Author Archives: Brett Hastings
Collecting a Judgment in Utah
You won your case and received a civil judgment . . . congratulations! However, your work is not yet complete. Although you won a judgment, the Courts do not collect the judgment for you, that’s your job. Collecting a civil … Continue reading
Adverse Possession in Utah
In Utah, adverse possession is a legal doctrine that allows a person to gain ownership of another person’s property by openly occupying and using it without the owner’s permission for a certain period of time. To establish a claim of … Continue reading
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
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
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
What a Lawsuit Looks Like.
Typical steps of civil litigation in Utah. Continue reading
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
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
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
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