Using Trusts, LLCs, Partnerships and other legal tools, I help people protect their assets from lawsuits, eliminate estate and capital gains taxes, avoid probate, and prevent family feuds that often arise when planning documents are not clear, concise, and thorough. Then, I help them identify the legacy they want to leave to their family and their community.
Randall "Randy" Holmgren's practice focuses exclusively on estate planning, asset-protection planning, and business succession planning.
Estate planning includes protections aimed at eliminating federal and state death taxes -- and the delays, hassles and costs of probate. Many clients act on Randy’s suggestions to establish educational trusts to help descendants improve their qualifications in trades, businesses or professions. Similar trusts are also set up to pay wedding expenses and the down payment on a first home. The ideal distribution of funds stems from the adage that ”it’s better to teach someone to fish than to give him a fish.” “Incentive trusts" enable descendants to receive certain amounts of inheritance when they reach milestones – educational, vocational or professional. Mr. Holmgren has taken hundreds of clients through the planning process to help them achieve estate their objectives.
Mr. Holmgren's asset protection work includes precautions and preventative measures that can prevent the loss of assets at the hands of a bitter lawsuit or divorce. He establishes the proper types of entities to ensure that protection. Time is of the essence when it comes to this type of planning as it must be done well in advance of possible calamities – not at the eleventh hour.
For owners of businesses, farms and ranches, Randy helps families engineer succession plans that, if desired, can keep such companies going into the coming generations. Issues of tax-savings must be weighed in the light of family dynamics in deciding which children can and will lead the business and how family members outside the business will respond. Consideration must also be given to what influence children's spouses will have on the success of the plan. This area of planning is most often neglected because it is often the hardest to clarify and put in writing. Randy has helped families in communities – statewide and beyond – to roll up their sleeves and work on developing plans for ensuring the continuation and success of their family business.
Mr. Holmgren also helps identify what non-monetary legacy clients want to leave -- such as values, wisdom, principles, beliefs, life experiences, family name, and a commitment to certain charitable causes. Frequently, individuals don't take time to consider the value of their life to others, and they miss opportunities to leave a greater legacy than just money. Through estate-planning consultations, Mr. Holmgren helps clients identify what they want to accomplish and how to legally ensure it happens.
When estate planning has not been thorough, properly updated, or not prepared at all, Randy and other attorneys in the Jones Waldo “Estates & Trusts” group accept cases where courts are used to administer the affairs of decedents. Yet, he thoroughly believes that “a stitch in time saves nine” and that well-designed planning will shield families from lawsuits, probate, taxes, family feuds and other perils.
Mr. Holmgren has received the highest possible peer reviews (AV rating) from the national rating service Martindale Hubbell. Randy was listed in Utah Business Magazine's listing of Utah's Legal Elite for 2007 and 2008. He is admitted to practice law before the United States Supreme Court and the federal and state courts in Utah. Since 1995, he has been a member of the American Academy of Estate Planning Attorneys. Randy is also a member of the Utah State Bar Estate Planning Section and the Salt Lake Estate Planning Council. Mr. Holmgren currently serves as a member of the Development Advisory Committee for Community Nursing Services and on the Planned Gifts Committee of Southern Utah University.
Randy was born in Brigham City, Utah and has lived in Utah throughout his professional career. He received a Bachelor's Degree from Brigham Young University in 1980 where he served as student body Vice President. In 1983, he received his law degree (Juris Doctorate) from Pepperdine University School of Law in Malibu, California.
Randy has presented hundreds of lectures, seminars and workshops on estate planning, asset protection and business succession. He is a frequent presenter at colleges, universities, conventions, financial institutions and church and social groups.
Randy and his wife, Julie, are the parents of five children. They are active in church and community events and causes.
Aside from his current areas of expertise, Mr. Holmgren remembers a case from the early 90’s when he successfully represented a woman from Australia, in federal court, after her children were abducted from their home abroad and kept in hiding by her estranged husband in the United States. The case hinged upon interpretations of federal and international law, and The Hague Convention. In a highly contested court trial, conducted under emergency conditions, the federal judge sided with the mother of the children and used U.S. Marshals to identify where the children were being hidden and secure their safe passage home to Australia.