When it comes to estate planning, it is important to not only create the necessary documents, but to understand what documents are needed to make your plan legally binding. In the state of Utah, there are specific documents that should be included in an estate plan in order to ensure that your wishes are carried out.
The first document that should be included in an estate plan in Utah is a will. A will is a legal document that allows an individual to state their wishes regarding the distribution of their estate upon their death. It is also called a last will and testament. It should include an executor and detailed instructions regarding the distribution of assets. Utah law requires that the will must be in writing and signed by the testator in the presence of two witnesses. The witnesses must also sign the will in the presence of the testator.
The second document necessary for a valid estate plan in Utah is a durable power of attorney. This document allows an individual to appoint another person (an “agent”) to make decisions for them in the event that they become incapacitated. The agent will be able to make decisions regarding finances, healthcare, and any other matters that the individual is unable to manage.
The third document required for a valid estate plan in Utah is a living will. This document allows an individual to provide instructions regarding their medical care in the event that they become incapacitated. The living will should include detailed instructions regarding the type of medical care that the individual desires and the wishes regarding end of life care. Utah law requires that the living will must be signed and witnessed in the same manner as a will.
The fourth document necessary for a valid estate plan in Utah is a revocable living trust. A trust allows an individual to appoint a trustee who will manage the assets held in the trust for the benefit of another individual or individuals. The trust should include detailed instructions regarding the management and distribution of the trust assets. Utah law requires that the trust must be in writing and signed by the grantor in the presence of two witnesses. The witnesses must also sign the trust in the presence of the grantor.
The fifth and final document necessary for a valid estate plan in Utah is a health care directive. This document allows an individual to appoint another person to make medical decisions on their behalf in the event that they become incapacitated. The health care proxy should include detailed instructions regarding the type of medical care that the individual desires and the wishes regarding end of life care. It should also include the name and address of the person appointed as the proxy.
It is important to understand the documents that are necessary to create a valid estate plan in the state of Utah. They are also necessary to help you achieve the goals of estate planning. These documents include a will, a durable power of attorney, a living will, a trust, and a health care proxy. It is important to ensure that these documents are properly executed and witnessed in order for them to be legally binding. By understanding and following these documents, an individual can ensure that their wishes are carried out according to their desires.
Estate Planning Documents Consultation
When you need legal help with Estate Planning Documents, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
Estate planning is an important process for people in Utah to consider. It is a way for individuals to take control of their assets and make sure that their wishes are carried out after they are gone. Estate planning can help ensure that the individual’s assets are distributed according to their wishes and that their family is taken care of. In Utah, there are specific goals that individuals should keep in mind when they are creating their estate plans.
The first goal of estate planning in Utah is to ensure the financial security of the individual’s family. This includes making sure that their spouse and children are provided for financially after the individual’s death. Estate planning can provide for the individual’s spouse and children by designating a beneficiary on life insurance policies, setting up trusts, or creating wills. It is important to have a plan in place to ensure that the individual’s family is taken care of financially after they are gone.
The second goal of estate planning in Utah is to minimize the tax burden on the individual’s family. Estate planning can help to reduce the taxes that the individual’s family will have to pay on their inheritance. This can be accomplished by taking advantage of certain tax benefits, such as using a trust or other estate-planning strategies. It is important to understand the tax implications of each estate-planning strategy so that the individual can make an informed decision about which one is best for their situation.
The third goal of estate planning in Utah is to ensure that the individual’s wishes are carried out after they are gone. Estate planning allows individuals to create documents that outline their wishes for the distribution of their assets after they are gone. This includes setting up trusts, creating wills, and making sure that their wishes are respected by the courts. By creating these documents, individuals can ensure that their wishes are followed after they are gone.
The fourth goal of estate planning in Utah is to protect the individual’s assets from creditors. Estate planning can help individuals protect their assets from creditors by setting up trusts and other strategies. This can help ensure that the individual’s assets are not taken by creditors and that their family is taken care of financially.
The fifth goal of estate planning in Utah is to provide for the individual’s long-term care. Estate planning can help individuals plan for their long-term care needs by setting up trusts, creating wills, and taking advantage of other strategies. This can help ensure that the individual’s care needs are taken care of and that their wishes are respected by the courts.
The goals of estate planning in Utah are varied and can be tailored to the individual’s specific needs and circumstances. It is important to understand the different goals of estate planning and to create a plan that takes into account the individual’s wishes and desires. By understanding the goals of estate planning in Utah, individuals can create a plan that will ensure that their wishes are carried out after they are gone and that their family is taken care of financially.
Estate Planning Consultation
When you need help with estate planning, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
If you are on this webpage you probably understand that proper Business Succession Planning is essential and that you need to have a Lehi Utah Lawyer help you to Secure Your Business’s Future. This is part of Business Succession Law and under the main category of Business Law.
Business succession planning is an important factor for any business owner to consider, as it can help to ensure the business’s longevity and success into the future. Succession planning is the process of planning for the transfer of ownership and management of a business from one generation to the next. It is a critical process that should be undertaken to ensure the future of the business and its owners.
Business succession planning involves more than just the transfer of ownership. It also involves the transfer of management, the development of a succession plan, and the implementation of strategies to ensure a successful transition. Proper planning can help to ensure that the business’s future is secure and that it will continue to be successful for years to come.
One of the key elements of business succession planning is the development of a succession plan. A succession plan is a document that outlines the ownership and management of the business and the steps that will be taken to ensure a smooth transition from one generation to the next. The plan should include the names of the designated successors, the timeline for the transition, and the strategies that will be used to ensure a successful transition.
The development of a succession plan should be undertaken with the help of an experienced business succession planning consultant. These consultants have the expertise and knowledge necessary to help business owners develop a plan that is tailored to the needs of their business. Consultants may also be able to provide advice on how to best manage the transition process, as well as provide advice on how to prepare for the future of the business.
In addition to developing a succession plan, business owners should also consider the financial aspects of the transition. This includes making sure that the business is properly insured and that the necessary taxes and fees are paid. It is also important to consider the estate taxes that may be applicable in the event of a business sale or transfer.
The transition process should also be carefully considered. It is important to ensure that the transition is smooth and that the business is not disrupted. The transition process should also involve the transfer of ownership and management of the business, as well as the development of any necessary agreements.
The transition process should also include the development of a buy-sell agreement. This agreement is a legally binding document that outlines the terms and conditions of the sale or transfer of the business. It should include the names of the buyers and sellers, the purchase price, the payment terms, and any other relevant information.
The transition process should also include the consideration of any outside parties that may be involved in the transaction. This may include family members, creditors, or other investors. It is important to ensure that all parties involved in the transaction are aware of the terms and conditions of the buy-sell agreement and that they agree to the terms.
The transition process should also include the consideration of any other related entities. This may include trustees, executors, or other entities. It is important to ensure that all of the relevant entities are aware of the terms and conditions of the buy-sell agreement and that they agree to the terms.
The transition process should also include the consideration of any key employees. These employees may be key to the success of the business and should be taken into account when planning for the transition. It is important to ensure that these employees are aware of the terms of the buy-sell agreement and that they agree to the terms.
The transition process should also include the consideration of any financial life insurance policies that may be necessary. These policies can help to protect the business and its owners in the event of the death of a key employee or family member. It is important to ensure that these policies are in place before the transition takes place.
The transition process should also include the consideration of any taxes and fees that may be applicable. This may include estate taxes, capital gains taxes, and other taxes that may be applicable. It is important to ensure that all of the relevant taxes and fees are paid before the transition takes place.
Finally, the transition process should include the consideration of any other related entities. This may include trustees, executors, or other entities. It is important to ensure that all of the relevant entities are aware of the terms and conditions of the buy-sell agreement and that they agree to the terms.
With proper planning and the help of a business succession planning consultant, business owners can ensure the future of their business and its owners. The transition process should be undertaken with the utmost care and consideration to ensure the business’s future success. With a well-developed succession plan, business owners can ensure the security of their business and its owners for many years to come.
Business Succession Law
Business succession planning is the process in which long-term needs are identified and addressed. The main concern in succession planning is in providing for the continuation of business operations in the event that the owner or manager retires or suddenly becomes incapacitated or deceased. This can occur by several means, such as transferring leadership to the following generation of family members or by naming a specific person to become the next owner. It is highly advantageous to have a business succession plan. Such a plan can create several benefits for the business, including tax breaks and no gaps in business operations. The plan will be formally recorded in a document, which is usually drafted by an attorney. A business succession plan is similar to a contract in that it has binding effect on the parties who sign the document and consent to the plan. Therefore, the main advantage of having a succession plan is that the organization will be much better prepared to handle any unforeseen circumstances in the future.
A well thought out succession plan will be both very broad in scope and specific in detailed instruction. It should include many provisions to address other concerns besides the issue of who will take over ownership.
A business succession plan should include:
• Approximate dates or time frames when succession will begin. For example, the projected date of the owner’s retirement. Instructions should also be composed for steps to take as the date approaches.
• Provisions for what should occur in case of the owner’s unexpected incapacitation, such as in the event of severe illness or death. A replacement should be named in these provisions, and you should state how long their responsibilities will last (i.e., permanent or temporary).
• Identification of who will be the next successor or a guideline for how election should occur, and instructions to ensure a smooth transition.
• A strategic plan for the business after the succession has taken place. This should include any new revisions to current policies and management structures.
As you might expect, there are many legal matters to be addressed when creating a succession plan. Some common issues that arise in connection with business succession include:
• Choice of successor: If the succession plan does not clearly name a successor, it can lead to disputes, especially amongst family members who may be inheriting the business. Be sure to state exactly who will take charge.
• Property distribution: If there is any property in the previous owner’s name, this will need to be addressed so that the property can be distributed upon or during transition.
• Type of business form: Every type of business has different requirements regarding succession. For example, if the business is a corporation, the previous owner’s name must be removed from the articles of incorporation and replaced with that of the successor’s name. On the other hand, partnerships will usually dissolve upon the death of a partner, and it must be re-formed unless specific provisions are made in a contract.
• Tax issues: Any outstanding taxes, debts, or unfinished business must be resolved. Also, if the owner has died, there may be issues with death taxes.
• Benefits: You should ask whether the business will continue to provide benefits even after the owner has retired. For example, health care, life insurance, and retirement pay must be addressed.
• Employment contracts: If there are any ongoing employment contracts, these must be honored so as to avoid an employment law disputes. For example, if there is going to be a change in management structure, it must take into account any provisions contained in the employees’ contracts.
Picking the Successor
When creating the business succession plan, it is crucial that the person that succeeds the current owner is able to continue the company successfully. Without this ability, many individuals may be crossed off the list. Otherwise, it is just easier to sell the organization to someone that the owner has not invested interest in, and the continued transactions and revenue mean nothing personal. One of the primary reasons to have a business succession plan is to ensure the company continues functioning after the owner either enters retirement or dies. For the successor to be a family member, he or she must be fully prepared to work hard and invest time and energy into the business. Many owners of a business have multiple family members or assistants that could take his or her place. It is important to assess both the strengths and weaknesses of each individual so he or she is able to choose the person best suited for the position. There could be resentment and negative emotions that affect the arrangement with other members of the family, and this must be taken into account along with keeping other relationships from becoming complicated such as a spouse or the manager of the business who may have assumed he or she would take on the ownership or full run of the company.
Finalizing the Process
While some may sell the company before retiring or death, it is still important to determine the value of the business before the plan is finalized. This means an appraisal and documentation with the successor’s name and information. Additional items may need to be purchased such as life insurance, liability coverage and various files with the transfer of ownership if the owner is ready to conclude the proceedings. The current owner may also be provided monetary compensation for his or her interest or a monthly stipend based on the profits of the company. These matters are determined by the paperwork and possession of the business. The transfer may be possible through a cross-purchase agreement where each party has a policy on the partners in the business. Each person is both owner and beneficiary simultaneously. This permits a buyout of shares or interest when one partner dies if necessary. An entity purchase occurs with the policy being both beneficiary and owner. Then the shares are transferred to the company upon the death of one person. Succession plans are commonly associated with retirement; however, they serve an important function earlier in the business lifespan: If anything unexpected happens to you or a co-owner, a succession plan can help reduce headaches, drama, and monetary loss. As the complexity of the business and the number of people impacted by the exit grows, so does the need for a well-written succession plan.
You should consider creating successions plan if you:
• Have complex processes: How will your employees and successor know how to operate the business once you exit? How will you duplicate your subject matter expertise?
• Employ more than just yourself: Who will step in to lead employees, administer human resources (HR) and payroll, and choose a successor and leadership structure?
• Have repeat clients and ongoing contracts: Where will clients go after your exit, and who will maintain relationships and deliver on long-term contracts?
• Have a successor in mind: How did you arrive at this decision, and are they aware and willing to take ownership?
When to Create a Small Business Succession Plan
Every business needs a succession plan to ensure that operations continue, and clients don’t experience a disruption in service. If you don’t already have a succession plan in place for your small business, this is something you should put together as soon as possible. While you may not plan to leave your business, unplanned exits do happen. In general, the closer a business owner gets to retirement age, the more urgent the need for a plan. Business owners should write a succession plan when a transfer of ownership is in sight, including when they intend to list their business for sale, retire, or transfer ownership of the business. This will ensure the business operates smoothly throughout the transition. There are several scenarios in which a business can change ownership. The type of succession plan you create may depend on a specific scenario. You may also wish to create a succession plan that addresses the unexpected, such as illness, accident, or death, in which case you should consider whether to include more than one potential successor.
Selling Your Business to a Co-owner
If you founded your business with a partner or partners, you may be considering your co-owners as potential successors. Many partnerships draft a mutual agreement that, in the event of one owner’s untimely death or disability, the remaining owners will agree to purchase their business interests from their next of kin. This type of agreement can help ease the burden of an unexpected transition—for the business and family members alike. A spouse might be interested in keeping their shares but may not have the time investment or experience to help it blossom. A buy-sell agreement ensures they’re given fair compensation, and allows the remaining co-owners to maintain control of the business.
Passing Your Business Onto an Heir
Choosing an heir as your successor is a popular option for business owners, especially those with children or family members working in their organization. It is regarded as an attractive option for providing for your family by handing them the reins to a successful, fully operational enterprise. Passing your business on to an heir is not without its complications. Some steps you can take to pass your business onto an heir smoothly are:
• Determine who will take over: This is an easy decision if you already have a single-family member involved in the business but gets more complicated when multiple family members are interested in taking over.
• Provide clear instructions: Include instructions on who will take over and how other heirs will be compensated.
• Consider a buy-sell agreement: Many succession plans include a buy-sell agreement that allows heirs that are not active in the business to sell their shares to those who are.
• Determine future leadership structure: In businesses where many heirs are involved, and only one will take over, you can simplify future discussions by providing clear instructions on how the structure should look moving forward.
Selling Your Business to a Key Employee
When you don’t have a co-owner or family member to entrust with your business, a key employee might be the right successor. Consider employees who are experienced, business-savvy, and respected by your staff, which can ease the transition. Your org chart can help with this. If you’re concerned about maintaining quality after your departure, a key employee is generally more reliable than an outside buyer. Just like selling to a co-owner, a key employee succession plan requires a buy-sell agreement. Your employee will agree to purchase your business at a predetermined retirement date, or in the event of death, disability, or other circumstance that renders you unable to manage the business.
Selling Your Business to an Outside Party
When there isn’t an obvious successor to take over, business owners may look to the community: Is there another entrepreneur, or even a competitor, that would purchase your business? To ensure that the business is sold for the proper amount, you will want to calculate the business value properly, and that the valuation is updated frequently. This is easier for some types of businesses than others. If you own a more turnkey operation, like a restaurant with a good general manager, your task is simply to demonstrate that it’s a good investment. They won’t have to get their hands dirty unless they want to and will ideally still have time to focus on their other business interests. Meanwhile, if you own a real estate company that’s branded under your own name, selling could potentially be more challenging. Buyers will recognize the need to rebrand and remarket and, as a result, may not be willing to pay full price. Instead, you should prepare your business for sale well in advance; hire and train a great general manager, formalize your operating procedures, and get all your finances in check. Make your business as stable and turnkey as possible, so it’s more attractive and valuable to outside buyers.
Selling Your Shares Back to the Company
The fifth option is available to businesses with multiple owners. An “entity purchase plan” or a “stock redemption plan” is an arrangement where the business purchases life insurance on each of the co-owners. When one owner dies, the business uses the life insurance proceeds to purchase the business interest from the deceased owner’s estate, thus giving each surviving owners a larger share of the business.
Reasons to Hire a Business Succession Attorney
• Decisions during the Idea Stage: Even before you officially open your doors for business, you have several decisions to make that will affect your daily operations going forward. What will you call your company? Is the name you have in mind available? What is your marketing tag line? Can you use that without encountering any problems? Where will your business be located? Are there any zoning issues of which you need to be aware? These are just a few examples of decisions that need to be made before you even start doing what it is you want to do. These decisions will be a lot easier to make with the help of a business attorney.
• Startup Protocols and Legal Requirements: Another early decision you’re going to have to make involves the specific type of business entity you want to initiate. You need to do so for several reasons, not the least of which is that most types of business entities require some sort of registration and all businesses will need to register and obtain a business license from the local municipalities in which they operate. In addition, you may need to provide public notice of the intention of starting a business entity, which could involve publishing that notice in a newspaper for four weeks. You need to do this right or you could face other problems, which is another reason why hiring a lawyer for your business startup is a wise decision.
• Banking Questions: If you’re going to start a business, you’re also going to need to open a bank account or perhaps multiple bank accounts. You may also need to apply for credit in the forms of credit cards and/or lines of credit if attainable. It’s highly advisable for a plethora of reasons to keep all of your business finances completely separate from your personal situation, as it’ll be much easier to organize those separate forms of finances come tax time or should any other questions arise. A small business attorney can help you choose the proper bank and the type of account or accounts you should look to open so you don’t wind up scrambling after you begin your core mission.
• Tax Questions: Since the founding of our country, a common quote that people tend to repeat in several contexts is, “Nothing is certain except for death and taxes.” What is not debatable is that your business will be taxed in one way or another, and you need a lawyer for your business startup to make sure that you’re both in compliance with local, state and federal tax codes and so that you’re not unnecessarily facing double taxes. Tax questions should be answered before you get started so you know what to generally expect in this regard, and from there you should work with a tax accountant for your specific tax questions.
• Insurance Questions: One of the issues that you’ll begin to hear and think more about as you get ready to start your business involves liability. You are responsible for the product or service you provide to your clients or customers, and you want to make sure that you’re protected from personal liability should something go wrong. You may also need to comply with regulations that require some sort of liability insurance coverage, but choosing the proper coverage and understanding the nature of that coverage are involved tasks that need to be done right. A small business attorney can help guide your business towards the coverage you need while simultaneously helping you minimize the chance for unexpected and unpleasant surprises down the road.
• Debt Management: For most Americans, debt is simply a part of life. For the majority of small business owners, debt is something that exists even before they open their doors. Debt is real and it doesn’t go away easily, and like anything else, questions, confusion and problems relating to debt can arise that can harm your ability to push your organization forward. The best way to manage debt issues is by way of advice from a business attorney who can explain the legalities involved with it and fight for you if there is a problem.
• Dispute Advocacy: It’s common for any business to encounter disputes of one type or another. It’s also unfortunately common for a startup business to wind up dealing with a problem with a vendor or some larger, more established entity. Regardless, owners need a small business attorney at the ready to fight for their company when such situations arise. An attorney who isn’t going to hesitate to advocate zealously for clients can level the playing field and even help resolve issues before they become much larger problems. In some cases, even mentioning that you have an attorney representing you could help avoid those problems altogether.
Business Succession Lawyer Lehi Utah Consultation
When you need legal help with a business succession in Lehi Utah, call Jeremy D. Eveland, MBA, JD (801) 613-1472.
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
A last will and testament is a legal document that allows someone to dictate how their property, assets, and other possessions should be distributed upon their death. It also names a person to serve as the executor of the estate and specifies who will receive which assets. The will should be drafted and signed by the testator, the person making the will, in the presence of two witnesses and a notary public.
The purpose of a last will and testament is to ensure that the testator’s wishes are carried out after death. It can prevent disputes between family members and ensure that the testator’s assets are distributed in a way that reflects their wishes and intentions. After you create a will, you can always revoke it while you are alive. Revocation can be done in different ways depending on where you are domiciled at the time you intend to revoke your will. Best to talk to an estate planning attorney to make sure your revocation is valid.
What Is A Last Will And Testament?
Dictionary Definition: Last Will and Testament: A written document in which a person (testator) sets forth instructions for the disposition of his or her property after death. The will typically names an executor, who is responsible for carrying out the instructions of the will, and may also name guardians for minor children of the testator. Last Wills and Testaments usually must be signed by the testator and witnessed by two or more individuals.
What Does A Last Will And Testament Include?
A last will and testament should include the testator’s name, address, and the names of the beneficiaries, which are the people who will receive the testator’s assets. It should also include the testator’s wishes regarding the distribution of their assets, who will serve as the executor of their estate, and any other instructions the testator wishes to include.
The will should also include the names of two witnesses who can attest to the fact that the testator signed the document of their own free will and in sound mind. The witnesses should also be present when the testator signs the document and must be at least 18 years old.
The testator should also name a person to serve as their personal representative, which is the person who will be responsible for carrying out the testator’s wishes. This person should be someone the testator trusts to handle their estate upon their death.
What Are The Requirements For A Last Will And Testament?
The requirements for a last will and testament vary from state to state, but generally the testator must be at least 18 years old and of sound mind. The document must also be signed in the presence of at least two witnesses who are at least 18 years old.
The document should also be notarized, which means that a notary public will witness the signing of the document and will typically ask the testator a few questions to ensure that they understand what they are signing.
In addition, the testator should list all of their assets and specify who will receive each asset in the document. It is also important to name an executor, who will be responsible for carrying out the testator’s wishes, as well as a personal representative who will handle any debts or taxes that may be owed upon the testator’s death.
What is Dependent Relative Revocation?
The term dependent relative revocation refers to the procedure by which an entity revokes a certificate that is dependent on another certificate that has already been revoked. The entity can revoke the certificate they hold even if they do not hold the other certificate, because the certification authority (CA) who issued the dependent certificate has already handled all the necessary steps to revoke that certificate. Dependent relative revocation is a defense against a revoked certificate in which, when the original certificate is revoked, dependent certificates are also revoked.
What Are The Benefits Of Having A Last Will And Testament?
Having a last will and testament is an important part of estate planning and can provide peace of mind to the testator and their loved ones. A will can ensure that the testator’s wishes are followed after their death and that their assets are distributed in a way that reflects their wishes and intentions.
A will can also be beneficial in preventing disputes between family members or other beneficiaries. It can also take the burden off of the testator’s family members or other loved ones by making the process of settling the estate much easier.
In addition, a will can also help to ensure that any special instructions the testator may have are followed, such as funeral arrangements or the care of a dependent relative.
Where Can I Get Help With A Last Will And Testament?
If you are interested in creating a last will and testament, it is important to seek legal advice from a qualified attorney or other legal professionals. Many states also have helpful guides available online that can help you create a valid will.
There are also several companies, such as Rocket Lawyer, that provide helpful resources for drafting a last will and testament. These companies can provide you with the necessary forms and can also help you to understand your state’s laws and requirements for a valid will.
It is also important to note that the laws and requirements for a last will and testament vary from state to state, so it is important to research your state’s laws before drafting a will.
Control Who Gets your Property, Assets, Etc.
A last will and testament is a legal document that allows someone to dictate how their property, assets, and other possessions should be distributed upon their death. It also names a person to serve as the executor of the estate and specifies who will receive which assets. The requirements for a valid will vary from state to state, so it is important to research your state’s laws before drafting a will.
If you are interested in drafting a last will and testament, it is important to seek legal advice from a qualified attorney or other legal professionals. Many states also have helpful guides available online that can help you create a valid will. There are also several companies, such as Rocket Lawyer, that provide helpful resources for drafting a last will and testament.
Having a lawyer write your Last Will and Testament is highly recommended. It is important to make sure that your wishes are followed and that the document is legally binding. A lawyer can help ensure that your wishes are carried out properly and that your assets are distributed according to your wishes.
A Last Will and Testament is a legal document that outlines your wishes for the distribution of your assets upon your death. It also allows you to appoint an executor, who will be responsible for carrying out your wishes. Without a properly drafted Last Will and Testament, your assets could be distributed according to the laws of your state, which may not be in line with your wishes.
A Will Lawyer Can Help You
A lawyer can help you draft a Last Will and Testament that meets all of the legal requirements of your state. They can also advise you on any potential tax implications of your estate plan. This can help ensure that your assets are distributed in a way that is beneficial to your beneficiaries.
Having a lawyer write your Last Will and Testament can also provide peace of mind. Your lawyer will be able to ensure that your wishes are legally binding and that your assets are distributed according to your wishes. This can help remove the potential for disputes between family members or beneficiaries.
Having a lawyer write your Last Will and Testament can also help to protect your assets. They can advise you on ways to protect your assets from creditors or lawsuits. They can also advise you on ways to limit or avoid estate taxes.
Finally, having a lawyer write your Last Will and Testament can provide you with the assurance that your wishes will be carried out after your death. Your lawyer can make sure that your document is properly drafted and that all of the legal requirements are met. This can help to ensure that your wishes are followed and that your assets are distributed according to your wishes.
Having a lawyer write your Last Will and Testament is an important step for anyone planning for their future. It can provide you with peace of mind and can help ensure that your wishes are followed. A lawyer can help you draft a document that meets all of the legal requirements and can advise you on ways to protect your assets.
A Will As Part Of Your Estate Plan
A Last Will and Testament is an essential part of any good estate plan. This document allows you to designate who your assets and possessions will be passed on to when you pass away. It also allows you to name an executor who is responsible for carrying out the terms of your will. Additionally, having a Last Will and Testament can help to avoid family disputes over your estate by making your wishes known. It also allows you to name guardians for any minor children you may have. When creating a Last Will and Testament it is important to make sure it is in compliance with your state’s laws and is properly witnessed and notarized.
Last Will and Testament Lawyer Consultation
When you need legal help with a Last Will and Testament, call Jeremy D. Eveland, MBA, JD (801) 613-1472.
Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472
https://jeremyeveland.com
This Estate Planning post will attempt to tell you what you need to know about estate planning. Obviously it is hard to provide all information about every aspect of estate planning in one post, but we will touch upon each of the essential elements. Also, if you have questions about estate planning in Utah, call Jeremy Eveland for a free consultation (801) 613-1472.
Estate planning is an important part of life, no matter which state you live in. In Utah, estate planning is the process of planning for the management of someone’s assets, property, and other possessions after their death. It is important to understand the basics of estate planning so that you can make the best decisions for yourself and your family.
What is Estate Planning in Utah?
Estate planning in Utah is the process of creating documents and other measures to ensure that your wishes are carried out after your death. This includes creating a will, trust, power of attorney, and health care directive to ensure that your assets, property, and other possessions are passed on according to your wishes. Estate planning also involves making decisions about taxes on your estate, who will be the executor of your estate, and who will make medical decisions for you if you are unable to do so yourself.
Why Get a Complete Estate Plan Done?
Creating a comprehensive estate plan is important because it will provide your loved ones with the peace of mind that your wishes will be carried out after you pass away. It will also protect your assets and property, allowing them to be passed on to your beneficiaries with minimal tax or other costs. Additionally, it will provide your family with the guidance they need to make decisions about how to handle your estate in the event of your death.
Why Does an Estate Plan Use a Will, Trust, Power of Attorney and Health Care Directive?
A will is a legal document that outlines how you want your assets and property to be distributed after you pass away. It can also appoint an executor to carry out your wishes and make sure that your legacy is carried out according to your wishes. A trust is a legal document that allows you to transfer your assets and property to a third party, such as a family member or a charity, while you are still alive. This can help reduce estate taxes, and can also help you protect your assets and property.
A power of attorney is a document that allows you to appoint someone to make financial and legal decisions on your behalf if you are unable to do so yourself. A health care directive is a document that outlines your wishes regarding medical care should you become incapacitated and unable to make decisions for yourself.
Durable Power of Attorney
Durable Power of Attorney in Utah is an important document when it comes to estate planning. It is a legal document that allows someone to act on behalf of the principal when it comes to managing their financial and medical decisions. This document is especially important for those who are unable to make decisions for themselves due to age, disability, or illness.
When it comes to estate planning in Utah, there are several important tasks that need to be completed. These include creating a trust, setting up beneficiary designations for accounts, and determining who will be the executor of the estate. In addition, there are also important tax considerations that must be taken into account. A CFP® professional can help individuals understand the tax implications of their estate plan.
When it comes to the durable power of attorney, it is important to understand the different types that exist. These include financial power of attorney, health care power of attorney, and guardianship. The American Bar Association recommends that individuals create a durable power of attorney as part of their estate plan. This document will allow someone to make decisions on behalf of the principal in the event that they are unable to do so.
Creating a durable power of attorney in Utah can be a complicated process. It is important to consult with an estate planning attorney to ensure that the document is properly drafted and all of the necessary tasks are completed. There are also helpful guides and estate planning checklists that can be used to ensure that everything is taken care of properly.
In addition to creating a durable power of attorney in Utah, it is also important to create other documents such as a living trust, last testament, and life insurance policy. These documents can help ensure that assets are managed according to the wishes of the principal, and that the heirs and beneficiaries of the estate are taken care of.
Estate planning in Utah is an important process, and one that should not be taken lightly. It is important to consult with a trusted financial advisor, estate planning attorney, or estate planner to ensure that the estate plan is created properly and that all of the necessary documents are drafted. With the help of these professionals, individuals can create a plan that is tailored to their needs and that will provide peace of mind to their loved ones.
Health Care Directive
Making a health care directive in Utah can be a complex process, and it’s important to have all the necessary documents in place to ensure your wishes will be honored in the event of your incapacity. Estate planning involves a variety of documents, including wills, trusts, power of attorneys, and life insurance policies, all of which can be used to protect your assets, care for your family, and make sure your beneficiaries are taken care of when you’re gone.
Estate planning begins with a thorough review of your assets and liabilities. An estate-planning attorney can help you determine the best way to organize your assets and minimize the impact of federal and state taxes. You will also need to decide how to distribute your property and assets among your beneficiaries, and how to allocate your estate taxes.
Once you have a plan in place, you will need to create the legal documents that will ensure your wishes are carried out. Your estate plan should include a will, a trust, and a durable power of attorney. A will is used to specify who will receive your property and assets when you pass away, and a trust can be used to manage and protect your assets during your lifetime. A durable power of attorney will give someone else the power to make decisions on your behalf if you become incapacitated.
In addition to these documents, you may need to create other documents to protect your loved ones. Beneficiary designations, for example, can be used to ensure that your life insurance benefits are paid to the people you choose. It’s also important to review your financial accounts and beneficiary designations on a regular basis to make sure they are up-to-date.
Finally, you may want to create a living will to make sure your wishes are respected in the event of your death. This document can be used to specify your wishes regarding medical care and end-of-life decisions. You may also want to consider creating a guardianship for any minor children you have, or a power of attorney for someone you trust to manage your finances if you become incapacitated.
A health care directive in Utah can help protect your family, your estate, and your assets. Working with a CFP® professional or an estate planner can help ensure your plan is tailored to your specific needs and goals. Estate planning is an important part of taking care of yourself and your loved ones, so it’s a good idea to take the time to create a plan that meets your needs.
Why Does a Business Owner Need Estate Planning?
Estate planning is important for business owners, as it allows them to ensure that their business will continue to be successful after their death. Estate planning for a business involves setting up a trust or other legal structure to ensure that the business is passed on according to your wishes. It also involves making decisions about taxes, beneficiaries, and accounts. Additionally, it involves making sure that the business is structured in a way that will minimize tax costs and maximize the value of the business for future generations.
Estate planning in Utah is an important process that should not be taken lightly. It is essential to understand the basics of estate planning, including the use of a will, trust, power of attorney, and health care directive. It is also important to understand why a business owner needs estate planning, and to make sure that the business is structured in a way that will maximize its value and minimize tax costs. By understanding the basics of estate planning and taking the time to create a comprehensive plan, you can ensure that your wishes will be carried out after your death.
Estate Planning and the Family Business Succession Plan
Many think “Estate Planning” is about planning for property after death, or about avoiding estate or death taxes – but it is much more than that. It is about people: spouses, children, favorite family members, and close friends; their security and prosperity without you. It is about your values.
You are unique and therefore your estate plan should be unique. A skilled advisor can assist you to accomplish things that most people have never thought about and don’t understand, since estate planning is complex, and changes occur in legislation and circumstances. It is living planning as well as planning after death. It is about the time necessary to identify and accomplish goals and about the money and property necessary to create and maintain a lifestyle for your loved ones after death. It is also about state and federal taxes: income, gift, estate and generation skipping taxes. But there are many issues in estate planning more important to most people than taxes.
Estate planning is also a process that if not carried out privately by you, will be completed publicly and very expensively by the government.
Estate Planning Goals (Questions you should consider before planning succession)
Who will be the guardian of your minor children (Someone you chose or someone the government chooses)?
Will you plan to privately administer your estate or will you allow the government to plan for you (In other words, will you be a voluntary or an involuntary
philanthropist)?
Who will take care of you and how will you be taken care of if you become disabled?
Who will make medical decisions for you, including life support, and how will they be made if you are disabled?
How can you assure that your entire family is not burdened by taking care of you if you become disabled?
How can you protect yourself from creditors?
How can you pass your family values with your property to your children?
How can you assure that your children’s character will not be spoiled by their inheritance from you?
How can you leave your assets fairly, if not equally, to the children of a blended family?
How can you assure that your surviving spouse will not worry about the management of your estate if you pass away?
How can you protect your surviving spouse from a new spouse who becomes a financial predator upon his/her remarriage after your demise?
How can you develop a family business succession plan during life or after death?
How can you avoid disputes among your family members after your demise?
Some Estate Planning Mistakes and Misconceptions
There are many misunderstandings about estate planning. One of the most common misunderstandings is the thinking that “I only need a trust to avoid probate and accomplish my objectives and any trust will do…” Like many misunderstandings, this one is based upon a twisted version of the truth.
The truth is that a trust is a contract and courts honor the intentions of the parties to a trust which provides for the private administration of their estate at disability or death so that, theoretically, they do not then need to go through the administrative nightmare of probate court. However, that is like saying that the only thing you need to be successful in business is a business plan and any business plan will do. No one would believe that. Over the years, it has been proven that only around 50% actually achieve the client’s objectives.
There are many reasons for this and some are:
• The primary reason trusts fail is that the assets have not been transferred to the control of the trust.
• The second major reason trusts fail is that they do not have the correct trustees.
• Another important reason is that no one ever explained the multitude of alternative benefits in estate planning to the client, so that they could make intelligent decisions about what they wanted to accomplish.
• The client had perhaps consulted one of the many attorneys simply providing a “trust book salesman” service. They purchased a boilerplate trust, never updated it, and died without knowledge of the benefits that might have been available if they had been correctly advised. The boilerplate trust failed because it didn’t accomplish the client’s true needs.
• Other reasons trusts fail are because changes in the law have not been implemented into the trust, or that the trust has not been updated to reflect the client’s current wishes.
Your Estate Plan
A good definition of fundamental private estate planning is a plan to control your property while you are alive, take care of you and your loved ones if you become disabled and give what you have to whom you want, the way you want and when you want and to save every last tax dollar, professional fee and court cost possible. Many large business houses have been facing the problems of succession issues. At the same time smaller enterprises are not immune from the syndrome either. Effective business succession plan is one of the most important aspects of estate planning at its best.
While chalking out their estate planning many estate owners forget taking care of one of the major aspects of it, the family business succession plan. Large commercial enterprises faced such problems and there are numerous others who have already been in the frying pan or in line for it. Addressing the problem requires effective planning and foresight and it is better to have such plan in place in the lifetime if someone owns a family business.
Not having such plan in place could create real problems. Yet having one could really help even after the death of the original owner preventing the family going apart due to property conflicts. Since careful planning and strategy building are both involved in such planning, services of some reputed and reliable probate attorney could be real help. Problems like these are common to all irrespective of the geographical locations, social formation, custom, usages, and even the specific law of the land.
Developing a family business succession plan may be an integral part of the overall estate planning but it is no mean task. Psychological barriers apart from other considerations, the state of mind of some of the inheritors and their current status could all substantially influence the formation of such plans. Of course the problem has been minimized to a great extent with the advent of Internet and World Wide Web. For instance it is now possible getting all the information about best attorneys dealing with real estate management in Utah just sitting at home and surfing the websites.
Interesting aspect of such planning process is the probabilities of disputes arising among the family members on succession after the demise of the real owner. Unless effectively addressed before it starts, it could well go out of hand and could become one of the greatest challenges even for the avid Estate Planning Attorney.
The basic requirements for a plan are that it be accessible, clear, specific, precise, and accurate.
Is it Accessible?
To be accessible, a plan must provide the needed information so that you can find it. It must be in the proper format, and it must not be cluttered with extraneous material. Although having complete plans is important, voluminous plans are unwieldy. You need to know what is in the plan and where it is. You should be able to quickly find the original schedule and all subsequent revisions. Data should be clear and, to be most convenient, should be in a prescribed order and in a known, consistent, and no redundant format.
Is It Clear?
If data are not complete and unmistakably clear, they cannot be used with confidence. If they cannot be used with confidence, there is no point in gathering them at all.
Is It Specific?
A specific plan identifies what will be done, when, by whom, and at what costs. If these items are not clear, the plan is not specific.
Is It Precise?
Precision is a matter of relating the unit of measure to the total magnitude of the measurement. If, for example, you analyzed a project that took 14 programmer years, management would not be interested in units of minutes, hours, or probably even days. In fact, programmer weeks would probably be the finest level of detail they could usefully consider.
Is It Accurate?
Although the other four points are all important, accuracy is crucial. A principal concern of the planning process is producing plans with predictable accuracy. Do not be too concerned about the errors in each small task plan as long as they appear to be random. That is, you want to have about as many overestimates as underestimates. As you work on larger projects or participate on development teams, the small-scale errors will balance each other out and the combined total will be more accurate.
Estate Protection Plan
Includes All Legal Services in “Minimum Required Plan” Plus:
Communication with Attorney
a. Meeting with clients/family includes review of advanced planning needs.
Transfer of Assets
a. Drafting the four essential items of an estate plan, including a will, trust, power of attorney and health care directive.
Trustee Training
a. Letters to all of your trustees, executors, agents and guardians, explaining the honor and definition of their role and where to find documents in case of need.
Estate Planning Free Consultation
When you need an estate planning attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.
Recent Posts
We serve businesses and business owners for succession planning in the following locations:
Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europeans to arrive in the mid-16th century, though the region’s difficult geography and harsh climate made it a peripheral part of New Spain and later Mexico. Even while it was Mexican territory, many of Utah’s earliest settlers were American, particularly Mormons fleeing marginalization and persecution from the United States. Following the Mexican–American War in 1848, the region was annexed by the U.S., becoming part of the Utah Territory, which included what is now Colorado and Nevada. Disputes between the dominant Mormon community and the federal government delayed Utah’s admission as a state; only after the outlawing of polygamy was it admitted in 1896 as the 45th.
People from Utah are known as Utahns.[9] Slightly over half of all Utahns are Mormons, the vast majority of whom are members of the Church of Jesus Christ of Latter-day Saints (LDS Church), which has its world headquarters in Salt Lake City;[10] Utah is the only state where a majority of the population belongs to a single church.[11] The LDS Church greatly influences Utahn culture, politics, and daily life,[12] though since the 1990s the state has become more religiously diverse as well as secular.
Utah has a highly diversified economy, with major sectors including transportation, education, information technology and research, government services, mining, and tourism. Utah has been one of the fastest growing states since 2000,[13] with the 2020 U.S. census confirming the fastest population growth in the nation since 2010. St. George was the fastest-growing metropolitan area in the United States from 2000 to 2005.[14] Utah ranks among the overall best states in metrics such as healthcare, governance, education, and infrastructure.[15] It has the 14th-highest median average income and the least income inequality of any U.S. state. Over time and influenced by climate change, droughts in Utah have been increasing in frequency and severity,[16] putting a further strain on Utah’s water security and impacting the state’s economy.[17]
Salt Lake City is the capital and most populous city of Utah, United States. It is the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020, the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,746,164, making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin.
Business Succession Law is a complex and important area in the legal landscape. It involves planning for the future of a business, from the transfer of ownership and control to the division of assets and liabilities. It is essential for business owners, family members, and other stakeholders to understand the legal rules, regulations, and issues associated with business succession in order to ensure the continuity of the business and the protection of the owners’ interests. Business Succession Law is a subset of Business Law.
Black’s Law Dictionary, Seventh Edition, Page 1162, defines succession as: “The act or right of legally or officially taking over a predecessor’s office, rank, or duties. 2. The acquisition of rights or property by inheritance under the laws of descent and distribution.” (Abridged Edition, West Group, 2000). Succession is also defined in law as “(1) the act or right of legally or officially coming into a predecessor’s office, rank, or functions: (2) the acquiring of an intestate share of an estate; or (3) loosely, the acquiring of property by will.” from Garner’s Dictionary of Legal Usage, Third Edition, p. 859, Oxford University Press (2011). In the common law, Succession is the mode by which one set of persons, members of a corporation agregate, acquire the rights of another set which preceded them. This term in strictness is to be applied only to such corporations. 2 Bla. Com. 430. From page 3176 of Bouvier’s Law Dictionary, Volume 2, L-Z (1914).
So, business succession law is an important area of law that governs the transfer of ownership of businesses from one owner to another. It is important for businesses that are owned by multiple individuals, as it helps to ensure that the business is transferred in accordance with the wishes of the owners. It is also important for businesses that are owned by a single individual, as it helps to ensure that the business is transferred in accordance with the wishes of the deceased owner. Attorney Jeremy Eveland helps business owners in Utah with succession or transfer of ownership of a business either by estate planning, succession planning, or mergers, acquisitions, or direct sales.
Business Succession Planning
The process of business succession planning involves numerous legal issues, such as the transfer of ownership, division of assets and liabilities, and the protection of the business’s interests. Ownership of a business can be transferred to a family member, outside party, or other entity in the form of a buy-sell agreement, estate plan, or other legal arrangement. A buy-sell agreement is a document that outlines the terms and conditions for the purchase and sale of a business, and can be used to transfer ownership of a business to a family member, outside party, or other entity.
Transferring a Business to a Family Member
Transferring a business to a family member is an exit strategy that legally requires a great deal of planning, paperwork, and patience. Before beginning the process, it is important to understand the tax implications, as well as any legal or other considerations that may need to be addressed. For example, if the business is a corporation, it is important to ensure that all shareholders are in agreement with the transfer.
The next step is to draft a legally binding agreement that outlines the terms of the transfer. This should include the value of the business, the method of payment, the responsibilities of the recipient, and any contingencies that may be necessary. It is also important to consider the tax consequences of the transfer, as this may have a significant impact on the financial future of the business and its owners.
Once the agreement is finalized and signed, the transfer can begin. This may involve transferring ownership of the business, transferring assets, and transferring any necessary licenses or permits. It is also important to consider the transition of employees and customers to the new owner.
Finally, it is important to ensure that all of the necessary paperwork is filed with the relevant governing bodies. This may include filing for a new business license or registration, or notifying the IRS of the transfer.
Transferring a business to a family member legally can quickly become a complicated and time consuming process, but it is a viable business exit strategy. It is important to understand the legal and financial considerations involved, as well as to ensure that all paperwork is completed correctly and filed with the relevant governing bodies. With the right preparation and planning, however, the transfer can be completed with minimal disruption to the business and its owners.
Business Succession Lawyer Free Consultation
When you need a business succession attorney, call Jeremy D. Eveland, MBA, JD (801) 613-1472.
Areas We Serve
We serve businesses and business owners for succession planning in the following locations:
Estate planning is also an important part of business succession planning. Estate planning involves the preparation of a will, trust, or other document that outlines the transfer of ownership and control of a business upon its owner’s death. It can also encompass the division of assets, liabilities, and taxes associated with the business. Estate planning can be especially important for family businesses, as it can help ensure that the business will be passed on to the next generation in the manner intended by the senior-generation owners.
The legal needs of business succession planning can be complex, and it is important to consult an experienced attorney to ensure that the process is handled correctly. Attorney Jeremy D. Eveland, MBA, JD, a lawyer based in Utah, focuses his practice in business succession planning and estate planning. We provide legal services to many business owners and families, from estate planning to buy/sell agreements. We use our knowledge and experience to help families and businesses navigate the complexities of business succession law and ensure that their goals for the future of their business are achieved.
Business succession planning involves more than just legal services. It requires careful consideration of many different issues, from the transfer of ownership and control to the division of assets and liabilities. It is important to consider the needs of the business, its employees, and its owners, as well as the future of the business. Attorney Jeremy Eveland understands the nuances of business succession planning, and our attorneys provide comprehensive legal services to ensure that the needs of the business and its owners are met.
What Is Business Law?
Business succession law is a set of laws that govern the transfer of ownership of a business from one owner to another. This type of law is important for businesses that are owned by multiple individuals, as it helps to ensure that the business is transferred in accordance with the wishes of the owners. It is also important for businesses that are owned by a single individual, as it helps to ensure that the business is transferred in accordance with the wishes of the deceased owner.
Business succession law is primarily concerned with wills, intestacy, and the granting of probate. A will is a legal document that sets out the wishes of the deceased owner in regards to the transfer of ownership of the business. If the owner has not left a will, then the laws of intestate succession will apply. Intestate succession is a set of laws that govern the transfer of ownership of a business when the deceased owner did not leave a will. In either case, the court will grant a probate, which is a document that confirms the transfer of ownership of the business.
Alternative dispute resolution (ADR) is another important aspect of business succession law. ADR is a process in which parties attempt to resolve a dispute without going to court. This can include mediation, arbitration, or other forms of negotiation. ADR can be used to resolve disputes over the ownership of a business, as well as disputes over the distribution of assets or the payment of debts.
Business succession law also involves the transfer of ownership of stocks and other publicly traded securities. This includes the transfer of ownership of stock in a publicly traded company, as well as the transfer of ownership of other securities such as bonds and mutual funds. The transfer of ownership of stocks and other securities must be done in accordance with the laws of the jurisdiction in which the securities are traded.
Business succession law also involves the transfer of ownership of life insurance policies. This includes the transfer of ownership of life insurance policies from the deceased owner to the beneficiaries of the policy. The transfer of ownership must be done in accordance with the laws of the jurisdiction in which the policy is issued.
Sometimes, business succession law is concerned with wills, intestacy, the granting of probate, alternative dispute resolution, lawsuits and the transfer of ownership of stocks and other publicly traded securities. This is why your business succession lawyer needs to know about estate planning, estate administration and probate.
In addition to legal services, lawyer Eveland also offers specialized services related to business succession planning, such as: powers of attorney, last wills and testaments, advanced health care directives, revocable living trusts, irrevocable trusts, and more. Our team of experienced attorneys and advisors can help business owners and families evaluate their options and develop a comprehensive succession plan that meets their needs. Our attorneys provide advice on the various options available and help owners and families identify key employees and successors. We also provide guidance on issues such as estate planning, stock ownership, tax planning, and insurance.
We understand the complexities of business succession planning and provide comprehensive legal services to help business owners and families achieve their goals for the future of their business. Our attorneys and advisors are experienced in handling a variety of business succession issues, from the transfer of ownership and control to the division of assets and liabilities, and can provide the advice and guidance needed to ensure the continuity of the business and the protection of the owners’ interests. With our comprehensive services, we can help business owners and families develop a comprehensive business succession plan that meets their needs and ensures a successful transition for the business.
When you need legal help with business succession law in Utah, call attorney Jeremy Eveland for a business succession consultation (801) 613-1472 today.
Utah
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This article is about the U.S. state. For other uses, see Utah (disambiguation).
Coordinates: 39°N 111°W
Utah
State
State of Utah
Flag of Utah
Flag
Official seal of Utah
Seal
Nickname(s): “Beehive State” (official), “The Mormon State”, “Deseret”
Motto: Industry
Anthem: “Utah…This Is the Place”
Map of the United States with Utah highlighted
Map of the United States with Utah highlighted
Country United States
Before statehood Utah Territory
Admitted to the Union January 4, 1896 (45th)
Capital
(and largest city) Salt Lake City
Largest metro and urban areas Salt Lake City
Government
• Governor Spencer Cox (R)
• Lieutenant Governor Deidre Henderson (R)
Legislature State Legislature
• Upper house State Senate
• Lower house House of Representatives
Judiciary Utah Supreme Court
U.S. senators Mike Lee (R)
Mitt Romney (R)
U.S. House delegation 1: Blake Moore (R)
2: Chris Stewart (R)
3: John Curtis (R)
4: Burgess Owens (R) (list)
Area
• Total 84,899 sq mi (219,887 km2)
• Land 82,144 sq mi (212,761 km2)
• Water 2,755 sq mi (7,136 km2) 3.25%
• Rank 13th
Dimensions
• Length 350 mi (560 km)
• Width 270 mi (435 km)
Elevation 6,100 ft (1,860 m)
Highest elevation (Kings Peak[1][2][a]) 13,534 ft (4,120.3 m)
Lowest elevation (Beaver Dam Wash at Arizona border[2][a][3]) 2,180 ft (664.4 m)
Population (2020)
• Total 3,271,616[4]
• Rank 30th
• Density 36.53/sq mi (14.12/km2)
• Rank 41st
• Median household income $60,365[5]
• Income rank 11th
Demonym Utahn or Utahan[6]
Language
• Official language English
Time zone UTC−07:00 (Mountain)
• Summer (DST) UTC−06:00 (MDT)
USPS abbreviation
UT
ISO 3166 code US-UT
Traditional abbreviation Ut.
Latitude 37° N to 42° N
Longitude 109°3′ W to 114°3′ W
Website utah.gov
Utah state symbols
Flag of Utah.svg
Flag of Utah
Seal of Utah.svg
Living insignia
Bird California gull
Fish Bonneville cutthroat trout[7]
Flower Sego lily
Grass Indian ricegrass
Mammal Rocky Mountain Elk
Reptile Gila monster
Tree Quaking aspen
Inanimate insignia
Dance Square dance
Dinosaur Utahraptor
Firearm Browning M1911
Fossil Allosaurus
Gemstone Topaz
Mineral Copper[7]
Rock Coal[7]
Tartan Utah State Centennial Tartan
State route marker
Utah state route marker
State quarter
Utah quarter dollar coin
Released in 2007
Lists of United States state symbols
Utah (/ˈjuːtɑː/ YOO-tah, /ˈjuːtɔː/ (listen) YOO-taw) is a state in the Mountain West subregion of the Western United States. Utah is a landlocked U.S. state bordered to its east by Colorado, to its northeast by Wyoming, to its north by Idaho, to its south by Arizona, and to its west by Nevada. Utah also touches a corner of New Mexico in the southeast. Of the fifty U.S. states, Utah is the 13th-largest by area; with a population over three million, it is the 30th-most-populous and 11th-least-densely populated. Urban development is mostly concentrated in two areas: the Wasatch Front in the north-central part of the state, which is home to roughly two-thirds of the population and includes the capital city, Salt Lake City; and Washington County in the southwest, with more than 180,000 residents.[8] Most of the western half of Utah lies in the Great Basin.
Utah has been inhabited for thousands of years by various indigenous groups such as the ancient Puebloans, Navajo and Ute. The Spanish were the first Europeans to arrive in the mid-16th century, though the region’s difficult geography and harsh climate made it a peripheral part of New Spain and later Mexico. Even while it was Mexican territory, many of Utah’s earliest settlers were American, particularly Mormons fleeing marginalization and persecution from the United States. Following the Mexican–American War in 1848, the region was annexed by the U.S., becoming part of the Utah Territory, which included what is now Colorado and Nevada. Disputes between the dominant Mormon community and the federal government delayed Utah’s admission as a state; only after the outlawing of polygamy was it admitted in 1896 as the 45th.
People from Utah are known as Utahns.[9] Slightly over half of all Utahns are Mormons, the vast majority of whom are members of the Church of Jesus Christ of Latter-day Saints (LDS Church), which has its world headquarters in Salt Lake City;[10] Utah is the only state where a majority of the population belongs to a single church.[11] The LDS Church greatly influences Utahn culture, politics, and daily life,[12] though since the 1990s the state has become more religiously diverse as well as secular.
Utah has a highly diversified economy, with major sectors including transportation, education, information technology and research, government services, mining, and tourism. Utah has been one of the fastest growing states since 2000,[13] with the 2020 U.S. census confirming the fastest population growth in the nation since 2010. St. George was the fastest-growing metropolitan area in the United States from 2000 to 2005.[14] Utah ranks among the overall best states in metrics such as healthcare, governance, education, and infrastructure.[15] It has the 14th-highest median average income and the least income inequality of any U.S. state. Over time and influenced by climate change, droughts in Utah have been increasing in frequency and severity,[16] putting a further strain on Utah’s water security and impacting the state’s economy.[17]
Salt Lake City is the capital and most populous city of Utah, United States. It is the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020, the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,746,164, making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin.
Do you need legal help with a succession plan for your business in West Valley City Utah? If you do, then you are at the right place. Attorney Jeremy Eveland helps businesses create succession plans for businesses and company owners in West Valley City UT. Call Jeremy Eveland today for your free business succession consultation at (801) 613-1472. Read this article for more information about business law.
Business succession involves transferring ownership, control, and management of a business from one generation to another. It can be accomplished through various methods such as stock transfers, wills, trusts, or other legal instruments. It is important to consult a lawyer or law firm to ensure that all necessary documents are prepared correctly. A will can outline how assets, including the option to purchase a business, should be distributed upon death. Life insurance policies and testamentary trusts can also be used for this purpose. An advanced directive, such as a living will, can provide instructions for health care decisions in case of incapacity, and personal liability protection can help protect family members from being held responsible for debts incurred by the deceased’s estate or business.
Proper business planning is essential for succession and includes creating employment contracts with key personnel who will take over management responsibilities, establishing retirement plans, purchasing appropriate insurance coverage, understanding intestacy laws (in case there is no valid will), and navigating probate proceedings if necessary. Finances must also be taken into account, including taxes on income generated by the company before its sale or transfer and any outstanding loans that need to be paid off at closing.
Succession planning requires careful consideration so that all parties involved feel secure about their future prospects within the organization when ownership changes hands, whether due to retirement, illness, disability, or death. This helps ensure continuity and financial stability during transition periods until new owners assume full responsibility for day-to-day operations.
Why Is Business Law So Important?
Business law is a section of code that is involved in protecting liberties and rights, maintaining orders, resolving disputes, and establishing standards for the business concerns and their dealings with government agencies and individuals. Every state defines its own set of regulations and laws for business organizations. Similarly, it is also the responsibility of the business concerns to know the existing rules and regulations applicable to them.
Importance of Business Law
Business law plays a vital role in regulating business practices in a country. Here are some points that prove why business law is so relevant:
Compensation Issues
Business law is essential to handle various compensation issues in an organization. A professional business attorney in Utah can help companies in settling issues related to compensation and salary management. It is the responsibility of the attorney to ensure that his or her client does not violate compensation and benefits laws at any cost. The consequences can be fatal in case of any discrepancies.
Safeguard the Rights of Shareholders
Business law plays a vital role when it comes to safeguarding the rights of a company’s shareholders. An experienced business law attorney can successfully handle such issues along with conflicts related to minority shareholders, constitutional documents, and resolution by arbitration, and more.
Business Formation
Business law plays the role of a foundation stone for any business concern. Establishing business includes a lot of legal processes, leasing, and permits. A business law attorney is well-versed with all the relevant regulations, and can help the concern establish its operations successfully.
What are the Functions of Business Law?
Every business concern, either large-scale or small-scale, is bound to comply with their respective legal regulations. Here are some significant functions of business law that can help you in understanding it better.
Includes laws related to business ethics, substantive law, procedural law, court system structure, and so on.
Business law entails the taxation system for different types of businesses.
The level of competition and antitrust are also involved.
Business law also includes regulations about employee rights and privileges, workplace safety, overtime rules, and minimum wages law.
It strives to alleviate the impact businesses have on the environment and nature. It aims to regulate pesticides, limit air and water pollution, chemical usage, and so on.
Business law determines the formal process of establishment of a business organization and regulations related to the selling of corporate entities.
It also includes rights assignment, drafting, and work delegations, breach of contract, transactions, contracts, and penalties for violation of the agreement.
Business law defines laws related to business partnerships, entities, sole proprietorships, liability companies, and corporations.
It describes laws related to business and real property.
Business law analyses the overall impact of computer technology on other business domains.
Includes laws related to bankruptcy and governance of the securities.
Purposes and Functions of Business Law
The purposes and functions of business law include maintaining order, protecting rights and liberties, establishing standards, and resolving disputes.3 min read
The purposes and functions of business law include maintaining order, protecting rights and liberties, establishing standards, and resolving disputes when it comes to businesses and their interactions with individuals, government agencies, and other businesses.
Purposes and Functions of Law
Establishing standards identifies what types of behavior are and are not accepted in society. For example, damage to person or property is considered a crime because it is not tolerated by society.
Maintaining order is necessary for a civilized society.
Resolving disputes allows for the mitigation of issues that arise between those with different wants, needs, views, and/or values. The court system is the formal legal method for resolving disputes and consists of both state and federal courts. Disputes can also be resolved through alternative dispute resolution, which are official but less formal methods such as mediation and arbitration.
Protecting liberties and rights ensures each individual is allowed his or her constitutional rights, including freedom of speech and so forth.
In addition to these four core functions, the law serves many other specialized functions.
Business Law Background
This practice area includes regulations and statutes related to businesses, individuals, and families in their roles as workers, citizens, and consumers. As business becomes increasingly globalized, the business laws of various governments and nations may be in conflict. It’s important for business owners to understand how business law impacts commerce both domestically and abroad.
Business law standards include having expectations for following laws of other countries, distinguishing between unethical and legal behavior, and establishing social responsibility as a cornerstone of global citizenship. Most recently, new areas of business law must navigate the effects of modern technology. In fact, computer law is even a subspecialty within business law because of its importance in this realm.
Functions of Commercial Law
Commercial law, a branch of civil law, comprises governance of commercial and business transactions in both the public and private realms. Areas of commercial law include land and sea transportation, agent and principal, merchant shipping, insurance, partnership, guarantees, corporate contracts, sale and manufacture of consumer goods, hiring practices, and bills of exchange.
Commercial law has developed substantially over the years, but in general, it is designed to allow those engaged in business flexibility to administer their business within legal guidelines. Legislation in this area is designed to promote free trade.
Reforms to the commercial code focus on identifying and correcting inconsistencies and gaps in the law. Courts can also look to other legal systems to find remedies to complex legal issues. For example, recent updates focus on the impact of technology on these areas and how it affects business dealings. However, more restrictive trade practices have also been introduced in the modern era.
Business Law and Peace of Mind for Entrepreneurs
Basically, business law is a set of guidelines that all businesses should consider to guarantee that business transactions are done fairly and with knowledge of what’s going on. Business law can help business owners avoid legal disputes or mishaps that might otherwise have happened without their knowledge and which could’ve been costly to the business owner in terms of time, money, and resources.
Business laws cover a wide range of topics such as hiring employees, protecting employees’ rights, business contracts, business property rights, business taxation, and business law in general.
Business Laws Protect You from Mistakes
We all make mistakes now and then. But when it comes to business law, the consequences can be especially devastating if you don’t know what you’re doing or are negligent about looking into your options before taking a particular step that might lead to major setbacks that could be detrimental to your business.
Business laws are a crucial part of running a successful business. It is important to understand the rules and regulations that govern your industry, as well as the legal consequences you could face if you do not adhere to them.
While it is easy to pay attention only when something goes wrong, taking time out for some self-education can help you avoid many costly mistakes in the future. The most effective way to learn about business law is by reading up on it yourself. However, there are also plenty of books and online resources available that provide valuable insight into this field without requiring too much effort from your end.
Consequences of Failing to Understand Business Laws
You’ve built a business, and you’re doing well. But are you aware of the laws that could protect your business from legal issues? The problem is that many entrepreneurs don’t have time to read about all the different rules in each country they operate in. That’s why it’s crucial for every entrepreneur to stay up-to-date with local regulations and understand how these rules can affect their businesses.
As an entrepreneur, you may not realize how many laws there are that protect you and your business. Many entrepreneurs aren’t aware of the laws in place to help them run their businesses legally and avoid legal issues. While this can be a good thing because it means less worry for you, it also means that some things could go wrong without your knowledge if someone else takes advantage of the situation.
The Importance of Getting to Know Business Laws More Intimately
In business, the more you know about business law and how it protects your business from possible issues, the better off you’ll be. Your business is likely subject to a number of different rules and regulations depending on the industry you belong to and what business structure you have.
The importance of understanding business law is often overlooked by business owners, but it shouldn’t be. Know your rights and what to do if something goes wrong with a client or supplier can help reduce future problems as well as the cost that will go into resolving those issues in court.
Learning more about business laws now may also help prevent major setbacks for your business in the future. A business law attorney can be of great assistance to a business owner. They are able to help explain the different aspects of business law and how they apply to your business. The more knowledgeable you are about business law, the more successful your business is going to be.
Effective succession or talent-pool management concerns itself with building a series of feeder groups up and down the entire leadership pipeline or progression.[6] In contrast, replacement planning is focused narrowly on identifying specific back-up candidates for given senior management positions. Thought should be given to the retention of key employees, and the consequences that the departure of key employees may have on the business.[7]
Fundamental to the succession-management process is an underlying philosophy that argues that top talent in the corporation must be managed for the greater good of the enterprise. Merck and other companies argue that a “talent mindset” must be part of the leadership culture for these practices to be effective.[8]
Organizations use succession planning as a process to ensure that employees are recruited and developed to fill each key role within the company. Through one’s succession-planning process, one recruits superior employees,[citation needed] develops their knowledge, skills, and abilities, and prepares them for advancement or promotion into ever more-challenging roles. Actively pursuing succession planning ensures that employees are constantly developed to fill each needed role. As one’s organization expands, loses key employees, provides promotional opportunities, or increases sales, one’s succession planning aims to ensure that one has employees on hand ready and waiting to fill new roles. Succession planning is one of important processes in leadership pipeline.
According to a 2006 Canadian Federation of Independent Business survey,[9] slightly more than one third of owners of independent businesses plan to exit their business within the next 5 years – and within the next 10 years two-thirds of owners plan to exit their business. The survey also found that Small and medium-sized enterprises (SMEs) are not adequately prepared for their business succession: only 10% of owners have a formal, written succession plan; 38% have an informal, unwritten plan; and the remaining 52% do not have any succession plan at all. A 2004 CIBC survey suggests that succession planning is increasingly becoming a critical issue. The CIBC estimated that by 2010, $1.2 trillion in business assets would be poised to change hands.[10]
Research indicates many succession-planning initiatives fall short of their intent.[11] “Bench strength”, as it is commonly called, remains a stubborn problem in many if not most companies. Studies indicate that companies that report the greatest gains from succession planning feature high ownership by the CEO and high degrees of engagement among the larger leadership team.[12]
Research indicates that clear objectives are critical to establishing effective succession planning.[12] These objectives tend to be core to many or most companies that have well-established practices:
Identify those with the potential to assume greater responsibility in the organization
Provide critical development experiences to those that can move into key roles
Engage the leadership in supporting the development of high-potential leaders
Build a database that can be used to make better staffing decisions for key jobs
In other companies these additional objectives may be embedded in the succession process:
Improve employee commitment and retention
Meet the career development expectations of existing employees
Counter the increasing difficulty and costs of recruiting employees externally
Companies devise elaborate models to characterize their succession and development practices. Most reflect a cyclical series of activities that include these fundamentals:
Identify key roles for succession or replacement planning
Define the competencies and motivational profile required to undertake those roles
Assess people against these criteria – with a future orientation
Identify pools of talent that could potentially fill and perform highly in key roles
Develop employees to be ready for advancement into key roles – primarily through the right set of experiences.
In many companies, over the past several years,[when?] the emphasis has shifted from planning job assignments to development, with much greater focus on managing key experiences that are critical to growing global-business leaders.[citation needed] North American companies tend to be more active in this regard, followed by European and Latin American countries.
PepsiCo, IBM and Nike provide current examples of the so-called “game-planning” approach to succession and talent management. In these and other companies annual reviews are supplemented with an ongoing series of discussions among senior leaders about who is ready to assume larger roles. Vacancies are anticipated and slates of names are prepared based on highest potential and readiness for job moves. Organization realignments are viewed as critical windows-of-opportunity to utilize development moves that will serve the greater good of the enterprise.
Assessment is a key practice in effective succession-planning. There is no widely accepted formula for evaluating the future potential of leaders, but many tools and approaches continue to be used today, ranging from personality and cognitive testing to team-based interviewing and simulations and other Assessment centre methods. Elliott Jaques and others have argued for the importance of focusing assessments narrowly on critical differentiators of future performance. Jaques developed a persuasive case for measuring candidates’ ability to manage complexity, formulating a robust operational definition of business intelligence.[13] The Cognitive Process Profile (CPP) psychometric is an example of a tool used in succession planning to measure candidates’ ability to manage complexity according to Jaques’ definition.
Companies struggle to find practices that are effective and practical. It is clear that leaders who rely on instinct and gut to make promotion decisions are often not effective.[citation needed] Research indicates that the most valid practices for assessment are those that involve multiple methods and especially multiple raters.[14][need quotation to verify] “Calibration meetings” composed of senior leaders can be quite effective in judging a slate of potential senior leaders with the right tools and facilitation.[citation needed]
With organisations facing increasing complexity and uncertainty in their operating environments some[quantify] suggest a move away from competence-based approaches.[15] In a future that is increasingly hard to predict leaders will need to see opportunity in volatility, spot patterns in complexity, find creative solutions to problems, keep in mind long-term strategic goals for the organisation and wider society, and hold onto uncertainty until the optimum time to make a decision.[citation needed]
Professionals in the field, including academics, consultants and corporate practitioners, have many strongly-held views on the topic. Best practice is a slippery concept in this field. There are many thought-pieces on the subject that readers may[original research?] find valuable, such as “Debunking 10 Top Talent Management Myths”, Talent Management Magazine, Doris Sims, December 2009. Research-based writing is more difficult to find. The Corporate Leadership Council, The Best Practice Institute (BPI) and the Center for Creative Leadership, as well as the Human Resources Planning Society, are sources of some effective research-based materials.
Over the years,[when?] organizations have changed their approach to succession planning. What used to be a rigid, confidential process of hand-picking executives to be company successors is now becoming a more fluid, transparent practice that identifies high-potential leaders and incorporates development programs preparing them for top positions.[16] As of 2017 corporations consider succession planning a part of a holistic strategy called “talent management”.[citation needed] According to the company PEMCO, “talent management is defined as the activities and processes throughout the employee life cycle: recruiting and hiring, Onboarding, training, professional development, performance management, workforce planning, leadership development, career development, cross-functional work assignments, succession planning, and the employee exit process”.[16] When managing internal talent, companies must “know whether the right people, are moving at the right pace into the right jobs at the right time”.[17] An effective succession-planning strategy, coupled with solid career-development programs, will help paint a more promising future for employees.[citation needed]
A substantial body of literature discusses succession planning. The first book that addressed the topic fully was “Executive Continuity” by Walter Mahler. Mahler was responsible in the 1970s for helping to shape the General Electric succession process which became the gold standard of corporate practice. Mahler, who was heavily influenced by Peter Drucker, wrote three other books on the subject of succession, all of which are out of print. His colleagues, Steve Drotter and Greg Kesler,[12] as well as others, expanded on Mahler’s work in their writings. “The Leadership Pipeline: How to Build the Leadership Powered Company”, by Charan, Drotter and Noel is noteworthy.[6][need quotation to verify] A new edited collection of materials, edited by Marshall Goldsmith, describes many contemporary examples in large companies.[18]
Most large corporations assign a process owner for talent and succession management. Resourcing of the work varies widely – from numbers of highly dedicated internal consultants to limited professional support embedded in the roles of human-resources generalists. Often these staff resources are separate from external staffing or recruiting functions. As of 2017 some companies seek to integrate internal and external staffing. Others are more inclined to integrate succession management with the performance management process in order simplify the work for line managers.
A prior preparation needs to be done for the replacement of a CEO in family firms.[citation needed] The role of advisors is important as they help with the transition of leadership between the current-generation leaders and the successors.[citation needed] Advisors help family-owned businesses establish their own leadership skills. This process is relatively long if the successors want to be accepted by all employees. They need to take higher managing positions gradually to be respected. During this process, the successors are asked to develop different skills such as leadership. This is where the role of advisors fully exemplifies its importance. It is when the managing position is shared between the first-generation leader, the second and the advisors. An advisor helps with communication because emotional factors between family members can badly affect the company. The advisors help manage everything during a predetermined period of time and make the succession process less painful and eventful for everybody. In these cases, an interim leadership is usually what is best for the company. The employees can get accustomed to changes while getting to know the future CEO.[19][20]
With the global proliferation of SMEs, issues of business succession and continuity have become increasingly common. When the owner of a business becomes incapacitated or passes away, it is often necessary to shut down an otherwise healthy business. Or in many instances, successors inherit a healthy business, which is forced into bankruptcy because of lack of available liquidity to pay inheritance taxes and other taxes. Proper planning helps avoid many of the problems associated with succession and transfer of ownership.
Business Exit Planning is a body of knowledge which began developing in the United States towards the end of the 20th century[citation needed], and is now spreading globally. A Business Exit Planning exercise begins with the shareholder(s) of a company defining their objectives with respect to an eventual exit, and then executing their plan, as the following definition suggests:
Business Exit Planning is the process of explicitly defining exit-related objectives for the owner(s) of a business, followed by the design of a comprehensive strategy and road map that take into account all personal, business, financial, legal, and taxation aspects of achieving those objectives, usually in the context of planning the leadership succession and continuity of a business. Objectives may include maximizing (or setting a goal for) proceeds, minimizing risk, closing a Transaction quickly, or selecting an investor that will ensure that the business prospers. The strategy should also take into account contingencies such as illness or death.[21]
All personal, financial, and business aspects should be taken into consideration. This is also a good time to plan an efficient transfer from the point of view of possibly applicable estate taxes, capital gains taxes, or other taxes.
Sale of a business is not the only form of exit. Forms of exit may also include initial public offering, management buyout, passing on the firm to next-of-kin, or even bankruptcy. Bringing on board financial strategic or financial partners may also be considered a form of exit, to the extent that it may help ensure succession and survival of the business.
In developed countries, the so-called “baby boomer” demographic wave is now reaching the stage where serious consideration needs to be given to exit. Hence, the importance of Business Exit Planning is expected to further increase in the coming years.
Small business succession tends to focus on how a business will continue to operate once its founder or initial leadership team retires or otherwise leaves the business. While small businesses on the whole often fail after the departure of their initial leadership team, succession planning can result in significantly improved chances for a business’s continuation.[22]
Within the context of succession planning, where a small business is owned by a group of managers or partners, thought should be given to the transition of the business to the partners, how departure from a business will be managed, and how shares or ownership interest will be valued for purposes of sale or buy-out.[23]
When succession occurs within a company’s hierarchy, succession plans should consider issues that may arise relating to retention of the intended successor, the possibility of jealousy by other employees, and how other employees will respond when they learn of the succession plan.[23] Additional issues are likely to arise if succession is to a family member,[24] particularly if more than one child of the managing owner works for the business or if siblings who do not work for the business will gain shares without having invested time and energy in the business.[23]
Small businesses and perhaps especially family businesses benefit from creating a disciplined succession process, involving,
Discussion and commitment by the shareholders;
Careful candidate selection; and
Integration and development of the selected successor.[22]
No part of the process should be rushed, with the integration process being expected to take roughly two years.[22]
Succession planning is a process and strategy for replacement planning or passing on leadership roles. It is used to identify and develop new, potential leaders who can move into leadership roles when they become vacant.[1][2] Succession planning in dictatorships, monarchies, politics, and international relations is used to ensure continuity and prevention of power struggle.[3][4] Within monarchies succession is settled by the order of succession.[3] In business, succession planning entails developing internal people with managing or leadership potential to fill key hierarchical positions in the company. It is a process of identifying critical roles in a company and the core skills associated with those roles, and then identifying possible internal candidates to assume those roles when they become vacant.[2] Succession planning also applies to small and family businesses (including farms and agriculture) where it is the process used to transition the ownership and management of a business to the next generation.[5]
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Do you need a Business Succession Lawyer in Salt Lake City Utah? If you do, then you are at the right place. Attorney Jeremy Eveland helps businesses create succession plans. Call Jeremy Eveland today for your free business succession consultation (801) 613-1472.
Succession planning typically involves identifying the key roles and responsibilities of the business owner and planning for their transition to a successor. This can involve developing a plan for the transfer of ownership and control of the business, as well as developing a plan for the transition of key roles and responsibilities to the successor. This could include training, mentoring, and support for the new owner.
Succession planning also involves developing a plan for the financial security of the business. This could involve setting up a trust fund or other financial vehicles to ensure that the business is financially secure and that the successor has access to the necessary funds needed to manage and grow the business.
Business succession is an important part of any business and is essential for the continued success and growth of the business. Proper succession planning can help ensure that the business is able to continue to thrive and provide the necessary resources and support for the successor.
Why put much stock in business advice?
Each and every one of these entrepreneurs sharing their business advice with you have had their own unique journey to building a successful business. They are all different. Some came from backgrounds of wealth and influential connections, while others have built empires starting truly from nothing. Don’t take the business advice you hear as gospel to be followed word-for-word. Rather, use it as a tool to inform your big decisions and major strategic moves within your own business.
Here is some actual advice:
The best businesses come from people’s bad personal experiences. If you just keep your eyes open, you’re going to find something that frustrates you, and then you think, ‘well I could maybe do it better than it’s being done,’ and there you have a business. If you can change people’s lives, you have a business.” People think, ‘well everything’s been thought of,’ but actually, all of the time, there are gaps in the market here and gaps in the market there.”
If you are going to start a business, you need to really love it, because not everybody is going to love it. “You have to really believe in your product to deal with the naysayers and persevere and when you really believe in your product, you are willing to deal with all the naysayers and persevere.”
Choose something that you both love and are good at doing. Then, taking that first step is always the hardest. It’s terrifying, but really, it’s about preparation. We all go through this process where you’ve got the business idea, you get that feeling in your stomach and you get all excited. Then you talk to a friend, and your friend says, ‘oh wow that’s pretty cool, I’ve never heard of anything like that. I would buy that.’ And then you do the Google search. The first thing is that just because you don’t see it on Google, doesn’t mean one hundred companies haven’t gone out of business doing the same thing. It hasn’t been done for a reason, because every company that’s tried it, has gone out of business.
You have 90 seconds, if you’re lucky. If you can’t make your point persuasively in that time, you’ve lost the chance for impact. Facts and figures are important, but it’s not the only criteria, you must present in a manner that generates expertise and confidence. “You have 90sec to make an impact in your pitch. Show expertise and confidence.” If you’re not prepared to make your pitch, you may just miss your next big opportunity.
Don’t give up, don’t take anything personally, and don’t take no for an answer; you never know what you’re going to learn along the way. “The people who told me no, were the people that eventually told me yes; so don’t forget it.”
The most painful mistake in first-time entrepreneurs is thinking that just having a business plan or a great concept is enough to guarantee success. It’s not. Business success is 80% psychology and 20% mechanics. And, frankly, most people’s psychology is not meant for building a business. “Think honestly about who you are, what you want to accomplish, and what mindset you need to have to get there. Because the biggest thing that will hold you back is your own nature. Few people are natural risk-takers or emotionally ready for the challenges of building a business. You can’t just sign up for a marathon and run it without ever training. You have to increase your capacity and become fit. Being an entrepreneur requires similar kinds of emotional and psychological fitness so that you don’t become the chokehold on your business’s success.”
You’re the average of the 5 people you associate with most. “Choose friends wisely. “It is also said that ‘your network is your net worth.’ These two work well together.”
Focus on the prototype. Don’t focus on your pitch deck, business plan or financial projections. “If you get a prototype out and you get enough people using it, you never have to write a business plan, do a forecast or do anything like that. A prototype is where you separate the BS from the reality.”
Start now, you don’t need funding. Watch out for when you want to do something big, but say you can’t until you raise money to fund the idea. It usually means you are more in love with the idea of being big than with actually doing something useful. “For an idea to be big, it has to be useful and being useful doesn’t need funding.” If you want to be useful, you can always start right now with just 1% of what you have in your grand vision. It will be a humble prototype of your grand vision, but you will be in the game. You’ll be ahead of the rest because you actually started, when others waited for the finish line to magically appear at the starting line.
The easiest way to tell if someone is a first-time entrepreneur is when they are secretive about their ideas. Real entrepreneurs know good ideas are cheap and that success comes from hard work, not a stroke of genius. The other big mistake entrepreneurs make is building a product for a customer they don’t know well. That’s why entrepreneurs should build a product for themselves, at least that way you ensure you have built something for a user you know intimately. All of the great tech companies of the past decade–Facebook, Twitter, Slack, Snapchat–were built by founders who were making products they wanted to use.
They wait to get started. They wait until they have more information, more experience, more, more money, and a more perfect version of whatever they have created. “The best way to learn is by doing. Stop waiting and bring your ideas to life today.” All that waiting means they are not really learning. When you are an entrepreneur, the best way to learn is to do something, to put your idea into someone’s hands, or to talk to the people you want to serve. Stop waiting and do something.
Scratch your own itch. Go after solving a problem that you have. Something that’s near and dear to you, not some random market opportunity. “Because, when things get hard, if you are chasing just the dollars, or a random market opportunity, you are not going to be able to have the fortitude, the passion, to stay with it.”
Don’t waste time or spend money on non-core issues when starting a business. In fact, don’t spend any money until you make some.
One of the most painful and common mistakes first-time entrepreneurs make is that they fall in love with their own business idea. They will spend months building what they believe to be the next innovative, disruptive, game-changing startup. Then they launch… and nobody buys, nobody cares, nothing happens. “Don’t fall in love with your idea, fall in love with the problem you’re solving and validate your business idea early on that it is a problem worth solving.”
There is no path! Another big mistake first-time entrepreneurs make is they desperately want a structured business plan and direct path. “Don’t plan everything! Listen to your customers and make changes as needed.” One of the most important things about starting a business is being flexible. Listening to customers, watching data and making iterations and changes as needed. Sometimes having a path or a rigid business plan can limit you. Think of your business like a meadow not a path, just play!
Perfectionism cripples a lot of entrepreneurs. They won’t launch their site or put their product up for sale until they think it’s perfect, which is a big waste of time. It’s never going to be perfect. “Don’t let perfectionism cripple you. Launch as soon as possible and adapt.” Pitch your product or service as soon as you have the bare bones of it put together. This will give you valuable feedback about whether your market really wants it. You can polish it later.”
Being an entrepreneur takes hustle. And here’s the problem: Sometimes we think hustle is about becoming a workaholic or adding a lot of stuff to our lives. “Hustle the right way. It’s not about doing more, it’s about doing what you need to do.” Hustle is an act of focus, not frenzy. Hustle is about subtraction and addition. It’s not about doing more, it’s about focusing on the things that you need to do, in order to move your business forward.
Perfect is a curse. Innovation is messy. Test, learn, and improve. Often new entrepreneurs wait too long to put their product out in the market. With limited resources at hand, it is crucial that you get an MVP out as soon as possible and start getting traction. Take the user’s feedback to iterate and improve your products. “Not launching fast enough is a mistake you simply can’t afford to make. If you want to get an edge over others, launch now!”
The most painful mistake entrepreneurs make is copying or doing the same things that successful entrepreneurs have done, expecting similar results. What first-time entrepreneurs don’t realize is that the world is not a vacuum and there’s more going on behind the scenes than it appears. There’s much more effort that has gone into creating the success they see on the surface, and there’s no guarantee that a particular tactic or strategy will be successful for everyone. “First time entrepreneurs should not get caught up in the glamour and don’t take things for face value. Rather, use these successes you read about as inspiration for what you can do too. Set more realistic blogging goals and forget about ‘going viral’ or trying to be like someone else.”
Most people start out with completely unrealistic expectations of what level of effort is required and how long it takes to get a business off the ground. They are easily discouraged and give up way too soon. I blame it on wishful thinking. “There’s no guarantee in business. Approach it with humility, grit and determination.” The reality is that there is no way to know how long it will take or whether it will work at all. So approach it with humility, grit and a willingness to do whatever it takes to succeed, even if that means you have to work really hard for a long time.
Wills are written documents that outline how assets should be distributed upon death. This can include the option to purchase a business that has not been sold before the owner’s death. Life insurance policies and testamentary trusts, which allow for tax-free distributions after death, can also be used for this purpose. An advanced directive, such as a living will, can provide instructions for health care decisions in the event of incapacity, while personal liability protection can help protect family members from being held responsible for debts incurred by the deceased’s estate or business operations.
Effective business succession planning involves creating employment contracts with key personnel who will take over management responsibilities, establishing retirement plans, purchasing appropriate insurance coverage, understanding intestacy laws (in the absence of a valid will), and navigating probate proceedings if necessary. Financial considerations, including taxes on income generated by the company before its sale or transfer and outstanding loans that need to be paid off at closing, must also be taken into account.
Succession planning is important to ensure that all parties involved feel secure about their future prospects within the organization once ownership changes hands, whether due to retirement, illness, disability, or death. It is essential to ensure continuity and financial stability throughout the transition period until new owners fully assume responsibility for daily operation
Attorney Jeremy D. Eveland, MBA, JD is an attorney licensed to practice law in Utah only. This is not legal advice. If you need actual legal advice for your situation you need to speak with a lawyer licensed in your jurisdiction and who understands and goes over the particular facts of your case. Facts matter. If you have questions about Business Succession in Salt Lake City Utah, call Mr. Eveland for a free consultation (801) 613-1472.
Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the capital and most populous city of Utah, as well as the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020,[10] the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,606,548 (as of 2018 estimates),[11] making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin (the other being Reno, Nevada).
Salt Lake City was founded July 24, 1847, by early pioneer settlers, led by Brigham Young, who were seeking to escape persecution they had experienced while living farther east. The Mormon pioneers, as they would come to be known, entered a semi-arid valley and immediately began planning and building an extensive irrigation network which could feed the population and foster future growth. Salt Lake City’s street grid system is based on a standard compass grid plan, with the southeast corner of Temple Square (the area containing the Salt Lake Temple in downtown Salt Lake City) serving as the origin of the Salt Lake meridian. Owing to its proximity to the Great Salt Lake, the city was originally named Great Salt Lake City. In 1868, the word “Great” was dropped from the city’s name.[12]
Salt Lake City has developed a strong tourist industry based primarily on skiing and outdoor recreation. It hosted the 2002 Winter Olympics. It is known for its politically progressive and diverse culture, which stands at contrast with the rest of the state’s conservative leanings.[13] It is home to a significant LGBT community and hosts the annual Utah Pride Festival.[14] It is the industrial banking center of the United States.[15] Salt Lake City and the surrounding area are also the location of several institutions of higher education including the state’s flagship research school, the University of Utah. Sustained drought in Utah has more recently strained Salt Lake City’s water security and caused the Great Salt Lake level drop to record low levels,[16][17] and impacting the state’s economy, of which the Wasatch Front area anchored by Salt Lake City constitutes 80%.[18]
Salt Lake City is the capital and most populous city of Utah, United States. It is the seat of Salt Lake County, the most populous county in Utah. With a population of 200,133 in 2020, the city is the core of the Salt Lake City metropolitan area, which had a population of 1,257,936 at the 2020 census. Salt Lake City is further situated within a larger metropolis known as the Salt Lake City–Ogden–Provo Combined Statistical Area, a corridor of contiguous urban and suburban development stretched along a 120-mile (190 km) segment of the Wasatch Front, comprising a population of 2,746,164, making it the 22nd largest in the nation. It is also the central core of the larger of only two major urban areas located within the Great Basin.
Effective succession or talent-pool management concerns itself with building a series of feeder groups up and down the entire leadership pipeline or progression.[6] In contrast, replacement planning is focused narrowly on identifying specific back-up candidates for given senior management positions. Thought should be given to the retention of key employees, and the consequences that the departure of key employees may have on the business.[7]
Fundamental to the succession-management process is an underlying philosophy that argues that top talent in the corporation must be managed for the greater good of the enterprise. Merck and other companies argue that a “talent mindset” must be part of the leadership culture for these practices to be effective.[8]
Organizations use succession planning as a process to ensure that employees are recruited and developed to fill each key role within the company. Through one’s succession-planning process, one recruits superior employees,[citation needed] develops their knowledge, skills, and abilities, and prepares them for advancement or promotion into ever more-challenging roles. Actively pursuing succession planning ensures that employees are constantly developed to fill each needed role. As one’s organization expands, loses key employees, provides promotional opportunities, or increases sales, one’s succession planning aims to ensure that one has employees on hand ready and waiting to fill new roles. Succession planning is one of important processes in leadership pipeline.
According to a 2006 Canadian Federation of Independent Business survey,[9] slightly more than one third of owners of independent businesses plan to exit their business within the next 5 years – and within the next 10 years two-thirds of owners plan to exit their business. The survey also found that Small and medium-sized enterprises (SMEs) are not adequately prepared for their business succession: only 10% of owners have a formal, written succession plan; 38% have an informal, unwritten plan; and the remaining 52% do not have any succession plan at all. A 2004 CIBC survey suggests that succession planning is increasingly becoming a critical issue. The CIBC estimated that by 2010, $1.2 trillion in business assets would be poised to change hands.[10]
Research indicates many succession-planning initiatives fall short of their intent.[11] “Bench strength”, as it is commonly called, remains a stubborn problem in many if not most companies. Studies indicate that companies that report the greatest gains from succession planning feature high ownership by the CEO and high degrees of engagement among the larger leadership team.[12]
Research indicates that clear objectives are critical to establishing effective succession planning.[12] These objectives tend to be core to many or most companies that have well-established practices:
Identify those with the potential to assume greater responsibility in the organization
Provide critical development experiences to those that can move into key roles
Engage the leadership in supporting the development of high-potential leaders
Build a database that can be used to make better staffing decisions for key jobs
In other companies these additional objectives may be embedded in the succession process:
Improve employee commitment and retention
Meet the career development expectations of existing employees
Counter the increasing difficulty and costs of recruiting employees externally
Companies devise elaborate models to characterize their succession and development practices. Most reflect a cyclical series of activities that include these fundamentals:
Identify key roles for succession or replacement planning
Define the competencies and motivational profile required to undertake those roles
Assess people against these criteria – with a future orientation
Identify pools of talent that could potentially fill and perform highly in key roles
Develop employees to be ready for advancement into key roles – primarily through the right set of experiences.
In many companies, over the past several years,[when?] the emphasis has shifted from planning job assignments to development, with much greater focus on managing key experiences that are critical to growing global-business leaders.[citation needed] North American companies tend to be more active in this regard, followed by European and Latin American countries.
PepsiCo, IBM and Nike provide current examples of the so-called “game-planning” approach to succession and talent management. In these and other companies annual reviews are supplemented with an ongoing series of discussions among senior leaders about who is ready to assume larger roles. Vacancies are anticipated and slates of names are prepared based on highest potential and readiness for job moves. Organization realignments are viewed as critical windows-of-opportunity to utilize development moves that will serve the greater good of the enterprise.
Assessment is a key practice in effective succession-planning. There is no widely accepted formula for evaluating the future potential of leaders, but many tools and approaches continue to be used today, ranging from personality and cognitive testing to team-based interviewing and simulations and other Assessment centre methods. Elliott Jaques and others have argued for the importance of focusing assessments narrowly on critical differentiators of future performance. Jaques developed a persuasive case for measuring candidates’ ability to manage complexity, formulating a robust operational definition of business intelligence.[13] The Cognitive Process Profile (CPP) psychometric is an example of a tool used in succession planning to measure candidates’ ability to manage complexity according to Jaques’ definition.
Companies struggle to find practices that are effective and practical. It is clear that leaders who rely on instinct and gut to make promotion decisions are often not effective.[citation needed] Research indicates that the most valid practices for assessment are those that involve multiple methods and especially multiple raters.[14][need quotation to verify] “Calibration meetings” composed of senior leaders can be quite effective in judging a slate of potential senior leaders with the right tools and facilitation.[citation needed]
With organisations facing increasing complexity and uncertainty in their operating environments some[quantify] suggest a move away from competence-based approaches.[15] In a future that is increasingly hard to predict leaders will need to see opportunity in volatility, spot patterns in complexity, find creative solutions to problems, keep in mind long-term strategic goals for the organisation and wider society, and hold onto uncertainty until the optimum time to make a decision.[citation needed]
Professionals in the field, including academics, consultants and corporate practitioners, have many strongly-held views on the topic. Best practice is a slippery concept in this field. There are many thought-pieces on the subject that readers may[original research?] find valuable, such as “Debunking 10 Top Talent Management Myths”, Talent Management Magazine, Doris Sims, December 2009. Research-based writing is more difficult to find. The Corporate Leadership Council, The Best Practice Institute (BPI) and the Center for Creative Leadership, as well as the Human Resources Planning Society, are sources of some effective research-based materials.
Over the years,[when?] organizations have changed their approach to succession planning. What used to be a rigid, confidential process of hand-picking executives to be company successors is now becoming a more fluid, transparent practice that identifies high-potential leaders and incorporates development programs preparing them for top positions.[16] As of 2017 corporations consider succession planning a part of a holistic strategy called “talent management”.[citation needed] According to the company PEMCO, “talent management is defined as the activities and processes throughout the employee life cycle: recruiting and hiring, Onboarding, training, professional development, performance management, workforce planning, leadership development, career development, cross-functional work assignments, succession planning, and the employee exit process”.[16] When managing internal talent, companies must “know whether the right people, are moving at the right pace into the right jobs at the right time”.[17] An effective succession-planning strategy, coupled with solid career-development programs, will help paint a more promising future for employees.[citation needed]
A substantial body of literature discusses succession planning. The first book that addressed the topic fully was “Executive Continuity” by Walter Mahler. Mahler was responsible in the 1970s for helping to shape the General Electric succession process which became the gold standard of corporate practice. Mahler, who was heavily influenced by Peter Drucker, wrote three other books on the subject of succession, all of which are out of print. His colleagues, Steve Drotter and Greg Kesler,[12] as well as others, expanded on Mahler’s work in their writings. “The Leadership Pipeline: How to Build the Leadership Powered Company”, by Charan, Drotter and Noel is noteworthy.[6][need quotation to verify] A new edited collection of materials, edited by Marshall Goldsmith, describes many contemporary examples in large companies.[18]
Most large corporations assign a process owner for talent and succession management. Resourcing of the work varies widely – from numbers of highly dedicated internal consultants to limited professional support embedded in the roles of human-resources generalists. Often these staff resources are separate from external staffing or recruiting functions. As of 2017 some companies seek to integrate internal and external staffing. Others are more inclined to integrate succession management with the performance management process in order simplify the work for line managers.
A prior preparation needs to be done for the replacement of a CEO in family firms.[citation needed] The role of advisors is important as they help with the transition of leadership between the current-generation leaders and the successors.[citation needed] Advisors help family-owned businesses establish their own leadership skills. This process is relatively long if the successors want to be accepted by all employees. They need to take higher managing positions gradually to be respected. During this process, the successors are asked to develop different skills such as leadership. This is where the role of advisors fully exemplifies its importance. It is when the managing position is shared between the first-generation leader, the second and the advisors. An advisor helps with communication because emotional factors between family members can badly affect the company. The advisors help manage everything during a predetermined period of time and make the succession process less painful and eventful for everybody. In these cases, an interim leadership is usually what is best for the company. The employees can get accustomed to changes while getting to know the future CEO.[19][20]
With the global proliferation of SMEs, issues of business succession and continuity have become increasingly common. When the owner of a business becomes incapacitated or passes away, it is often necessary to shut down an otherwise healthy business. Or in many instances, successors inherit a healthy business, which is forced into bankruptcy because of lack of available liquidity to pay inheritance taxes and other taxes. Proper planning helps avoid many of the problems associated with succession and transfer of ownership.
Business Exit Planning is a body of knowledge which began developing in the United States towards the end of the 20th century[citation needed], and is now spreading globally. A Business Exit Planning exercise begins with the shareholder(s) of a company defining their objectives with respect to an eventual exit, and then executing their plan, as the following definition suggests:
Business Exit Planning is the process of explicitly defining exit-related objectives for the owner(s) of a business, followed by the design of a comprehensive strategy and road map that take into account all personal, business, financial, legal, and taxation aspects of achieving those objectives, usually in the context of planning the leadership succession and continuity of a business. Objectives may include maximizing (or setting a goal for) proceeds, minimizing risk, closing a Transaction quickly, or selecting an investor that will ensure that the business prospers. The strategy should also take into account contingencies such as illness or death.[21]
All personal, financial, and business aspects should be taken into consideration. This is also a good time to plan an efficient transfer from the point of view of possibly applicable estate taxes, capital gains taxes, or other taxes.
Sale of a business is not the only form of exit. Forms of exit may also include initial public offering, management buyout, passing on the firm to next-of-kin, or even bankruptcy. Bringing on board financial strategic or financial partners may also be considered a form of exit, to the extent that it may help ensure succession and survival of the business.
In developed countries, the so-called “baby boomer” demographic wave is now reaching the stage where serious consideration needs to be given to exit. Hence, the importance of Business Exit Planning is expected to further increase in the coming years.
Small business succession tends to focus on how a business will continue to operate once its founder or initial leadership team retires or otherwise leaves the business. While small businesses on the whole often fail after the departure of their initial leadership team, succession planning can result in significantly improved chances for a business’s continuation.[22]
Within the context of succession planning, where a small business is owned by a group of managers or partners, thought should be given to the transition of the business to the partners, how departure from a business will be managed, and how shares or ownership interest will be valued for purposes of sale or buy-out.[23]
When succession occurs within a company’s hierarchy, succession plans should consider issues that may arise relating to retention of the intended successor, the possibility of jealousy by other employees, and how other employees will respond when they learn of the succession plan.[23] Additional issues are likely to arise if succession is to a family member,[24] particularly if more than one child of the managing owner works for the business or if siblings who do not work for the business will gain shares without having invested time and energy in the business.[23]
Small businesses and perhaps especially family businesses benefit from creating a disciplined succession process, involving,
Discussion and commitment by the shareholders;
Careful candidate selection; and
Integration and development of the selected successor.[22]
No part of the process should be rushed, with the integration process being expected to take roughly two years.[22]
Succession planning is a process and strategy for replacement planning or passing on leadership roles. It is used to identify and develop new, potential leaders who can move into leadership roles when they become vacant.[1][2] Succession planning in dictatorships, monarchies, politics, and international relations is used to ensure continuity and prevention of power struggle.[3][4] Within monarchies succession is settled by the order of succession.[3] In business, succession planning entails developing internal people with managing or leadership potential to fill key hierarchical positions in the company. It is a process of identifying critical roles in a company and the core skills associated with those roles, and then identifying possible internal candidates to assume those roles when they become vacant.[2] Succession planning also applies to small and family businesses (including farms and agriculture) where it is the process used to transition the ownership and management of a business to the next generation.[5]
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