Most people want to avoid having their estate go through probate. This is due to the perceived difficulties of the probate process. Some people mistakenly believe that failing to make a will can bypass probate. In fact, the opposite is true. When a decedent does not have a will in place, the estate…
Read more: How Intestate Succession Works in the Probate Process
Everyone dreams of owning their own home. Many people are lucky enough to make this dream a reality. However, a change in your financial situation can make your dream turn into a nightmare. Once you begin to fall behind on mortgage payments, you are at risk of foreclosure activity by lenders. This means that you may eventually lose the home that you love. Whether you are in foreclosure, or expect to be, it is important to understand the legal ramifications of the process.…
Read more: Things You Probably Didn't Know About Foreclosure in Utah
If you have been named the executor of the estate, you likely have a number of different duties on your plate. In fact, the process can become a little overwhelming at times. Yet, there are certain things that need to be done. One such task is to obtain a death certificate for the deceased. At first, this may seem like a trivial task, but there are some important legal ramifications if you fail to take this step. Learn why you need to take immediate action to get a death certificate in accordance with estate law.…
Read more: Why You May Need a Death Certificate When Administering an Estate
Buying a new home is an exciting time. There's no doubt that you have high expectations when going through the process. Yet, what happens if the deal doesn't turn out as good as you originally thought? What if you move into the home only to find that there is some unknown defect? If this happens, you may be regretting your decision, but there are some legal remedies available to help you. See how to address newly discovered defects after the sale has closed.…
Read more: What Happens When You Find Defects With a Home You Just Bought?
As we age, we experience a decline in our cognitive functions. For some, this can result in a significantly decreased ability to manage one's own personal affairs. Clearly, as a society, we want our elderly population to remain protected and cared for. This is why the law allows for conservatorships. This legal relationship plays an important role in the area of end of life law. See why it may be necessary to consider a conservatorship for one of your family members in their time of need.…
Read more: Why a Conservatorship Might Be on the Horizon for Your Loved One
There's no doubt that starting a business requires a lot of planning. One of the most important things to think about is how to form your business. The type of legal designation given to your company will have a huge effect on your liability as an owner. Therefore, you need to understand the implications of your choice. Learn about the differences in tax and personal liability when it comes to your business formation options.…
Read more: Small Business Entities: A Look at the Scope of Liability for Owners
Contracts govern a lot of different relationships between business entities. In fact, the whole purpose of creating a contract is to set out the rules of the agreement. However, many enter contracts without truly understanding all the legal consequences. One area that often remains misunderstood concerns the governing law. Yet, choice of law provisions can have a profound effect on the way your contract plays out. See what you need to know about these provisions before signing on the dotted line.…
Read more: Why You Need to Understand Choice of Law for Your Business Contracts
The U.S. Supreme Court case of Birchfield v. North Dakota determined whether a warrant was needed to draw blood in a DUI case. In this case, the Court found that officers do need to obtain a search warrant before subjecting a suspect to a blood test. The Court also added that states cannot criminalize refusing a blood test if no warrant has been obtained. Although Birchfield deals with a DUI case, it created questions about other police investigations where blood testing is sought.…
Those not familiar with the law have likely never heard of the Brady v. Maryland case. This legal precedent stands for a very important proposition in criminal procedure. Mainly, that defendants have the right to view all the prosecution's evidence prior to a trial. Thus, the Brady case is particularly relevant during the discovery stage of a case. Learn how this case impacts your ability to defend yourself against criminal charges.…
Read more: Why Brady v. Maryland Plays a Critical Role in Your Criminal Case