Author Archives: Brett Hastings

Duties of a Personal Representative in Utah Probate Court

As a personal representative in Utah probate court, you are responsible for managing the estate of a deceased individual. This includes tasks such as locating and inventorying the deceased person’s assets, paying any outstanding debts and taxes, and distributing the … Continue reading

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Member-Managed or Manager-Managed

One of the decisions that must be made when a LLC is formed is whether the LLC should be member‑managed or manager-managed. Continue reading

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What Deeds Do.

Transferring ownership in real estate from one party to another is typically accomplished by signing a deed.  However, there are several different types of deeds, each of which serve varying purposes.  This article briefly describes the most common deeds and … Continue reading

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What a Lawsuit Looks Like.

Typical steps of civil litigation in Utah. Continue reading

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Can I Get Attorney Fees? Maybe.

One of the most common questions a client asks when considering whether to file a lawsuit is “can I get an award for attorney fees?”  The answer to this question is a very unsatisfying “maybe.”  As a general rule, in … Continue reading

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Am I Married, or Not?

In the United States and around much of the world, the institution of marriage is recognized and promoted by providing married couple with specific benefits and rights regarding their spouse.  These rights include the right to inherit, the right to … Continue reading

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I Agreed to WHAT?

The Duty of Good Faith and Fair Dealing Most people understand that when they sign a contract, they are bound by the agreements and obligations written in the contract. However, what most people don’t realize is that, in Utah, “all … Continue reading

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What is “Probate?”

Most people have heard the word “probate,” but may not be sure what, exactly, a probate is. Probate refers to the court proceedings and processes required by state law to pass a person’s “estate” to those designated to receive it. … Continue reading

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The Power of the “Power of Attorney”

A “Power of Attorney” is an important legal document that grants to another person the legal right and ability to act on your behalf. Powers of attorney can be broad or narrow, depending on your needs.  A “general” power of … Continue reading

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Know Before You Rent!

With the advent of the sharing economy and websites such as and, many people have considered renting their primary or second residences to supplement income or defray maintenance expenses.  This practice can lead to disputes with neighbors and … Continue reading

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