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Snow Jensen & Reece Law Blog

How familiar are you with powers of attorney? - II

In our previous post, we started discussing how those seeking to create a comprehensive estate plan -- meaning one that addresses the possibility of both their untimely demise and their sudden incapacity -- must consider the execution of everything from guardianships and health care directives to beneficiary designations and, of course, powers of attorney.

To that end, we began taking a closer look at the power of attorney, an invaluable estate planning document that enables a person -- the principal -- to vest another person -- the agent -- with the authority to act on their behalf in legal and/or financial matters. We'll continue this examination in today's post.

How familiar are you with powers of attorney?

When it comes to estate planning, most people are well aware of the need to execute a will or create a trust to address the disposition of their assets. While this is undoubtedly true, it's important to remember that these instruments are just part of what can truly be called a comprehensive estate plan.

Indeed, those looking to make sure that they have everything covered in the event of their untimely demise or sudden incapacity will need to consider the execution of guardianships (if they have minor children), health care directives and, of course, powers of attorney.

Understanding business formation: General partnerships - II

In a previous post, we began discussing how nascent entrepreneurs here in Utah will need to make a host of important decisions when they decide to bring a product or service to market from the financial and the tactical to the logistical and, of course, the legal.  

Regarding this last point, we began discussing how entrepreneurs have a host of business formation options here in Utah and how many elect to go with the platform of the general partnership. We'll continue this discussion in today's post, providing more background information about this method of organizing a for-profit business.

How an attorney can help if your estate plan gives you trouble

Given all of the complexity of life, it is no wonder that all of assets, property, items, valuables, heirlooms and other things that we collect in our years on this planet create a complicated web. The items we have are just one side of the estate plan equation. There are also the people that we know, the people that we love, and the family members that we cherish on the other side. These relationships and these items, together, make up the basis for how we decide to distribute our property when it is our time to pass on to the next life.

Estate planning is a very important issue, but that doesn't mean it is an easy or simple task. A lot goes into planning your estate, and there a lot of contingencies that you have to plan for and plenty of provisions that you need to include to ensure that your will, your trusts, and your estate plan as a whole are proper, compliant and adequately reflect your last wishes.

Understanding business formation: General partnerships

When a group of individuals comes together with a plan to market a product or provide a service for which they believe there is consumer demand, they will be confronted almost immediately with the need to make a multitude of important decisions.

For instance, these budding entrepreneurs will have to decide where they want to set up operations, how many people they need to hire and whether it will prove necessary to secure a loan. Outside of these logistical and financial matters, there are also many legal issues that must be addressed, including how they would like to organize their for-profit business.

Prescriptive Rights Presumed if Use Over Twenty Years

To establish a prescriptive easement, a person must show, "by clear and convincing evidence," Buckley v. Cox, 247 P.2d 277, 279-80 (Utah 1952), that his "use of another's land was open, continuous, and adverse under a claim of right for a period of twenty years." Valcarce v. Fitzgerald, 961 P.2d 305, 311 (Utah 1998); see also Orton v. Carter, 970 P.2d 1254, 1258 (Utah 1998). However, "once a claimant has shown an open and continuous use of the land under claim of right for the twenty-year prescriptive period, the use will be presumed to have been adverse." Id. The burden then shifts to the property owner who opposes the easement to "establish[] that the use was initially permissive." Id. at 311-12. Each of the elements of prescriptive easement must be proven by clear and convincing evidence. Lunt v. Lance, 2008 UT App 192, ¶ 18, 186 P.3d 978.

Issues with titles can become serious legal headaches

When you own land or a home, you will obviously be very familiar with the term "title." A title is a legal right of ownership for a particular piece of property. Title can be referred to in many different contexts, but you really only hear the terms used in relation to cars and real estate. Having a title is very valuable, giving you the right to do what you want with a piece of property.

However, not every title is "clean." When a title is clean, it means the title holder has nothing to worry about in terms of other people claiming a right to the property. But if the title isn't clean, then the title holder could be in for some serious legal headaches.

Commercial lease particulars: multifaceted considerations

No successful business entity in Utah or anywhere else across the United States would consider involvement in a transaction of any complexity without having solid legal acumen at hand to identify and gauge risk, as well as to mitigate it to the fullest extent possible.

And the reason for a well-considered and prudent approach is obvious. As noted in one business-related overview, "You may be a savvy business entrepreneur, but the legal world can be tricky."

How to file a complaint against homeowner's association board member


Owning a home is often considered an essential part of the American dream, but sometimes your neighborhood’s homeowner’s association board seems determined to turn the dream into the great American nightmare. Conflicts with a homeowner association board member can usually be solved civilly, but occasionally a conflict or abuse of power is such that taking official action is the most reasonable course of action. If and when such a measure is necessary, it is helpful to know the proper procedure for filing an official complaint against a troublesome board member of your homeowner’s association or unit owner in Nevada.

Establish residency thoughtfully


Crafting an estate plan is a vital tool for those seeking to preserve their assets as they age. Due to the varying tax considerations of different states, determining where you may be relocating for retirement or for late-life care can have significant implications for your estate plan and your assets’ protection.