What to Do When Facing a Collections Lawsuit

A common type of lawsuit faced by businesses regards money owed from one entity to another. These are often contract disputes where one party believes the terms of the contract were not honored and so withholds payment. Others are simple collections lawsuits where one party is owed money and the other chooses not to pay…

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Estate Planning for a Mixed Family

Life throws curveballs and you may find yourself with a mixed family, a spouse, an ex-spouse or two, children from each spouse, adopted children, and other loved ones, all of whom you want to remember in your estate. Regular intestate succession and even simple wills are not designed to handle blended families and the complicated…

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Spousal Lifetime Access Trusts

There are numerous mechanisms that can be used by large estates to reduce the impact of estate tax. Of the many different types of trust, the spousal lifetime access trust (SLAT) is gaining in popularity because it provides partners with a way to put their assets into a trust while still providing for their spouse.…

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Registered Agents and Service of Process

When you file a lawsuit, the first thing you have to do is make sure the opposing party is aware of the lawsuit. If you fail to make them aware that you’re suing them, then your lawsuit is invalid from the outset. To this end, the law has the mechanism for service of process to…

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Estate Planning Mistakes

While every situation and estate plan is unique, there are a handful of common mistakes you can avoid with proper planning. Whether you’re doing your first estate plan with a small estate or you’ve built a substantial enterprise and large estate, you can take the time to avoid common estate mistakes. Being Clear About Your…

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When Can You Issue a Subpoena?

Subpoenas can be powerful documents. They are orders from a court that demand an individual assist with a case or that documents are provided to the court and lawyers handling a case. Lawyers can issue subpoenas as can individuals who are parties to a lawsuit and are representing themselves pro se (meaning, without the assistance…

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Handling Creditors During Probate

As part of the probate process, businesses who extended you credit over your lifetime have an opportunity to come forward with your debts and be paid out of your estate. If no one opens your estate to probate, after a period of time, a creditor can apply to probate a debtor’s estate. In general, however,…

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What is the Unauthorized Practice of Law?

As with most states, Utah requires individuals to be properly licensed, active members of the Utah Bar and maintain their good standing with the Bar in order to practice law. Individuals who do not meet those requirements are not allowed to practice law in Utah, but that doesn’t stop people from trying to help others…

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What Causes a Lengthy Probate?

When you leave assets to your family and friends in probate, you’re thinking more about the enjoyment or benefits they will get from those assets, not how long the probate process takes. Mistakes could cause your assets to be distributed incorrectly or tie your entire estate up in probate for a long time. These are…

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Arbitration Clauses in Business Contracts

When negotiating an agreement between your business and a supplier or contractor, one thing that can be buried in the legal terms is how disputes about the contract are handled. This can become important when a dispute between you and the other party arises, even if it’s years down the road. Many businesses choose to…

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