Category - Basic Stuff

How to work with an attorney (Huffington Post article)–part 1

August 13, 2018

Some people dread the thought of dealing with a lawyer and in many instances, this is justified.  However, just like any other profession, there are good attorneys and some which are not so good.  Likewise, regardless of qualifications and acumen, some individuals are pleasant to work with and some are not.  These realities have equal […]

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Biggest threat to your estate could be those closest to you (CNBC article)

June 15, 2018

Family conflicts could be the biggest problem with your estate plan.  Contrary to popular belief, this is more likely if you fall into the less-than-wealthy category.  Fewer assets to go around often results in more strife among heirs. Tax considerations (estate tax mostly) have traditionally dominated the focus of estate planning.  Today, with the current […]

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How to choose the right estate planning attorney (thebalance.com article)

June 4, 2018

Since there is no shortage of attorneys, you need the correct approach in choosing your estate planning attorney. Expertise, experience and a good fit (both ways) are important considerations when someone is trying to determine who to retain for estate planning legal work.  A recent online article titled “How to Interview a Prospective Estate Planning […]

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deadly estate planning mistakes (Forbes article)

April 24, 2018

One can learn much about writing catchy headlines from websites like Forbes and CNBC.com.  Similar to the CNBC article mentioned the last post, last week, Bob Carlson posted “Avoiding 7 Deadly Estate Planning Mistakes” on Forbes.com.  Let’s be real, the mistakes referenced by Mr. Carlson in his article are not really going to be deadly […]

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Are verbal agreements binding in Utah?

April 9, 2018

Is a handshake deal valid? Can you enforce a verbal agreement? Verbal agreements can be enforceable as a general matter.  However, there are exceptions to this principle.  Per the Utah Statute of Frauds, found in Title 25, Chapter 5, certain types of agreements must be evidenced by some form of writing.  Below are examples of such […]

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Why should you use a written contract?

March 29, 2018

Afterall, aren’t verbal agreements enforceable?  The short answer to that second question is yes (sometimes).  Verbal agreements can be legally enforceable, but such enforcement is often quite difficult.  Therefore, even though you CAN enforce a verbal agreement, at least some of the time, I would suggest that in many business transactions, you do not want […]

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Is a single member LLC required to have an EIN?

March 8, 2018

Not always. Even so, an EIN is often required and usually a good idea. A federal employer identification number (also known as an EIN or FEIN) is a nine-digit tax ID assigned to a business entity by the IRS.  The easiest and quickest way to obtain an EIN is via the IRS website. When business entities file […]

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Utah Law Can Prevent Trust Litigation

March 6, 2018

One of the main reasons people choose to use a trust for their estate planning is the desire to avoid probate (i.e., court proceedings) and thereby preserve privacy.  In the normal course, there is nothing that prevents trust litigation.  Happily, Utah has a law designed to do just that. Let’s first review the fact that […]

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top 10 reasons hire an attorney

March 5, 2018

I recently saw an article with this title.  In this age of DIY, folks often wonder where to draw the line between hiring a professional and utilizing Google to gain the requisite expertise to do their own work. The article is found on hirealawyer.findlaw.com, so there is a distinct bias towards hiring an attorney.  Even so […]

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Certificate of Trust and the difference between what banks may request and what they actually need

March 3, 2018

Just because a bank requests information, that does not necessarily mean the bank is entitled to receive such information.  By way of introduction, I spent several years of my legal career working directly for banks, including some of the largest banks in the world.  That was during my time working at a large firm in […]

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