Handling an Out-of-State Testator with In-State Property

When someone is purchasing property, they often do so with no regards to the state the property is located. It’s not at all unusual for someone to own property in two or more states. While they are only a resident of one state when they die and that state is generally where they have many…

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What Information is Accessible through FOIA?

The Freedom of Information Act (FOIA) is a mechanism by which concerned citizens can request specific information regarding the running of government. The federal government, federal agencies, and others that receive federal funding are obligated, with certain exceptions, to disclose information upon request. For state agencies, the Utah Government Records Access and Management Act gives…

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What is the Rule Against Perpetuates?

When planning an estate, one aspect your trusts and estates attorney will consider is the location of your property, particularly real property, when setting up your trusts. This is especially true when you want the trusts to run for a long period of time and control your assets for the benefit of your children and…

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Should I Appeal a Court Ruling?

If you’ve been involved in business litigation in Utah, you know how time-consuming and stressful the legal process can be. You and your employees are expected to appear multiple times for depositions and trial and these appearances can stretch into multiple days for complex or hard-fought cases. Further, your company resources are being used to…

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What is a Pour Over Will?

Even with the most comprehensive estate planning, it is still a good idea to do a pour-over will. While the bulk of your assets may be distributed without the probate process, any assets not included in the plan, such as your personal effects, money in your individual bank account, or a new car you just…

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Preserving Digital Information for Discovery

Many businesses now keep records that are almost completely digital, meaning that they are saved on computers or in the cloud and can, by accident or intentionally, be erased at the push of a button. However, a business that is facing or involved in litigation needs to put a digital information preservation strategy in place.…

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Passing Assets via Family Businesses

If part of your wealth lies in the ownership of a business, then you may be looking for how to pass on that business to your loved ones. This is especially true for businesses such as rental and real estate holding companies and others that require less management to generate income. For many business owners,…

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Should a Business Owner Represent their Business in Court?

Business owners often seek to represent their business in court. Attorneys can be expensive and, especially for minor issues, self-representation may seem like the best course. This could backfire on a business and it may even be illegal, especially when handling litigation where larger sums of money or specific types of issues are in dispute.…

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Giving to Charity in an Estate

A wonderful way to give to charities you support, from your favorite local mission to the college that helped you gain the skills you needed to succeed in life is to leave a gift to that charity in your estate. When discussing your estate plan, you should mention your desire to give to charity and…

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What to do when facing audits and fines from a State Agency

From time to time, different Utah agencies choose to audit businesses in the state. Audits are conducted by a number of different state agencies looking into various different aspects of your businesses. They serve as a routine way for the agency to check and ensure your business, as a sample of the state’s businesses, is…

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