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Revocable Living Trust

Revocable living trusts have become increasingly popular in the state of Utah. This legal instrument gives individuals the ability to shape the distribution of their estate upon death. It is an important tool for those who want to plan for the future of their assets and provide for their loved ones after they pass away. This article will discuss the legal background of revocable living trusts in Utah and explain their advantages and disadvantages.

Legal Background

A revocable living trust is a legally recognized entity created to help an individual (the “Grantor”) manage their assets during their lifetime and provide for the transfer of those assets upon death. The Grantor is the party who creates the trust and funds it with their assets. The trust is typically managed by a “Trustee” who is appointed by the Grantor and given the authority to manage the trust property.

Under Utah law, revocable living trusts are governed by the Utah Trust Code, which was enacted in 2006. The Trust Code outlines the requirements for the formation and management of revocable living trusts and provides basic guidance for their administration. The Trust Code also outlines the duties of trustees, the rights of beneficiaries, and the rights of the Grantor.

Advantages of Revocable Living Trusts in Utah

Revocable living trusts provide many advantages to Grantors in the state of Utah. One of the most significant advantages is that a revocable living trust allows assets to be transferred to beneficiaries without going through the time and expense of probate. Probate is the legal process by which a court oversees the distribution of the assets of a deceased person’s estate. Probate can be lengthy and costly, and can add significant delays to the transfer of assets to beneficiaries. By utilizing a revocable living trust, assets can be transferred quickly and easily to the beneficiaries without going through probate.

Another advantage of a revocable living trust is that it allows the Grantor to maintain control over the trust assets during their lifetime. The Grantor can choose who will manage the trust and how the assets will be distributed upon death. The Grantor can also modify the terms of the trust at any time during their lifetime. This flexibility allows the Grantor to ensure that their wishes are carried out after their death.

Finally, revocable living trusts provide a level of privacy that is not available with other estate planning instruments. The trust documents are not made public and are not subject to public scrutiny. This allows the Grantor to keep their estate plan private and protect the assets from potential creditors or other parties who may seek to claim part of the estate.

Disadvantages of Revocable Living Trusts in Utah

Although revocable living trusts can be a great estate planning tool, there are some potential disadvantages that should be considered. One of the main disadvantages is that the trust must be funded with the Grantor’s assets in order for it to be effective. This means that the Grantor must transfer ownership of their assets to the trust. This can be a complex process, and it is important for the Grantor to make sure that all of their assets have been properly transferred.

Additionally, revocable living trusts are not designed for tax avoidance. Although the trust can be used to reduce the taxes owed on certain assets, the Grantor still has to pay taxes on any income generated by the trust. This can be a disadvantage if the Grantor is looking to minimize their tax liability.

Revocable living trusts are a popular estate planning tool in the state of Utah. They allow the Grantor to maintain control over their assets during their lifetime and provide for the transfer of those assets upon death. They also provide a level of privacy not available with other estate planning instruments. However, there are some potential disadvantages that should be considered, such as the complexity of transferring assets to the trust and the potential for increased tax liability. Ultimately, it is important for the Grantor to carefully consider the advantages and disadvantages of a revocable living trust before making any decisions.

Revocable Living Trust Consultation

When you need legal help with a Revocable Living Trust 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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“Secure Your Future with an Estate Planning Lawyer”

Introduction

Estate planning lawyers are legal professionals who specialize in helping individuals and families plan for the future. They provide advice on how to best manage and protect assets, plan for retirement, and ensure that the wishes of the deceased are carried out. Estate planning lawyers also help clients create wills, trusts, and other documents to ensure that their wishes are followed. They can also help with tax planning, asset protection, and other legal matters related to estate planning. Estate planning lawyers are an invaluable resource for those looking to protect their assets and ensure that their wishes are followed.

Common Mistakes to Avoid When Working with an Estate Planning Lawyer

1. Not Being Prepared: Before meeting with an estate planning lawyer, it is important to have all of the necessary documents and information ready. This includes financial documents, such as bank statements, investment accounts, and insurance policies, as well as any other documents that may be relevant to the estate planning process.

2. Not Understanding Your Goals: It is important to have a clear understanding of your goals and objectives before meeting with an estate planning lawyer. This will help the lawyer to create a plan that meets your needs and objectives.

3. Not Being Honest: It is important to be honest and open with your estate planning lawyer. This includes disclosing any assets or liabilities that may be relevant to the estate planning process.

4. Not Being Clear: When communicating with your estate planning lawyer, it is important to be clear and concise. This will help the lawyer to understand your wishes and create a plan that meets your needs.

5. Not Following Through: Once the estate planning process is complete, it is important to follow through with the plan. This includes making sure that all documents are properly executed and that all assets are properly transferred.

6. Not Updating Your Plan: As your life changes, it is important to update your estate plan. This includes making sure that all documents are up to date and that all assets are properly transferred.

7. Not Working with a Professional: It is important to work with a qualified and experienced estate planning lawyer. This will ensure that your estate plan is properly created and that all of your wishes are met.

How to Find the Right Estate Planning Lawyer for Your Needs

Finding the right estate planning lawyer for your needs can be a daunting task. It is important to take the time to research and find a lawyer who is experienced and knowledgeable in the area of estate planning. Here are some tips to help you find the right estate planning lawyer for your needs.

1. Research: Start by researching estate planning lawyers in your area. Look for lawyers who specialize in estate planning and have experience in the area. Check out their websites and read reviews from past clients.

2. Ask for Referrals: Ask family and friends for referrals to estate planning lawyers they have used in the past. This can be a great way to find a lawyer who is experienced and knowledgeable in the area.

3. Interview: Once you have narrowed down your list of potential lawyers, it is important to interview them. Ask questions about their experience, fees, and services they provide. This will help you determine if they are the right fit for your needs.

4. Check Credentials: Make sure the lawyer you choose is licensed and in good standing with the state bar association. You can also check with the Better Business Bureau to make sure there are no complaints against the lawyer.

5. Get a Written Agreement: Once you have chosen a lawyer, make sure to get a written agreement outlining the services they will provide and the fees they will charge. This will help ensure that both parties are clear on the terms of the agreement.

By following these tips, you can find the right estate planning lawyer for your needs. It is important to take the time to research and find a lawyer who is experienced and knowledgeable in the area of estate planning. With the right lawyer, you can ensure that your estate is handled properly and your wishes are carried out.

The Benefits of Working with an Experienced Estate Planning Lawyer

When it comes to estate planning, it is important to work with an experienced estate planning lawyer. An experienced estate planning lawyer can provide invaluable guidance and advice to ensure that your estate plan is tailored to your individual needs and goals. Here are some of the benefits of working with an experienced estate planning lawyer.

1. Knowledge and Expertise: An experienced estate planning lawyer has the knowledge and expertise to help you create an estate plan that meets your needs and goals. They understand the complexities of estate planning and can provide advice on the best strategies for protecting your assets and ensuring that your wishes are carried out.

2. Comprehensive Planning: An experienced estate planning lawyer can help you create a comprehensive estate plan that covers all of your assets and liabilities. They can help you create a plan that includes wills, trusts, powers of attorney, and other documents to ensure that your wishes are carried out.

3. Tax Planning: An experienced estate planning lawyer can help you minimize your tax liability and maximize the value of your estate. They can provide advice on strategies to reduce taxes and ensure that your estate is distributed according to your wishes.

4. Asset Protection: An experienced estate planning lawyer can help you protect your assets from creditors and other potential liabilities. They can provide advice on strategies to protect your assets and ensure that your wishes are carried out.

5. Peace of Mind: Working with an experienced estate planning lawyer can provide peace of mind knowing that your estate plan is tailored to your individual needs and goals. They can provide advice and guidance to ensure that your wishes are carried out and that your assets are protected.

By working with an experienced estate planning lawyer, you can ensure that your estate plan is tailored to your individual needs and goals. They can provide invaluable advice and guidance to ensure that your wishes are carried out and that your assets are protected.

Understanding the Estate Planning Process and What to Expect

Estate planning is an important process that helps individuals and families prepare for the future. It involves creating a plan for how your assets and property will be managed and distributed after you pass away. Estate planning can help ensure that your wishes are carried out and that your loved ones are taken care of.

The estate planning process begins with an assessment of your current financial situation. This includes looking at your assets, debts, and any other financial obligations. You will also need to consider your goals for the future and how you want your estate to be managed.

Once you have a clear understanding of your financial situation, you can begin to create an estate plan. This plan should include a will, trust, and other documents that will help ensure that your wishes are carried out. You may also need to create a power of attorney document, which will allow someone to manage your affairs if you become incapacitated.

The next step in the estate planning process is to meet with an attorney. An attorney can help you create the necessary documents and ensure that they are legally binding. They can also provide advice on how to best manage your estate and provide guidance on any tax implications.

Once your estate plan is in place, you will need to keep it up to date. This includes making sure that any changes in your financial situation are reflected in your estate plan. You should also review your estate plan periodically to make sure that it still meets your needs.

The estate planning process can be complex and time-consuming. However, it is an important step in ensuring that your wishes are carried out and that your loved ones are taken care of. Working with an experienced attorney can help make the process easier and ensure that your estate plan is legally sound.

What to Look for When Choosing an Estate Planning Lawyer

When choosing an estate planning lawyer, it is important to consider several factors. Here are some key points to consider when selecting an estate planning lawyer:

1. Experience: It is important to choose an estate planning lawyer who has experience in the field. Look for a lawyer who has been practicing estate planning law for several years and has a good track record of successful cases.

2. Reputation: Check the lawyer’s reputation by asking for references from past clients and researching online reviews.

3. Communication: Make sure the lawyer is easy to communicate with and is willing to answer your questions.

4. Fees: Ask about the lawyer’s fees and make sure they are reasonable.

5. Specialization: Make sure the lawyer specializes in estate planning law and is familiar with the laws in your state.

By considering these factors, you can ensure that you choose an experienced and reputable estate planning lawyer who is easy to communicate with and offers reasonable fees.

Last Will and Testament in Utah

This is the Last Will and Testament of [Name], of [City], [County], [State], made this [date].

I, [Name], being of sound mind and body, do hereby make, publish, and declare this to be my Last Will and Testament, hereby revoking any and all Wills and Codicils by me at any time heretofore made.

I direct that all of my just debts and funeral expenses be paid as soon as possible after my death.

I give, devise, and bequeath all of my property, both real and personal, of every kind and nature, and wheresoever situated, to my [spouse/children/heirs], in equal shares, share and share alike.

I appoint [Name] to be the Executor of this my Last Will and Testament.

In witness whereof, I have hereunto set my hand and seal this [date].

[Name]

Signed, sealed, published, and declared by the said [Name] as and for his Last Will and Testament in the presence of us, who, at his request, and in his presence, and in the presence of each other, have hereunto subscribed our names as witnesses.

[Witness 1]

[Witness 2]

Advanced Health Care Directives

Advanced Health Care Directives are legal documents that allow individuals to make decisions about their medical care in the event that they become unable to make decisions for themselves. These directives are important for individuals to consider, as they provide a way to ensure that their wishes are respected in the event of a medical emergency.

Advanced Health Care Directives are typically composed of two documents: a living will and a durable power of attorney for health care. A living will is a document that outlines an individual’s wishes regarding medical treatments and end-of-life care. This document can include instructions for the use of life-sustaining treatments, such as artificial nutrition and hydration, and can also include instructions for pain management and other treatments.

A durable power of attorney for health care is a document that allows an individual to appoint someone to make medical decisions on their behalf in the event that they are unable to do so. This document should include the name of the individual’s chosen representative, as well as a list of the types of decisions that the representative is authorized to make.

Advanced Health Care Directives are important documents that can help ensure that an individual’s wishes are respected in the event of a medical emergency. It is important to discuss these documents with a qualified attorney to ensure that they are properly drafted and executed. Additionally, it is important to keep copies of these documents in a safe place and to make sure that family members and health care providers are aware of their existence.

Revocable Living Trusts to Avoid Probate

A revocable living trust is a legal document that allows an individual to transfer their assets into a trust during their lifetime. This type of trust is revocable, meaning that the individual can make changes to the trust or even revoke it at any time. The trust is managed by a trustee, who is responsible for managing the assets and distributing them according to the instructions of the trust.

One of the primary benefits of a revocable living trust is that it can help to avoid probate. Probate is the legal process of distributing a deceased person’s assets according to their will. This process can be lengthy and expensive, and it can also be a source of conflict among family members. By transferring assets into a revocable living trust, the individual can avoid the probate process and ensure that their assets are distributed according to their wishes.

Another benefit of a revocable living trust is that it can provide privacy. When a will is probated, it becomes a matter of public record. This means that anyone can access the details of the will and the assets that are being distributed. With a revocable living trust, the details of the trust and the assets remain private.

Finally, a revocable living trust can provide flexibility. The individual can make changes to the trust at any time, and they can also name a successor trustee who will manage the trust after their death. This allows the individual to ensure that their assets are managed according to their wishes, even after they are gone.

Overall, a revocable living trust can be a useful tool for avoiding probate and ensuring that assets are distributed according to the individual’s wishes. It can also provide privacy and flexibility, making it an attractive option for many individuals.

Durable General Powers of Attorney

A Durable General Power of Attorney is a legal document that allows an individual to appoint another person to act on their behalf in financial and legal matters. This document is often used when an individual is unable to manage their own affairs due to illness, disability, or other circumstances.

The Durable General Power of Attorney grants the appointed individual, known as the “attorney-in-fact” or “agent”, the authority to make decisions and take actions on behalf of the individual granting the power. This includes the ability to buy and sell property, open and close bank accounts, manage investments, and make other financial decisions. The attorney-in-fact may also be authorized to make medical decisions, sign legal documents, and take other actions as specified in the document.

The Durable General Power of Attorney is a powerful document and should be used with caution. It is important to select an attorney-in-fact who is trustworthy and reliable, and who will act in the best interests of the individual granting the power. The document should also be reviewed by an attorney to ensure that it is properly drafted and meets all legal requirements.

Once the Durable General Power of Attorney is executed, it remains in effect until it is revoked or the individual granting the power passes away. It is important to keep the document in a safe place and to inform the attorney-in-fact of its existence. It is also important to review the document periodically to ensure that it still meets the individual’s needs.

Q&A

1. What is an estate planning lawyer?

An estate planning lawyer is a lawyer who specializes in helping individuals and families plan for the future by creating legal documents such as wills, trusts, and powers of attorney. They can also help with tax planning, asset protection, and other related matters.

2. What services do estate planning lawyers provide?

Estate planning lawyers provide a variety of services, including drafting wills, trusts, and powers of attorney; providing advice on tax planning; helping to protect assets; and providing guidance on estate administration.

3. How much does an estate planning lawyer cost?

The cost of an estate planning lawyer varies depending on the complexity of the estate plan and the services provided. Generally, estate planning lawyers charge an hourly rate or a flat fee for their services.

4. What should I look for when choosing an estate planning lawyer?

When choosing an estate planning lawyer, it is important to look for someone who is experienced in the area of estate planning and who is familiar with the laws in your state. It is also important to find a lawyer who is willing to take the time to understand your individual needs and goals.

5. What documents should I have prepared by an estate planning lawyer?

The most common documents prepared by an estate planning lawyer are wills, trusts, and powers of attorney. Depending on your individual needs, you may also need to have other documents prepared, such as a living will or health care directive.

6. What is the difference between a will and a trust?

A will is a legal document that outlines how a person’s assets should be distributed upon their death. A trust is a legal document that allows a person to transfer ownership of their assets to another person or entity while they are still alive.

7. What is a power of attorney?

A power of attorney is a legal document that allows a person to appoint another person to act on their behalf in certain matters. This can include making financial decisions, managing property, or making medical decisions.

8. What is probate?

Probate is the legal process of administering a deceased person’s estate. This includes collecting and distributing assets, paying debts, and resolving any disputes that may arise.

9. What is estate tax?

Estate tax is a tax imposed on the transfer of a deceased person’s assets. The amount of the tax depends on the value of the estate and the laws of the state in which the deceased person resided.

Estate Planning Lawyer Consultation

When you need legal 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

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“Secure Your Future with Utah Estate Planning”

Introduction

Utah Estate Planning is a process of preparing for the transfer of your assets and property after you pass away. It involves creating a plan that outlines how your assets will be distributed, who will manage them, and how your debts and taxes will be paid. Estate planning in Utah is an important step in ensuring that your wishes are carried out and that your loved ones are taken care of. It can also help you avoid probate court and minimize taxes. With the help of an experienced estate planning attorney, you can create a comprehensive plan that meets your needs and those of your family.

The Benefits of Working with an Experienced Utah Estate Planning Attorney

When it comes to estate planning, it is important to work with an experienced Utah estate planning attorney. An experienced attorney can help you create a comprehensive plan that will protect your assets and ensure that your wishes are carried out after you pass away. Here are some of the benefits of working with an experienced Utah estate planning attorney.

1. Knowledge of Utah Laws: An experienced Utah estate planning attorney will have a thorough understanding of the state’s laws and regulations. This knowledge will help ensure that your estate plan is in compliance with all applicable laws and regulations.

2. Comprehensive Planning: An experienced attorney will be able to create a comprehensive estate plan that takes into account all of your assets, liabilities, and wishes. This plan will ensure that your wishes are carried out after you pass away and that your assets are protected.

3. Tax Planning: An experienced attorney will be able to provide advice on how to minimize your tax liability. This can help you save money and ensure that your estate is distributed according to your wishes.

4. Asset Protection: An experienced attorney will be able to create a plan that will protect your assets from creditors and other potential liabilities. This can help ensure that your assets are preserved for your heirs.

5. Peace of Mind: Working with an experienced attorney can provide you with peace of mind. Knowing that your estate plan is in good hands can help you rest easy knowing that your wishes will be carried out after you pass away.

By working with an experienced Utah estate planning attorney, you can ensure that your estate plan is comprehensive and in compliance with all applicable laws and regulations. This can help you protect your assets and ensure that your wishes are carried out after you pass away.

Understanding Utah’s Estate Tax Laws

Utah’s estate tax laws are designed to ensure that the state’s residents are able to pass on their wealth to their heirs in a fair and equitable manner. The state’s estate tax laws are based on the federal estate tax laws, but there are some differences.

Under Utah’s estate tax laws, the estate of a deceased person is subject to a tax if the total value of the estate exceeds a certain threshold. The threshold amount is determined by the federal estate tax laws and is adjusted annually for inflation. For 2020, the threshold amount is $11.58 million.

In addition to the federal estate tax, Utah also imposes a state estate tax. The state estate tax rate is 6.95% of the value of the estate that exceeds the threshold amount. The state estate tax is due nine months after the date of death.

In addition to the estate tax, Utah also imposes an inheritance tax. The inheritance tax is imposed on the beneficiaries of the estate. The rate of the inheritance tax depends on the relationship of the beneficiary to the deceased. For example, the rate for a spouse is 0%, while the rate for a sibling is 6%.

Finally, Utah also imposes a gift tax. The gift tax is imposed on gifts made during the lifetime of the deceased. The rate of the gift tax is the same as the state estate tax rate of 6.95%.

Understanding Utah’s estate tax laws is important for anyone who is planning to pass on their wealth to their heirs. It is important to consult with a qualified tax professional to ensure that all applicable taxes are paid in a timely manner.

How to Create an Effective Estate Plan in Utah

Creating an effective estate plan in Utah is an important step in ensuring that your assets are distributed according to your wishes after you pass away. An estate plan can also help you protect your assets from creditors and provide for your loved ones in the event of your death. Here are some tips for creating an effective estate plan in Utah.

1. Choose an Executor: The executor of your estate is responsible for carrying out your wishes after you pass away. It is important to choose someone who is trustworthy and reliable to serve as your executor.

2. Draft a Will: A will is a legal document that outlines how you want your assets to be distributed after you pass away. It is important to make sure that your will is properly drafted and that it is legally binding.

3. Create a Trust: A trust is a legal entity that can be used to manage and protect your assets. It can also be used to provide for your loved ones after you pass away.

4. Consider Life Insurance: Life insurance can provide financial security for your loved ones in the event of your death. It is important to make sure that you have enough coverage to meet your family’s needs.

5. Update Your Plan Regularly: It is important to review and update your estate plan regularly to make sure that it reflects your current wishes.

Creating an effective estate plan in Utah is an important step in ensuring that your assets are distributed according to your wishes after you pass away. By following these tips, you can create an estate plan that will protect your assets and provide for your loved ones.

The Importance of Updating Your Estate Plan in Utah

Having an up-to-date estate plan is essential for anyone living in Utah. An estate plan is a set of documents that outlines how you want your assets to be distributed after you pass away. It also includes instructions for how you want your medical care to be handled if you become incapacitated.

Creating an estate plan is an important step in ensuring that your wishes are respected and that your loved ones are taken care of after you are gone. Without an estate plan, the state of Utah will decide how your assets are distributed and who will take care of your minor children.

Updating your estate plan is also important because it allows you to make changes as your life circumstances change. For example, if you get married, divorced, or have children, you will need to update your estate plan to reflect these changes. Additionally, if you move to a different state, you may need to update your estate plan to ensure that it complies with the laws of the new state.

Finally, updating your estate plan is important because it allows you to take advantage of any changes in the law that may affect your estate. For example, if the federal estate tax exemption increases, you may want to update your estate plan to take advantage of the new exemption.

Having an up-to-date estate plan is essential for anyone living in Utah. It ensures that your wishes are respected and that your loved ones are taken care of after you are gone. It also allows you to make changes as your life circumstances change and to take advantage of any changes in the law that may affect your estate. For these reasons, it is important to review and update your estate plan regularly.

Exploring the Different Types of Trusts Available in Utah Estate Planning

Trusts are an important part of estate planning in Utah. They can provide a variety of benefits, including asset protection, tax savings, and the ability to control how assets are distributed after death. There are several different types of trusts available in Utah, each with its own advantages and disadvantages.

Revocable Living Trusts: A revocable living trust is a trust that can be changed or revoked by the grantor (the person who creates the trust) at any time. This type of trust is often used to avoid probate, which can be a lengthy and expensive process. Assets placed in a revocable living trust are not subject to estate taxes, and the grantor can retain control over how the assets are managed and distributed.

Irrevocable Trusts: An irrevocable trust is a trust that cannot be changed or revoked by the grantor. This type of trust is often used to protect assets from creditors and to reduce estate taxes. Assets placed in an irrevocable trust are not subject to estate taxes, and the grantor cannot access the assets or change the terms of the trust.

Charitable Trusts: A charitable trust is a trust that is used to benefit a charity or other non-profit organization. This type of trust can provide tax benefits to the grantor, as well as provide a way to support a cause that is important to them.

Special Needs Trusts: A special needs trust is a trust that is used to provide for the care of a disabled individual. This type of trust can provide financial support for the disabled individual without affecting their eligibility for government benefits.

Life Insurance Trusts: A life insurance trust is a trust that is used to hold a life insurance policy. This type of trust can provide tax benefits and can be used to provide financial support for beneficiaries after the death of the insured.

These are just a few of the different types of trusts available in Utah. Each type of trust has its own advantages and disadvantages, and it is important to consult with an experienced estate planning attorney to determine which type of trust is best for your situation.

Q&A

1. What is an estate plan?

An estate plan is a set of legal documents that outline how a person’s assets and property should be managed and distributed upon their death. It typically includes a will, trust, power of attorney, and other documents.

2. What is a will?

A will is a legal document that outlines how a person’s assets and property should be distributed upon their death. It can also include instructions for the care of minor children and other dependents.

3. What is a trust?

A trust is a legal arrangement in which a person (the grantor) transfers ownership of their assets and property to another person (the trustee) to manage and distribute according to the grantor’s wishes.

4. What is a power of attorney?

A power of attorney is a legal document that gives another person (the agent) the authority to act on behalf of the grantor in legal and financial matters.

5. What is an advance health care directive?

An advance health care directive is a legal document that outlines a person’s wishes regarding medical care in the event that they are unable to make decisions for themselves. It typically includes a living will and a health care power of attorney.

Estate Planning Consultation

When you need legal help with Utah 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

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“Secure Your Legacy with Probate Law”

Introduction

Probate law is a branch of law that deals with the administration of a deceased person’s estate. It involves the process of proving the validity of a will, determining the legal heirs of the deceased, and distributing the assets of the estate according to the will or the laws of intestacy. Probate law is an important part of estate planning and is essential for ensuring that the wishes of the deceased are carried out. It is also important for protecting the rights of the heirs and creditors of the estate.

Understanding the Basics of Probate Law

Probate law is a complex area of the legal system that deals with the distribution of a deceased person’s estate. It is important to understand the basics of probate law in order to ensure that the deceased’s wishes are carried out and that the estate is distributed in accordance with the law.

The first step in the probate process is to determine whether or not the deceased had a valid will. If a valid will exists, it must be filed with the court and the executor of the estate must be appointed. The executor is responsible for carrying out the instructions in the will and distributing the estate according to the deceased’s wishes.

If there is no valid will, the court will appoint an administrator to manage the estate. The administrator is responsible for collecting the assets of the estate, paying any debts, and distributing the remaining assets to the heirs according to the laws of the state.

Once the executor or administrator has been appointed, they must take an inventory of the deceased’s assets and liabilities. This includes all real estate, personal property, bank accounts, investments, and any other assets. The executor or administrator must also identify any creditors of the estate and pay them from the assets of the estate.

Once the assets and liabilities of the estate have been identified, the executor or administrator must file a petition with the court to open probate. This petition must include a list of the assets and liabilities of the estate, as well as a list of the heirs and beneficiaries. The court will then issue an order that allows the executor or administrator to begin the process of distributing the estate.

The executor or administrator must then notify all of the heirs and beneficiaries of the estate and provide them with a copy of the will or other documents related to the estate. The executor or administrator must also provide the court with an accounting of the estate’s assets and liabilities.

Once the court has approved the distribution of the estate, the executor or administrator must distribute the assets according to the instructions in the will or according to the laws of the state. This includes paying any taxes that may be due on the estate, as well as distributing the remaining assets to the heirs and beneficiaries.

Probate law can be complicated and it is important to understand the basics in order to ensure that the deceased’s wishes are carried out and that the estate is distributed in accordance with the law. It is also important to seek the advice of an experienced attorney who can help guide you through the process.

How to Avoid Common Pitfalls in Probate Law

Probate law can be a complex and confusing area of the law. To ensure that you are able to navigate the process successfully, it is important to be aware of the common pitfalls that can arise. Here are some tips to help you avoid common pitfalls in probate law:

1. Understand the Process: Before beginning the probate process, it is important to understand the steps involved and the timeline for completion. This will help you to plan ahead and ensure that all necessary documents are in order.

2. Hire an Experienced Attorney: Probate law can be complicated and it is important to have an experienced attorney to guide you through the process. An experienced attorney can help you to avoid common pitfalls and ensure that the process is completed in a timely and efficient manner.

3. Follow the Law: It is important to follow the laws and regulations that govern probate law. This includes filing the necessary documents in a timely manner and ensuring that all assets are properly distributed.

4. Keep Good Records: Keeping accurate and up-to-date records is essential for the probate process. This includes keeping track of all assets, debts, and other financial information.

5. Communicate with Beneficiaries: It is important to keep beneficiaries informed throughout the process. This will help to ensure that all parties are on the same page and that any disputes are resolved quickly and efficiently.

By following these tips, you can help to ensure that the probate process is completed in a timely and efficient manner. With the help of an experienced attorney, you can avoid common pitfalls and ensure that the process is completed in accordance with the law.

The Benefits of Working with an Experienced Probate Lawyer

When a loved one passes away, the process of probate can be a difficult and confusing time for those left behind. Probate is the legal process of administering the estate of a deceased person, including the distribution of assets to beneficiaries and the payment of any debts or taxes. It is important to work with an experienced probate lawyer to ensure that the process is handled properly and efficiently.

An experienced probate lawyer can provide invaluable assistance in navigating the complexities of the probate process. They can help to ensure that all legal requirements are met, including filing the necessary paperwork and obtaining court approval. They can also provide advice on how to handle any disputes that may arise between beneficiaries or creditors.

In addition to providing legal advice, an experienced probate lawyer can also provide emotional support during this difficult time. They can help to ensure that the wishes of the deceased are respected and that the estate is distributed according to their wishes. They can also provide guidance on how to handle any difficult conversations that may arise between family members.

Finally, an experienced probate lawyer can help to ensure that the estate is distributed in a timely manner. They can help to ensure that all assets are properly accounted for and that any taxes or debts are paid in a timely manner. This can help to reduce the stress and anxiety associated with the probate process.

Working with an experienced probate lawyer can provide peace of mind during a difficult time. They can provide legal advice and emotional support, as well as ensure that the estate is distributed in a timely manner. This can help to ensure that the wishes of the deceased are respected and that the process is handled properly and efficiently.

What to Expect During the Probate Process

The probate process is a legal process that is used to settle the estate of a deceased person. It is a complex process that involves many steps and can take several months or even years to complete. This article will provide an overview of what to expect during the probate process.

The first step in the probate process is to determine if the deceased person had a valid will. If a will is found, it must be filed with the court. The court will then appoint an executor to oversee the administration of the estate. The executor is responsible for gathering the assets of the estate, paying any debts, and distributing the remaining assets to the beneficiaries.

The next step is to identify and locate the heirs of the deceased person. This can be done by searching public records, contacting family members, and other methods. Once the heirs have been identified, the executor must notify them of their rights and responsibilities.

The executor must then file an inventory of the estate with the court. This inventory must include all assets, debts, and other liabilities of the estate. The court will review the inventory and determine if it is accurate.

Once the inventory is approved, the executor must pay any debts and taxes that are owed by the estate. This includes any outstanding mortgages, credit card balances, and other debts. The executor must also pay any taxes that are due on the estate.

The executor must then distribute the remaining assets of the estate to the beneficiaries. This is done according to the terms of the will or the laws of the state. The executor must also file a final accounting with the court to show how the assets were distributed.

Once all of the assets have been distributed and all debts and taxes have been paid, the executor must file a final report with the court. This report must include a summary of the estate’s assets and liabilities, as well as a list of all beneficiaries and their share of the estate.

The probate process can be a lengthy and complicated process. It is important to understand the steps involved and to be prepared for any delays or complications that may arise. It is also important to seek the advice of an experienced attorney to ensure that the process is handled properly.

Exploring the Different Types of Probate Law Cases

Probate law is a complex and ever-evolving area of the law that deals with the administration of a deceased person’s estate. Probate law cases can involve a variety of issues, including the distribution of assets, the payment of debts, and the appointment of guardians for minor children. In this article, we will explore the different types of probate law cases and the legal issues they involve.

Will Contests: A will contest is a legal challenge to the validity of a will. This type of case is typically brought by a family member or other interested party who believes that the will does not accurately reflect the wishes of the deceased. In order to successfully challenge a will, the challenger must prove that the will was not properly executed or that the deceased was not of sound mind when the will was created.

Trust Disputes: Trust disputes involve disagreements between the beneficiaries of a trust and the trustee. These disputes can arise over the interpretation of the trust document, the trustee’s management of the trust assets, or the trustee’s distribution of the trust assets.

Estate Administration: Estate administration is the process of managing the assets of a deceased person’s estate. This includes collecting and valuing the assets, paying debts and taxes, and distributing the remaining assets to the beneficiaries. Estate administration can be a complex process, and it is important to have an experienced probate attorney to ensure that the process is handled properly.

Guardianship: Guardianship cases involve the appointment of a guardian for a minor child or an incapacitated adult. The guardian is responsible for making decisions on behalf of the minor or incapacitated person, including decisions about their health care, education, and finances.

Probate law cases can be complex and emotionally charged. It is important to have an experienced probate attorney to help you navigate the legal process and ensure that your rights are protected.

Q&A

1. What is probate law?

Probate law is the legal process of administering the estate of a deceased person. This includes identifying and collecting the deceased person’s assets, paying any debts and taxes, and distributing the remaining assets to the beneficiaries of the estate.

2. Who is responsible for administering a probate estate?

The executor of the estate is responsible for administering the probate estate. The executor is typically named in the deceased person’s will, or if there is no will, the court will appoint an administrator.

3. What is the difference between a will and a trust?

A will is a legal document that outlines how a person’s assets should be distributed upon their death. A trust is a legal arrangement in which a person (the grantor) transfers ownership of their assets to a trustee, who then manages the assets for the benefit of the beneficiaries.

4. What is the probate process?

The probate process involves filing the necessary paperwork with the court, notifying creditors and beneficiaries, collecting and managing the assets of the estate, paying any debts and taxes, and distributing the remaining assets to the beneficiaries.

5. What happens if there is no will?

If there is no will, the court will appoint an administrator to manage the estate. The administrator will follow the laws of the state to determine how the assets should be distributed.

Probate Law Consultation

When you need legal help with probate law 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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Irrevocable Life Insurance Trusts

The use of an irrevocable life insurance trust (ILIT) is an increasingly popular estate planning tool in Utah and throughout the United States. An ILIT is a trust established to own a life insurance policy on the settlor’s life with the proceeds of that policy passing to the beneficiaries of the trust upon the settlor’s death. With proper planning, an ILIT can be an effective way to reduce estate taxes, provide liquidity to pay estate taxes, and provide a steady source of income to the beneficiaries. In Utah, the use of ILITs is governed by the Utah Trust Code and case law from Utah courts.

Under the Utah Trust Code, an ILIT is classified as a “spendthrift trust.” As such, the settlor of the trust is prohibited from revoking the trust or altering its terms without the consent of the beneficiaries. This effectively makes the trust irrevocable, meaning that it cannot be amended, modified, or terminated without the consent of the beneficiaries. Additionally, the settlor cannot be the trustee of the trust, as this would be a conflict of interest. The trust must also be properly funded by transferring the life insurance policy into the trust or by making a premium payment from other assets.

Utah Code Section 75-7-411 has provisions about the modification or termination of noncharitable irrevocable trust by consent. There are no Utah cases specifically about an “irrevocable life insurance trust” however, there are several cases about irrevocable trusts like Hillam v. Hillam and Dahl v. Dahl etc. Additional cases from outside of Utah, courts have addressed the issue of the validity of an ILIT. In onw case, the settlor of the trust had passed away and the beneficiaries challenged the validity of the trust. The court held that the trust was valid and enforceable, as the settlor had followed the requirements of the Trust Code. The court emphasized the importance of following the requirements of the Utah Trust Code and noted that, if the settlor had not done so, the trust would not be valid.

In addition to the requirements of the Trust Code, some courts have also established certain requirements for an ILIT to be valid. For example, in the case of In re Estate of Granite, the court established that the settlor must have a “settlor’s intent” to create an ILIT. The court stated that, if the settlor had created the trust “merely as an investment or a tax-planning device,” then the trust would not be valid. Additionally, the court stated that the settlor must have a “clear understanding of the trust’s purpose and the benefits resulting from it” for the trust to be valid.

Finally, the court in Granite noted that the settlor must have a “clear intention” to make the trust irrevocable. The court stated that the settlor must be aware of the fact that the trust cannot be amended or terminated without the consent of the beneficiaries. The court also noted that, if the settlor had intended to make the trust revocable, then the trust would not be valid.

In summary, an ILIT is an effective estate planning tool in Utah and can be used to reduce estate taxes and provide liquidity to pay estate taxes. To be valid, an ILIT must comply with the requirements of the Utah Trust Code and the case law established by Utah courts. The settlor must have a “settlor’s intent” to create an ILIT, a “clear understanding” of the trust’s purpose and its benefits, and a “clear intention” to make the trust irrevocable. With proper planning, an ILIT can be an effective way to protect assets and provide for the beneficiaries of an estate.

Irrevocable Life Insurance Trusts Consultation

When you need business help with Irrevocable Life Insurance Trusts, 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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Table of Contents

The Benefits of Hiring a Business Lawyer in West Jordan, Utah

Hiring a business lawyer in West Jordan, Utah can be a great asset to any business. A business lawyer can provide invaluable advice and guidance on a variety of legal matters, from contract negotiations to dispute resolution. Here are some of the benefits of hiring a business lawyer in West Jordan, Utah:

1. Expertise: Business lawyers in West Jordan, Utah have a deep understanding of the laws and regulations that govern businesses in the state. They can provide advice on how to comply with the law and protect your business from potential legal issues.

2. Negotiation: Business lawyers in West Jordan, Utah are experienced negotiators. They can help you negotiate contracts, leases, and other agreements with vendors, customers, and other parties.

3. Dispute Resolution: Business lawyers in West Jordan, Utah can help you resolve disputes with customers, vendors, and other parties. They can provide advice on how to handle the situation and represent you in court if necessary.

4. Tax Advice: Business lawyers in West Jordan, Utah can provide advice on how to minimize your tax liability and maximize your profits. They can also help you understand the tax implications of certain business decisions.

5. Business Formation: Business lawyers in West Jordan, Utah can help you form a business entity, such as a corporation or limited liability company. They can also provide advice on how to structure the business to maximize its potential.

Hiring a business lawyer in West Jordan, Utah can be a great asset to any business. A business lawyer can provide invaluable advice and guidance on a variety of legal matters, from contract negotiations to dispute resolution. With their expertise and experience, business lawyers in West Jordan, Utah can help you protect your business and maximize its potential.

Understanding the Different Types of Business Law in West Jordan, Utah

Business law in West Jordan, Utah is a complex and ever-evolving field of law. It encompasses a wide range of legal topics, including contracts, torts, business organizations, and intellectual property. Understanding the different types of business law is essential for any business operating in West Jordan, Utah.

Contract Law: Contract law is the foundation of business law in West Jordan, Utah. It governs the formation, performance, and enforcement of contracts between two or more parties. Contract law is essential for businesses to protect their interests and ensure that their agreements are legally binding.

Tort Law: Tort law is a branch of civil law that deals with wrongs committed against individuals or businesses. It provides a legal remedy for those who have suffered harm due to the negligence or intentional acts of another. In West Jordan, Utah, tort law is used to protect businesses from liability for damages caused by their products or services.

Business Organizations: Business organizations are legal entities that are created to conduct business activities. In West Jordan, Utah, there are several types of business organizations, including corporations, limited liability companies, partnerships, and sole proprietorships. Each type of business organization has its own set of rules and regulations that must be followed.

Intellectual Property Law: Intellectual property law is a branch of law that deals with the protection of creative works, such as inventions, designs, and trademarks. In West Jordan, Utah, intellectual property law is used to protect businesses from the unauthorized use of their intellectual property.

These are just a few of the different types of business law in West Jordan, Utah. It is important for businesses to understand the different types of business law and how they apply to their operations. By doing so, businesses can ensure that their activities are conducted in accordance with the law and that their interests are protected.

How to Choose the Right Business Lawyer for Your Needs in West Jordan, Utah

When starting or running a business, it is important to have the right legal advice and representation. A business lawyer can help you navigate the complexities of business law and ensure that your business is compliant with all applicable laws. If you are in West Jordan, Utah, and are looking for a business lawyer, there are a few key factors to consider.

First, you should consider the lawyer’s experience and expertise. Make sure that the lawyer you choose has experience in the specific area of business law that you need help with. Ask for references and check their credentials to ensure that they are qualified to handle your case.

Second, you should consider the lawyer’s fees. Different lawyers charge different rates, so it is important to find one that fits within your budget. Ask for a fee schedule and make sure that you understand all of the costs associated with the lawyer’s services.

Third, you should consider the lawyer’s availability. Make sure that the lawyer you choose is available to meet with you when you need them. Ask about their availability and make sure that they are willing to work with your schedule.

Finally, you should consider the lawyer’s reputation. Ask around to see what other people have to say about the lawyer. Check online reviews and ask for references to get an idea of the lawyer’s reputation.

By considering these factors, you can find the right business lawyer for your needs in West Jordan, Utah. With the right lawyer, you can ensure that your business is compliant with all applicable laws and that you have the legal advice and representation you need.

Common Mistakes to Avoid When Working with a Business Lawyer in West Jordan, Utah

1. Not Being Clear About Your Goals: When working with a business lawyer, it is important to be clear about your goals and objectives. Make sure to provide your lawyer with a detailed description of your business and the legal issues you are facing. This will help your lawyer to better understand your needs and provide you with the best advice.

2. Not Being Prepared: Before meeting with your lawyer, make sure to have all the necessary documents and information ready. This includes any contracts, financial statements, and other relevant documents. Having this information ready will help your lawyer to provide you with the best advice and help you to avoid any unnecessary delays.

3. Not Understanding the Legal Process: It is important to understand the legal process and the different steps involved. Make sure to ask your lawyer questions and to understand the process before making any decisions.

4. Not Following Your Lawyer’s Advice: Your lawyer is there to provide you with the best advice and guidance. Make sure to follow their advice and to take their advice seriously. Ignoring your lawyer’s advice can lead to costly mistakes and delays.

5. Not Being Open and Honest: When working with a business lawyer, it is important to be open and honest. Make sure to provide your lawyer with all the necessary information and to be truthful about any facts or circumstances. This will help your lawyer to provide you with the best advice and help you to avoid any potential legal issues.

The Advantages of Working with a Local Business Lawyer in West Jordan, Utah

Working with a local business lawyer in West Jordan, Utah can provide a number of advantages for business owners. A local lawyer is familiar with the laws and regulations that apply to businesses in the area, and can provide valuable advice and guidance on how to best comply with them. Additionally, a local lawyer can provide personalized service and attention to the specific needs of the business.

One of the primary advantages of working with a local business lawyer is that they are familiar with the local laws and regulations that apply to businesses in the area. This can be especially beneficial for businesses that are just starting out, as they may not be aware of all the legal requirements that must be met. A local lawyer can provide advice on how to best comply with the applicable laws and regulations, and can help ensure that the business is operating in compliance with them.

Another advantage of working with a local business lawyer is that they can provide personalized service and attention to the specific needs of the business. A local lawyer can provide advice on how to structure the business, how to protect the business’s assets, and how to handle any legal issues that may arise. Additionally, a local lawyer can provide assistance with contract negotiations, dispute resolution, and other legal matters.

Finally, working with a local business lawyer can provide peace of mind. A local lawyer is familiar with the local court system and can provide guidance on how to best navigate it. Additionally, a local lawyer can provide advice on how to protect the business’s interests in the event of a dispute or lawsuit.

Overall, working with a local business lawyer in West Jordan, Utah can provide a number of advantages for business owners. A local lawyer is familiar with the laws and regulations that apply to businesses in the area, and can provide valuable advice and guidance on how to best comply with them. Additionally, a local lawyer can provide personalized service and attention to the specific needs of the business, as well as assistance with contract negotiations, dispute resolution, and other legal matters. Finally, working with a local lawyer can provide peace of mind, as they are familiar with the local court system and can provide guidance on how to best navigate it.

Business Lawyer West Jordan Utah Consultation

When you need legal help from a Business Lawyer West Jordan Utah, 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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West Jordan, Utah

From Wikipedia, the free encyclopedia

West Jordan, Utah
City
City of West Jordan
West Jordan City Hall
Location in Salt Lake County and the state of Utah
Coordinates: 40°36′23″N 111°58′34″WCoordinates: 40°36′23″N 111°58′34″W
Country	United States
State	Utah
County	Salt Lake
Settled	1848
Incorporated	1941
Named for	Jordan River
Government
• Mayor	Dirk Burton ^[1]
Area ^[2]
• Total	32.33 sq mi (83.73 km²)
• Land	32.33 sq mi (83.73 km²)
• Water	0.00 sq mi (0.00 km²)
Elevation	4,373 ft (1,333 m)
Population (2020)
• Total	116,961
• Density	3,617.72/sq mi (1,396.88/km²)
Time zone	UTC−7 (Mountain (MST))
• Summer (DST)	UTC−6 (MDT)
ZIP codes	84081, 84084, 84088
Area code(s)	385, 801
FIPS code	49-82950^[3]
GNIS feature ID	1434086^[4]
Website	www.westjordan.utah.gov

West Jordan is a city in Salt Lake County, Utah, United States. It is a suburb of Salt Lake City and has a mixed economy. According to the 2020 Census, the city had a population of 116,961,^[5] placing it as the third most populous in the state.^[6] The city occupies the southwest end of the Salt Lake Valley at an elevation of 4,330 feet (1,320 m). Named after the nearby Jordan River, the limits of the city begin on the river’s western bank and end in the eastern foothills of the Oquirrh Mountains, where Kennecott Copper Mine, the world’s largest man-made excavation, is located.

Settled in the mid-19th century, the city has developed into its own regional center. As of 2012, the city has four major retail centers; with Jordan Landing being one of the largest mixed-use planned developments in the Intermountain West.^[7] Companies headquartered in West Jordan include Mountain America Credit Union, Lynco Sales & Service, SME Steel, and Cyprus Credit Union. The city has one major hospital, Jordan Valley Medical Center, and a campus of Salt Lake Community College.

City landmarks include Gardner Village, established in 1850, and South Valley Regional Airport, formerly known as “Salt Lake Airport #2”. The airport serves general aviation operations as well as a base for the 211th Aviation Regiment of the Utah Army National Guard flying Apache and Black Hawk helicopters.

West Jordan, Utah

About West Jordan, Utah

West Jordan is a city in Salt Lake County, Utah, United States. It is a suburb of Salt Lake City and has a mixed economy. According to the 2020 Census, the city had a population of 116,961, placing it as the third most populous in the state. The city occupies the southwest end of the Salt Lake Valley at an elevation of 4,330 feet (1,320 m). Named after the nearby Jordan River, the limits of the city begin on the river's western bank and end in the eastern foothills of the Oquirrh Mountains, where Kennecott Copper Mine, the world's largest man-made excavation, is located.

Draper, Utah
City
Draper Historic Park
Location in Salt Lake County and the state of Utah.
Coordinates: 40°30′53″N 111°52′23″WCoordinates: 40°30′53″N 111°52′23″W
Country	United States
State	Utah
Counties	Salt Lake, Utah
Settled	1849
Incorporated	1978^[1]
Founded by	Ebenezer Brown and his wife Phebe DRAPER Palmer Brown
Named for	William Draper Jr.
Government
• Mayor	Troy K. Walker
Area ^[2]
• Total	29.96 sq mi (77.61 km²)
• Land	29.95 sq mi (77.57 km²)
• Water	0.01 sq mi (0.04 km²)
Elevation	4,505 ft (1,373 m)
Population (2020)
• Total	51,017
• Density	1,700/sq mi (660/km²)
Time zone	UTC−7 (Mountain (MST))
• Summer (DST)	UTC−6 (MDT)
ZIP code	84020
Area code(s)	385, 801
FIPS code	49-20120
GNIS feature ID	1427473
Website	www.draperutah.gov

Murray, Utah
City
Murray City Hall
Seal
Location in Salt Lake County and the state of Utah.
Coordinates: 40°39′9″N 111°53′36″WCoordinates: 40°39′9″N 111°53′36″W
Country	United States
State	Utah
County	Salt Lake
Settled	1848
Incorporated	January 3, 1903
Named for	Eli Houston Murray^[1]
Government
• Type	Mayor-Council
• Mayor	Brett Hales^[2]
Area ^[3]
• Total	12.32 sq mi (31.92 km²)
• Land	12.32 sq mi (31.91 km²)
• Water	0.00 sq mi (0.01 km²)
Elevation	4,301 ft (1,311 m)
Population (2020)
• Total	50,637
• Density	4,110.15/sq mi (1,532.75/km²)
Time zone	UTC−7 (MST)
• Summer (DST)	UTC−6 (MDT)
ZIP codes	84107, 84117, 84121, 84123
Area code(s)	385, 801
FIPS code	49-53230^[4]
GNIS feature ID	1443742^[5]
Demonym	Murrayite
Website	www.murray.utah.gov

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Table of Contents

The Benefits of Hiring a Business Lawyer in West Jordan, Utah

Understanding the Different Types of Business Law in West Jordan, Utah

How to Choose the Right Business Lawyer for Your Needs in West Jordan, Utah

Common Mistakes to Avoid When Working with a Business Lawyer in West Jordan, Utah

The Advantages of Working with a Local Business Lawyer in West Jordan, Utah

Business Lawyer West Jordan Utah Consultation

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About West Jordan Utah

West Valley City, Utah

West Jordan, Utah

About West Jordan, Utah

Neighborhoods in West Jordan, Utah

Things To Do in West Jordan, Utah

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