Common Problems Business Partnerships Face

A business partnership can be a great arrangement to allow you to leverage the talents of other people to grow your company, hand down your business to the next generation, or share the proceeds of your work with others. Many partnerships are formed between two or more people who intend to do business together (though…

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Naming Secondary Beneficiaries

Secondary or contingent beneficiaries are those who will inherit assets if the primary beneficiary is no longer able to inherit, generally because they died before or simultaneously with, the estate’s grantor. A secondary beneficiary can be an individual or an entity. For example, the primary beneficiaries of an estate can be the children of the…

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Why Choose Mediation?

Just as legal disputes cover a broad range of topics, there are many different forms of dispute resolution options beyond trial. Many cases are resolved before they get to trial through settlement. Sometimes, you can reach a settlement just through negotiation between lawyers, but there is also an option to work with a mediator and…

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Who Handles an Estate Sale?

Driving down the road you see the sign, “Estate sale” and turn in. You’re greeted at a house with a jumble of items, a yard sale but with far better treasures all being sold off by a family who just doesn’t have any more space. Elvis records mixed in with Chopin, delightfully dated furniture needing…

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Enforcing a Construction Lien

For businesses in the construction industry, both general contractors and subcontractors, using a construction or mechanics lien is one mechanism to ensure payment upon project completion.  A lien is a document recorded with the appropriate county recorders office that gives notice to anyone interested in purchasing or securing a piece of property that there is…

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How an Estate Handles End-of-Life Bills

Few people plan and expect to pass away and even those that know it’s imminent leave behind the final set of bills covering their care, utilities, and other expenses. These final bills, along with funeral expenses, fall to the personal representative to handle. Estate Accounting The first step for most estates is to make an…

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The Importance of Service of Process

Service of process is one of the first steps of a lawsuit after the complaint has been drafted and filed with the correct court. This is the step that lets the opposing party know that there is a lawsuit pending against them. It’s important to ensure the other party knows, or at least has a…

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Estates and Common Law Marriage

Utah is one of a handful of states that still allows couples to petition the court to recognize them as married even though they never had a ceremony or obtained a marriage license. This requires a showing that the parties were of an age to consent, that the lived together, that they treated each other…

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Common Causes of Securities Fraud

No businessperson sets out to commit securities fraud, yet people find themselves on the receiving end of a phone call or letter from an investigator when they choose not to follow, or are unaware of, the laws regarding securities. By the time you’ve reached that point, you’re certainly facing financial consequences and sometimes criminal penalties…

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Estate Embezzlement: How it Happens and How to Avoid

The executor or personal representative of an estate has a wide range of powers to handle the assets of a deceased person. Even if they have the advice and assistance of professionals, they are the ones who make many of the decisions about when and what payments are made and how the assets are managed…

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