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Business Lawyer Bluffdale Utah

Business Lawyer Bluffdale Utah

Are you ready to take your business in Bluffdale, Utah to the next level? Don't let legal issues hold you back. With a reliable and experienced business lawyer by your side, you can navigate the complex world of business law with confidence. From contract disputes to intellectual property protection, they've got you covered. In this article, we'll show you how to choose the right business lawyer for your needs and explore the valuable services they provide. So sit tight and get ready to unleash your business's full potential!

Key Takeaways

Overview of Business Law in Bluffdale, Utah

Business law in Bluffdale, Utah covers various legal aspects of running a business. When starting a business in Bluffdale, it is important to familiarize yourself with the local regulations and laws to ensure compliance and avoid any legal issues that may arise. Hiring a business lawyer in Bluffdale, Utah can provide you with the necessary guidance and expertise to navigate through the complexities of business law.

Bluffdale's business law encompasses a wide range of areas, including contract law, employment law, intellectual property rights, and real estate transactions. A knowledgeable attorney specializing in business law will be well-versed in these areas and can help protect your interests as a business owner.

One crucial aspect that falls under the purview of business law is property rights. Whether you are leasing or purchasing commercial space for your business, understanding property laws specific to Bluffdale is essential. A skilled attorney can assist you in reviewing lease agreements or purchase contracts to ensure that your rights as a tenant or buyer are protected.

Additionally, hiring an attorney who specializes in business law can be beneficial when dealing with employment matters. They can help draft employee contracts that comply with state and federal regulations, establish policies regarding employee benefits and compensation, and handle disputes such as wrongful termination claims.

Importance of Hiring a Business Lawyer

When it comes to the importance of hiring a legal professional for your company, you can't afford to overlook the expertise and guidance they provide. A business lawyer in Bluffdale, Utah can be an invaluable asset to your organization. They have specialized knowledge in various areas of business law and can help you navigate through complex legal issues that may arise. Let's take a closer look at why hiring a business lawyer is so crucial:

Reasons to Hire a Business Lawyer Benefits
Expertise in Business Law A business lawyer has extensive knowledge and experience in all aspects of business law. They are familiar with local regulations and can ensure that your company stays compliant with all legal requirements.
Protection from Legal Risks By having a business lawyer on board, you minimize the risk of potential legal disputes or lawsuits. They can review contracts, negotiate deals, and provide advice on how to protect your interests effectively.
Guidance in Decision-Making When making significant business decisions, having a legal professional by your side can provide valuable insights and perspective. They can help you assess potential risks and advise on the best course of action.

By recognizing the importance of hiring a business lawyer for your company in Bluffdale, Utah, you are taking proactive steps towards protecting your organization's interests and ensuring its long-term success.

Now let's explore some common legal issues faced by businesses in Bluffdale without further ado…

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To effectively navigate common legal issues in your organization, it's important to be aware of potential risks and seek guidance from professionals. In Bluffdale, Utah, businesses face various legal challenges that require the expertise of a business lawyer. From obtaining a business license to dealing with contract disputes, having a knowledgeable attorney by your side is crucial.

One of the most common legal issues faced by businesses in Bluffdale is obtaining a business license. Whether you're starting a new venture or expanding an existing one, you'll need to comply with local regulations and obtain the necessary licenses and permits. A business lawyer can guide you through this process, ensuring all requirements are met and helping you avoid any penalties or delays.

Another common issue is contract disputes. Businesses enter into contracts on a regular basis, whether it's with clients, suppliers, or employees. Unfortunately, disagreements can arise that may result in lawsuits or financial losses. Having a skilled business lawyer on your side can help protect your interests during contract negotiations and provide valuable advice if disputes arise.

When facing legal issues in Bluffdale, it's essential to choose the right business lawyer for your needs. You want someone who understands the local laws and has experience working with businesses similar to yours. Look for a reputable law firm that specializes in business law and has positive reviews from past clients.

By being proactive and seeking guidance from a reliable business lawyer in Bluffdale, you can effectively navigate common legal issues faced by businesses in the area while protecting your organization's interests.

In order to ensure smooth sailing through the complex world of law…

How to Choose the Right Business Lawyer in Bluffdale

By considering their expertise, experience, and local knowledge, you can choose the right attorney to navigate legal issues faced by businesses in Bluffdale. When it comes to finding a business lawyer in Bluffdale, Utah, there are several factors to take into account. To help you make an informed decision, here is a list of considerations:

Expertise Experience Local Knowledge
Look for a lawyer who specializes in business law and has extensive knowledge in areas such as contracts, intellectual property rights, employment law, and commercial litigation. Choose an attorney with years of experience representing businesses similar to yours. They should have a track record of success in handling cases relevant to your industry or sector. Opt for a lawyer who is familiar with the local laws and regulations specific to Bluffdale. They should understand the unique challenges that businesses face in this area.

When selecting a business lawyer in Bluffdale, it's important to find someone who not only possesses the necessary expertise but also aligns with your goals and values as a company. Take the time to meet with potential attorneys and discuss your needs and expectations.

Transitioning into the subsequent section about 'services offered by business lawyers in bluffdale':

Once you have chosen the right attorney for your business, you can benefit from a range of services they offer. From drafting contracts and agreements to providing legal advice on day-to-day operations or representing you in court if necessary, these professionals will be there to support you every step of the way.

Services Offered by Business Lawyers in Bluffdale

Once you've selected the right attorney, they can provide a range of services to assist you with your business needs. A business lawyer in Bluffdale, Utah offers various services that can help safeguard and grow your business. Here are some key services offered by business lawyers in Bluffdale:

  • Legal Consultations: Your attorney will take the time to understand your unique business requirements and goals. They will offer professional advice tailored to your specific situation, ensuring that you make informed decisions.

  • Contract Review and Drafting: Business lawyers have expertise in contract law and can review existing contracts or draft new ones for your company. They ensure that all legal terms are properly outlined to protect your interests.

  • Business Formation: If you're starting a new venture, a lawyer can guide you through the process of forming a legal entity such as an LLC or corporation. They handle all the necessary paperwork and ensure compliance with state laws.

  • Intellectual Property Protection: Intellectual property is vital for many businesses. Lawyers can assist with trademark registration, copyright protection, and patent applications to safeguard your ideas and creations.

  • Litigation Support: In case of disputes or legal conflicts related to your business, a skilled attorney will provide representation and support throughout the litigation process.

These are just some of the essential services provided by business lawyers in Bluffdale, Utah. With their expertise, they can help minimize legal risks, navigate complex regulations, and ensure that your business remains compliant with local laws.

Transition: Now that you understand the range of services offered by business lawyers in Bluffdale, let's explore the abundant legal resources available for businesses in this vibrant city.

When it comes to accessing legal resources for your business in Bluffdale, Utah, you'll find a wealth of options available to help support and protect your company. Bluffdale is home to numerous experienced and knowledgeable business lawyers who can assist you in navigating the complex legal landscape.

Having access to reliable legal resources is crucial for businesses in Bluffdale. A business lawyer in Bluffdale, Utah can provide valuable guidance and assistance with various aspects of your business operations. Whether you need help with contract negotiations, intellectual property protection, or employment law compliance, a skilled business lawyer can ensure that your rights and interests are protected.

In addition to individual business lawyers, there are also other legal resources available in Bluffdale that cater specifically to businesses. These include legal clinics and organizations that offer free or low-cost services to entrepreneurs and small businesses. These resources can be particularly helpful if you're just starting out or operating on a limited budget.

Furthermore, Bluffdale is home to several professional associations and networking groups where businesses can connect with attorneys who specialize in different areas of law. These groups provide opportunities for collaboration, knowledge sharing, and access to a wide range of legal expertise.

Overall, whether you're looking for general legal advice or need assistance with specific issues affecting your business in Bluffdale, Utah has plenty of legal resources available. By partnering with a reputable business lawyer or exploring other avenues such as legal clinics or professional associations, you can ensure that your company receives the necessary support and protection it needs to thrive in today's competitive market.

Frequently Asked Questions

How Much Does It Cost to Hire a Business Lawyer in Bluffdale, Utah?

Hiring a business lawyer in Bluffdale, Utah can vary in cost. It depends on factors such as the complexity of your case and the lawyer's experience. It's best to consult with local attorneys for accurate pricing information.

Are There Any Local Regulations or Laws Specific to Bluffdale That Businesses Should Be Aware Of?

When it comes to local regulations and laws in Bluffdale, Utah, businesses need to be aware of any specific rules that may apply. It's crucial to consult a business lawyer who can guide you through the intricacies of these requirements.

What Steps Should a Business Take to Protect Their Intellectual Property Rights in Bluffdale?

To protect your intellectual property rights in Bluffdale, take steps like registering trademarks and copyrights, implementing confidentiality agreements, and monitoring for unauthorized use. Get legal advice from a business lawyer familiar with local regulations.

Can a Business Lawyer Assist With Negotiating and Drafting Contracts for the Purchase or Sale of a Business in Bluffdale?

Looking to buy or sell a business in Bluffdale? A business lawyer can assist you with negotiating and drafting contracts. They'll ensure your interests are protected and the terms are in your favor.

Not having a business lawyer when facing legal issues in Bluffdale, Utah can lead to potential consequences such as making costly mistakes, overlooking important legal requirements, and being at a disadvantage during negotiations or litigation.

Areas We Serve

We serve individuals and businesses in the following locations:

Salt Lake City Utah
West Valley City Utah
Provo Utah
West Jordan Utah
Orem Utah
Sandy Utah
Ogden Utah
St. George Utah
Layton Utah
South Jordan Utah
Lehi Utah
Millcreek Utah
Taylorsville Utah
Logan Utah
Murray Utah
Draper Utah
Bountiful Utah
Riverton Utah
Herriman Utah
Spanish Fork Utah
Roy Utah
Pleasant Grove Utah
Kearns Utah
Tooele Utah
Cottonwood Heights Utah
Midvale Utah
Springville Utah
Eagle Mountain Utah
Cedar City Utah
Kaysville Utah
Clearfield Utah
Holladay Utah
American Fork Utah
Syracuse Utah
Saratoga Springs Utah
Magna Utah
Washington Utah
South Salt Lake Utah
Farmington Utah
Clinton Utah
North Salt Lake Utah
Payson Utah
North Ogden Utah
Brigham City Utah
Highland Utah
Centerville Utah
Hurricane Utah
South Ogden Utah
Heber Utah
West Haven Utah
Bluffdale Utah
Santaquin Utah
Smithfield Utah
Woods Cross Utah
Grantsville Utah
Lindon Utah
North Logan Utah
West Point Utah
Vernal Utah
Alpine Utah
Cedar Hills Utah
Pleasant View Utah
Mapleton Utah
Stansbury Par Utah
Washington Terrace Utah
Riverdale Utah
Hooper Utah
Tremonton Utah
Ivins Utah
Park City Utah
Price Utah
Hyrum Utah
Summit Park Utah
Salem Utah
Richfield Utah
Santa Clara Utah
Providence Utah
South Weber Utah
Vineyard Utah
Ephraim Utah
Roosevelt Utah
Farr West Utah
Plain City Utah
Nibley Utah
Enoch Utah
Harrisville Utah
Snyderville Utah
Fruit Heights Utah
Nephi Utah
White City Utah
West Bountiful Utah
Sunset Utah
Moab Utah
Midway Utah
Perry Utah
Kanab Utah
Hyde Park Utah
Silver Summit Utah
La Verkin Utah
Morgan Utah

Lawyer for Bluffdale Business Consultation

When you need help from an attorney who does business law in Bluffdale UT, call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472

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/?unit=us" data-label_1="Bluffdale, Utah" data-label_2="Weather" data-theme="original" data-basecolor="#1F567C" data-textcolor="#FFFFFF">Bluffdale, Utah

About Bluffdale, Utah

Bluffdale is a city in Salt Lake and Utah counties in the U.S. state of Utah, located about 20 miles (32 km) south of Salt Lake City. As of the 2020 census, the city population was 17,014.

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Reviews for Jeremy Eveland Bluffdale, Utah

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Joint Tenancy

Joint Tenancy

Joint tenancy is a form of ownership in real estate law, in which two or more persons simultaneously hold an undivided interest in the same property. In Utah, joint tenancy titles are governed by a combination of case law and statutes. This webpage will provide an overview of joint tenancy in Utah law, including a discussion of the requirements for creating a joint tenancy, the legal rights and responsibilities of joint tenants, the effects of terminating a joint tenancy, and the legal remedies available to joint tenants in the event of a dispute.

Think about this for a moment: joint tenancy is a distinct form of ownership compared to other types of co-ownership, such as tenancy in common. In a joint tenancy, the co-owners have equal rights to the property, and each owns an undivided interest in the whole. This means that when one co-owner dies, their share of the property automatically transfers to the surviving co-owner(s), bypassing the deceased’s estate. The surviving co-owner(s) then become the sole owner(s) of the property. To create a joint tenancy in Utah, an owner must record a deed with the county recorder, clearly stating the intention to create a joint tenancy. The deed must include the names of all co-owners, and must be signed by all co-owners. All co-owners must have the same rights to the property, including the right to possess, use, and transfer their interest in the property. Additionally, all co-owners must acquire their interest in the property at the same time. Utah law also requires that all co-owners have an equal right to possession of the property. It is important to note that joint tenancy can only be created between co-owners who are alive at the same time. Joint tenancy is a useful estate planning tool in Utah, as it allows co-owners to bypass the probate process and ensure that their share of the property is quickly and easily transferred to the surviving co-owner(s).

Creating a Joint Tenancy in Utah

In Utah, a joint tenancy is created when four elements come together: unity of title, unity of time, unity of interest, and unity of possession. This is known as the four unities of joint tenancy. Each of these elements must be present in order to create a valid joint tenancy.

Unity of Title: The first element of a joint tenancy is unity of title. This means that the joint tenants must hold title to the same piece of property. This can be accomplished through the same deed or a series of deeds that transfer title from the grantor to all the joint tenants.

Unity of Time: The second element of a joint tenancy is unity of time. This means that the joint tenants must obtain title to the property at the same time. This can be done either through the same deed or a series of deeds that are dated on the same day.

Unity of Interest: The third element of a joint tenancy is unity of interest. This means that the joint tenants must hold an equal interest in the property. This requirement is satisfied when each joint tenant has an equal right to possess and use the property.

Unity of Possession: The fourth element of a joint tenancy is unity of possession. This means that the joint tenants must have an undivided interest in the property. This requirement is satisfied when the joint tenants have an equal right to possess and use the property.

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Legal Rights and Responsibilities of Joint Tenants

Once a joint tenancy has been created in Utah, each joint tenant has certain legal rights and responsibilities. These rights and responsibilities are governed by Utah case law and statutes.

Right of Possession: Each joint tenant has the right to possess and use the property. This means that each joint tenant can enter onto the property and use it as they see fit, so long as it does not interfere with the rights of the other joint tenants.

Right of Survivorship: Each joint tenant has the right of survivorship. This means that if one of the joint tenants dies, their interest in the property passes to the surviving joint tenants. This right can be modified or revoked through a written agreement among the joint tenants.

Right to Terminate: Each joint tenant has the right to terminate the joint tenancy. This can be done by conveying their interest in the property to another party or by filing a legal action to partition the property. Once the joint tenancy has been terminated, the parties no longer have any legal rights or responsibilities with respect to the property.

Responsibility to Maintain: Each joint tenant is responsible for maintaining the property. This means that each joint tenant must pay taxes and make repairs as necessary to keep the property in good condition.

Responsibility to Manage: Each joint tenant is responsible for managing the property. This means that each joint tenant must make decisions about how to use the property and can enter into agreements with third parties to use the property for their benefit.

Effects of Terminating a Joint Tenancy

When a joint tenancy is terminated in Utah, the legal rights and responsibilities of the joint tenants are no longer in effect. This means that the joint tenants are no longer obligated to maintain the property or manage it together. Instead, each joint tenant has a separate interest in the property that can be transferred or sold to another party.

Remedies Available to Joint Tenants

If a dispute arises between joint tenants, there are a number of legal remedies available. These remedies are governed by Utah case law and statutes.

Partition: If the joint tenants cannot come to an agreement on how to manage the property, they can file a legal action to partition the property. This means that the court will divide the property among the joint tenants according to their interests.

Specific Performance: If one of the joint tenants breaches their obligations under the joint tenancy agreement, the other joint tenants can file a legal action for specific performance. This means that the court can order the breaching joint tenant to perform their obligations under the agreement.

Quiet Title: If the ownership of the property is contested, the joint tenants can file a legal action to quiet title. This means that the court will determine who has the legal right to possess the property.

Joint tenancy is a form of ownership in real estate law, in which two or more persons simultaneously hold an undivided interest in the same property. In Utah, joint tenancy titles are governed by a combination of case law and statutes. The requirements for creating a joint tenancy include unity of title, unity of time, unity of interest, and unity of possession. Once a joint tenancy has been created, each joint tenant has certain legal rights and responsibilities. If a dispute arises between joint tenants, there are a number of legal remedies available, including partition, specific performance, and quiet title.

Areas We Serve

We serve individuals and businesses in the following locations:

Salt Lake City Utah
West Valley City Utah
Provo Utah
West Jordan Utah
Orem Utah
Sandy Utah
Ogden Utah
St. George Utah
Layton Utah
South Jordan Utah
Lehi Utah
Millcreek Utah
Taylorsville Utah
Logan Utah
Murray Utah
Draper Utah
Bountiful Utah
Riverton Utah
Herriman Utah
Spanish Fork Utah
Roy Utah
Pleasant Grove Utah
Kearns Utah
Tooele Utah
Cottonwood Heights Utah
Midvale Utah
Springville Utah
Eagle Mountain Utah
Cedar City Utah
Kaysville Utah
Clearfield Utah
Holladay Utah
American Fork Utah
Syracuse Utah
Saratoga Springs Utah
Magna Utah
Washington Utah
South Salt Lake Utah
Farmington Utah
Clinton Utah
North Salt Lake Utah
Payson Utah
North Ogden Utah
Brigham City Utah
Highland Utah
Centerville Utah
Hurricane Utah
South Ogden Utah
Heber Utah
West Haven Utah
Bluffdale Utah
Santaquin Utah
Smithfield Utah
Woods Cross Utah
Grantsville Utah
Lindon Utah
North Logan Utah
West Point Utah
Vernal Utah
Alpine Utah
Cedar Hills Utah
Pleasant View Utah
Mapleton Utah
Stansbury Par Utah
Washington Terrace Utah
Riverdale Utah
Hooper Utah
Tremonton Utah
Ivins Utah
Park City Utah
Price Utah
Hyrum Utah
Summit Park Utah
Salem Utah
Richfield Utah
Santa Clara Utah
Providence Utah
South Weber Utah
Vineyard Utah
Ephraim Utah
Roosevelt Utah
Farr West Utah
Plain City Utah
Nibley Utah
Enoch Utah
Harrisville Utah
Snyderville Utah
Fruit Heights Utah
Nephi Utah
White City Utah
West Bountiful Utah
Sunset Utah
Moab Utah
Midway Utah
Perry Utah
Kanab Utah
Hyde Park Utah
Silver Summit Utah
La Verkin Utah
Morgan Utah

Joint Tenancy Consultation

When you need help with a Joint Tenancy call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472

Home

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Joint Tenancy

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Probate

Probate

Probate is the legal process by which an individual’s estate is administered after they have passed away. In Utah, probate is governed by both case law and the Utah Code, which establish the rules and procedures that govern the process. This article will explain the probate process as it relates to Utah law, including the types of probate proceedings, the parties involved, and the timeline for the administration of an estate. The article will also discuss the recent changes to the Utah probate laws and the impact they may have on the process.

Types of Probate Proceedings

Under Utah law, there are two types of probate proceedings: formal and informal. Formal proceedings are overseen by a probate court and involve the appointment of a personal representative who is responsible for administering the estate. Informal proceedings, on the other hand, allow the estate to be administered without the involvement of a court. In informal proceedings, the personal representative is appointed by the decedent’s will and is responsible for collecting and distributing the assets of the estate.

Parties Involved

The parties involved in a Utah probate proceeding are the decedent, the personal representative, and any creditors or beneficiaries of the estate. The personal representative is the individual who is appointed by the probate court or by the decedent’s will to administer the estate. They are responsible for gathering the assets of the estate, paying any outstanding debts, and distributing the remaining assets in accordance with the decedent’s wishes. The creditors of the estate are any individuals or organizations who are owed money by the estate. The beneficiaries of the estate are any individuals or organizations who are entitled to receive a portion of the estate.

Timeline for Administration

The timeline for the administration of an estate in Utah depends on the type of probate proceeding that is chosen. In the case of a formal proceeding, the court will issue an order appointing the personal representative, who must then file an inventory of the assets of the estate within 60 days. The personal representative must then give notice to any creditors of the estate, who have 90 days to file a claim against the estate. After the claim period has passed, the personal representative can begin to distribute the assets of the estate in accordance with the decedent’s wishes.

In an informal proceeding, the personal representative must still file an inventory of the assets and give notice to the creditors, but the timeline is more flexible. The personal representative can begin distributing the assets of the estate once all of the creditors have been paid and the claims period has passed.

Utah Code 75-2-101 – Definitions.

Utah Code 75-2-101 defines the meaning of several key terms for the purpose of interpreting the Utah Trust Code. The terms “trust” and “trustee” are defined as a fiduciary relationship in which one person holds title to property for another person’s benefit. A “trustee” is defined as a person who holds title to property for the benefit of another person, and a “beneficiary” is the person for whose benefit the trustee holds title to the property. “Property” is defined as anything that can be owned, and it includes real estate, personal property, money, and intangible property such as stocks, bonds, and other investments. The term “principal” is defined as the total amount of trust property, including income and appreciation. Finally, “interest” is defined as any right or benefit that a beneficiary has in the trust property or its income.

The definitions provided in Utah Code 75-2-101 are fundamental to understanding the Utah Trust Code. The definitions provide a clear understanding of the roles of the various parties involved in a trust, as well as the types of property that may be held in a trust. By understanding the definitions provided in this code, individuals can more accurately interpret the regulations and laws that govern trusts in Utah.

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Utah Code 75-2-102 – Construction of act

Utah Code 75-2-102 states that probate is the legal process of administering a deceased person’s estate. This includes validating a will, if there is one, as well as collecting assets, paying debts, and distributing assets to the rightful heirs. The purpose of probate is to ensure that the decedent’s wishes are carried out, and that the estate is properly managed and dispersed. Probate is a process that must be initiated by the executor of the will, or if there is no will, the court will appoint an administrator to oversee the process.

The first step in probate is to determine the validity of the will. This includes making sure that the will is properly signed and witnessed, as well as determining whether any changes or modifications have been made since the will was created. Once the will is deemed valid, the executor must then inventory and evaluate the decedent’s assets. This includes collecting the assets, paying any outstanding debts, and distributing the remainder to the beneficiaries. In some cases, the executor may need to seek court approval for certain decisions, such as the sale of property.

The probate process can be a lengthy one, and it is important for the executor to remain organized and diligent. It is also important to be aware of any applicable laws or regulations that may impact the process. If the process is handled properly, it can provide peace of mind to the family and heirs of the deceased and ensure that the decedent’s wishes are carried out.

Utah Code 75-2-103 – Probate court jurisdiction.

Utah Code 75-2-103 outlines the jurisdiction of probate courts in the state of Utah. This code states that a probate court has jurisdiction over all matters pertaining to the administration of decedents’ estates, guardianships, conservatorships, trusts, adoptions, and other related proceedings. In addition, probate courts have exclusive jurisdiction over the settlement of estates, appointment of guardians and conservators, determination of heirship, and the granting of letters testamentary or of administration.

The probate court is responsible for the protection of the rights of the deceased and those parties involved with the estate. This includes safeguarding the assets of the estate, ensuring that creditors are paid, and that the deceased’s wishes are carried out according to the terms of the will, if there is one. The court also ensures that the parties involved in a probate process act in an ethical and responsible manner, in accordance with state and federal laws.

In addition, the probate court has the authority to make decisions concerning the appointment of guardians and conservators, and to determine heirship when there are disputes between family members. It can also adjudicate disputes between creditors and the estate, and between family members concerning the deceased’s assets. When necessary, the court may also order an inventory of the estate, and can order the sale of estate property to satisfy outstanding debts.

Other sections of the Utah Probate Code are as follows:

Utah Code 75-2-104 – Personal representative
Utah Code 75-2-105 – Appointment of personal representative
Utah Code 75-2-106 – Letters testamentary or of administration
Utah Code 75-2-107 – Bond of personal representative
Utah Code 75-2-108 – Exempt property
Utah Code 75-2-109 – Rights and duties of personal representative
Utah Code 75-2-110 – Rights of persons interested in estate
Utah Code 75-2-111 – Collection of assets
Utah Code 75-2-112 – Payment of debts
Utah Code 75-2-113 – Disposition of property
Utah Code 75-2-114 – Closing estate
Utah Code 75-2-115 – Petition for discharge
Utah Code 75-2-116 – Distribution of estate
Utah Code 75-2-117 – Payment of taxes
Utah Code 75-2-118 – Accounting
Utah Code 75-2-119 – Allowance and compensation of personal representative
Utah Code 75-2-120 – Removal of personal representative
Utah Code 75-2-121 – Appointment of guardian ad litem
Utah Code 75-2-122 – Power of court
Utah Code 75-2-123 – Suit by or against personal representative
Utah Code 75-2-124 – Descent and distribution
Utah Code 75-2-125 – Inventories
Utah Code 75-2-126 – Administration of foreign estates
Utah Code 75-2-127 – Intestate succession
Utah Code 75-2-128 – Homestead allowance
Utah Code 75-2-129 – Exoneration of personal representative
Utah Code 75-2-130 – Additional court powers
Utah Code 75-2-131 – Immunity from liability

Recent Changes to Utah Probate Law

In recent years, Utah has made several changes to its probate laws in order to make the process more efficient and cost-effective. One of the most notable changes is the introduction of a simplified probate process for estates worth less than $100,000. This process eliminates the need for a court hearing and allows the personal representative to administer the estate without the involvement of the court. Additionally, the state has recently passed a law that allows certain assets to pass directly to the beneficiaries of an estate without the need for probate. Finally, the state has adopted a probate code that provides a comprehensive overview of the probate process and sets out the rights and responsibilities of all parties involved.

Probate in Utah is governed by both case law and the Utah Code. The probate process in the state can be either formal or informal, and the timeline for the administration of an estate depends on the type of proceeding chosen. In recent years, the state has made several changes to its probate laws in order to make the process more efficient and cost-effective. These changes have made it easier for individuals to administer an estate without the involvement of a court, and have ensured that the rights and responsibilities of all parties involved in the process are clearly outlined.

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Probate Consultation

When you need help with Probate call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472

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Probate

Durable Power of Attorney

Durable Power of Attorney

Durable Power of Attorney

When it comes to making important decisions on the behalf of a loved one, there are many legal documents that can be used to provide the necessary authority. One of the most common documents used for this purpose is a durable power of attorney in Utah. This document enables a person to designate another individual to act on their behalf and make decisions for them when they are unable to do so. This article will provide an overview of what a durable power of attorney in Utah is and the legal requirements for creating one. It will also discuss the types of decisions that an attorney-in-fact can make, the risks associated with granting this power, and the various legal considerations that should be taken into account.

What is a Durable Power of Attorney in Utah?

A durable power of attorney in Utah is a legal document that allows a person, known as the principal, to grant the authority to another person, known as the attorney-in-fact, to make decisions and act on their behalf. This document is most commonly used when a person is unable to make decisions on their own due to illness, injury, or age. It is important to note that the durable power of attorney in Utah is different from a standard power of attorney that is used for short-term or specific purposes. Unlike a standard power of attorney, the durable power of attorney in Utah is effective even if the principal becomes incapacitated.

The durable power of attorney in Utah is created in accordance with Utah Code Section 75-5-502 and is generally valid until the principal dies or revokes the document. It is important to note that the durable power of attorney must be in writing and properly witnessed in order to be legally valid.

What Types of Decisions Can an Attorney-in-Fact Make?

The attorney-in-fact has the authority to make decisions on behalf of the principal. The types of decisions that an attorney-in-fact may be empowered to make will depend on the specific language of the durable power of attorney in Utah. Generally, an attorney-in-fact can make decisions related to financial matters, including paying bills, handling investments, managing real estate, making end-of-life decisions, and more.

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Case Law

In the case of In re Estate of Gardner, 2015 UT App 256, the court addressed the issue of whether the durable power of attorney for health care was valid. In the case, the principal had executed a durable power of attorney for health care, appointing her son as her attorney-in-fact. The court held that the durable power of attorney was valid and enforced the document’s provisions. The court noted that the durable power of attorney must be in writing, properly witnessed, and must be executed in accordance with the requirements of Utah Code Section 75-5-502.

Risks Associated with Granting a Durable Power of Attorney

Although the durable power of attorney in Utah is a powerful document, it is important to understand the risks associated with granting this power. The most significant risk is that the attorney-in-fact may not act in the best interests of the principal. For this reason, it is important to choose an attorney-in-fact who is trustworthy and capable of making wise decisions. Additionally, it is important to understand that the attorney-in-fact has the power to make decisions on the principal’s behalf, even if the principal does not agree with the decision.

Legal Considerations

When creating a durable power of attorney in Utah, there are several legal considerations that should be taken into account. It is important to understand that the attorney-in-fact must be over the age of 18 and must not have been convicted of a felony. Additionally, the document should be executed in accordance with the requirements of Utah Code Section 75-5-502. Furthermore, it is important to understand that the durable power of attorney must be in writing and properly witnessed in order to be legally valid.

Creating a durable power of attorney in Utah is an important decision that should not be taken lightly. This document provides the necessary authority for an attorney-in-fact to make decisions on behalf of the principal. It is important to understand the legal requirements for creating a durable power of attorney in Utah, the types of decisions that an attorney-in-fact can make, the risks associated with granting this power, and the various legal considerations that should be taken into account.

Durable Power of Attorney Consultation

When you need legal help with a durable power of attorney call Jeremy D. Eveland, MBA, JD (801) 613-1472 for a consultation.

Jeremy Eveland
17 North State Street
Lindon UT 84042
(801) 613-1472

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