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Should a power of attorney be part of your estate plan? In most cases, yes, and having a conversation with a local Draper, Utah power of attorney lawyer can help you understand exactly how this document can protect you, your estate, and your family. more What a Power of Attorney Does You might think of your entire estate plan as something that only comes into play at your death. A power of attorney is something that can become valid while you're still alive, yet it's key to your estate plan. It names someone you trust, known as your agent, to handle decisions for you if you cannot speak for yourself. If you should be legally incapacitated for whatever reason (often because of accident or illness), your family would face a court process just to get the authority they need to pay your bills, finish a real estate sale you were in the middle of, or even talk to your doctors. That process takes time, costs money, and puts a judge in charge of choices for you. Financial Power of Attorney The agent you name with this power can manage your bank accounts, pay taxes, handle real estate, or deal with insurance. To consider how important this is, just think about your ordinary week. Mortgage payments come due. Property taxes arrive. Investment accounts need attention. Medical bills show up. If an accident or sudden illness leaves you unable to sign a check or talk to a bank, those obligations don't stop, and even if your spouse or adult child knows what you would want, they often can't do any of it without written authority. Medical Power of Attorney This person can make medical decisions for you when you're no longer able to make them yourself. Many people assume they can wait until health problems appear to set this up, but capacity is the problem with that plan. Once a doctor or court decides you can no longer understand a document, you lose the legal ability to create one. To have a say in your medical treatment and make sure it actually follows your wishes, your family may have to petition the court, gather medical evidence, notify relatives, and attend hearings. Meanwhile, the doctor or hospital will just do what they want. Creating the documents while you are healthy lets you avoid all of that. Setting Limits With a power of attorney, you can give broad authority or restrict it to specific tasks. You can name successor agents in case the first choice cannot serve. You can require the agent to report to other family members. In short, you stay in control. Working with a lawyer is the smart play here, because online forms are very limited and may not even follow Utah law. It's important that you be able to write your POA's authority precisely as you want it and know your directions will be accepted under the law. Talk to a Draper, Utah Power of Attorney Lawyer Visit us today at Coulter ▪ Tateoka in Draper, UT to schedule a consultation on your estate. Access experienced help from attorneys familiar with Utah law, who have been helping families in our area protect their legacy for generations.

Dealing with a vendor who fails to deliver as promised can disrupt your entire operation and cost you significant time and money. As a small business, your margins are already thin, and you may feel your options are limited, but a local Draper small business lawyer can make a real difference in protecting your business interests. more Ask a Small Business Lawyer: How Do I Deal With Vendor Breach of Contract? Reviewing Together with your lawyer, you'll pull out the original signed contract and any documents that form part of the agreement. The goal is to confirm exactly what the vendor promised to deliver, when, and under what standards. We'll pay close attention to clauses covering performance deadlines, quality requirements, notice procedures, cure periods, and any pre-agreed remedies or dispute processes. Identifying Next we have to be very clear about what the breach actually is. A breach of contract occurs when one party does not fulfill its obligations, but there are different types of breaches. The real question is whether this is a “material” breach. When a failure goes to the heart of the deal and prevents you from getting the benefit you expected, it typically qualifies as material. If it's just a minor issue, your claim will be more limited; a material breach is what will warrant pursuing the vendor for compensation. Building Your lawyer will work with you to gather and organize every piece of evidence, including (but not limited to): The original contract All invoices and proof of payments Delivery records or tracking A complete log of communications, including dates, times, and summaries Any internal notes about how the failure has affected your business Proof of all extra costs for rush orders, lost sales, or customer complaints Writing Most contracts require or strongly encourage you to give written notice before taking any other step, and even without that requirement, a clear written message creates a record and often starts any cure period running. In the notice, your lawyer will identify the specific contract sections the vendor violated, describe the facts with dates and details, state exactly what you want them to do to fix it, and set a reasonable deadline. In most cases, it's best to close by reserving all your rights if they do not respond appropriately. Negotiating Many vendor issues can be resolved through direct discussions once both sides see the facts clearly. There may also be a clause in your contract requiring that you engage in negotiations or mediation before taking legal action. Your lawyer will help you prepare some practical fixes to suggest that might get things back on track, especially if you'd like to keep the business relationship. Talk to Us in Draper, UT Today Acting quickly always puts you in the strongest position to resolve a vendor breach on favorable terms. Contact us now at Coulter and Tateoka, attorneys at law in Draper, UT for help with this or any other small business matter. We serve clients throughout Utah and the West.

Gestational surrogacy has become an increasingly important pathway for families in Draper, Utah and throughout the surrounding Salt Lake County area who are unable to conceive naturally. While the medical process takes place through IVF, the legal framework is what ensures that intended parents are fully protected from the beginning. At Coulter-Tateoka, we help families navigate the legal side of surrogacy with clarity, confidence, and security. Whether you are beginning your journey or already matched with a surrogate, our role is to ensure your parental rights are fully established under Utah law. If you are considering surrogacy, call 801-938-8402 today or reach out through our contact form to speak with a surrogacy attorney in Draper, Utah. more What Is Gestational Surrogacy? Gestational surrogacy is a process where a woman (the gestational carrier) carries a pregnancy created through IVF, using an embryo that has no genetic connection to her. This process is commonly used by: Couples facing infertility Same-sex couples building families Individuals with medical conditions preventing pregnancy Intended parents using donor eggs or sperm Because surrogacy law varies by state, working with an experienced Utah surrogacy lawyer is essential to ensure legal parentage is properly established. If you are exploring your options, call 801-938-8402 or contact us today to discuss your situation with a legal professional. Why You Need a Gestational Surrogacy Attorney in Utah Surrogacy is not just a medical journey—it is a legal process that requires precise documentation and court approval. Without proper legal structure, intended parents risk delays or even challenges to parental rights. A qualified gestational surrogacy attorney in Draper, Utah helps ensure: Parental rights are established before birth Agreements comply with Utah law All parties understand their legal responsibilities Medical and legal timelines stay aligned To begin protecting your family’s future, call 801-938-8402 or reach out through our contact form today. Intended Parent Representation in Utah Surrogacy Cases One of the most critical legal services in surrogacy is intended parent representation services, which ensures that the legal rights of the future parents are fully protected throughout the process. At Coulter-Tateoka, we help intended parents: Draft and review surrogacy agreements Coordinate with fertility clinics and agencies Protect parental rights from embryo transfer through birth Ensure compliance with Utah surrogacy statutes Learn more about intended parent representation services on our website. If you are ready to move forward, call 801-938-8402 or contact us for a confidential consultation. Parentage and Pre-Birth Orders in Utah A crucial step in any gestational surrogacy case is securing parentage and pre-birth orders, which legally establish the intended parents as the child’s legal parents before or immediately after birth. This process helps: Avoid custody complications at the hospital Ensure both parents are listed on the birth certificate Provide immediate legal certainty at delivery Utah courts are generally favorable toward properly structured surrogacy agreements, but legal precision is still required. To protect your parental rights, call 801-938-8402 or reach out through our contact form today. You can also learn more about this process on our parentage and pre-birth orders page. The Legal Risks of Surrogacy Without Proper Representation While gestational surrogacy is increasingly common in Utah, families who proceed without legal guidance can face serious risks such as: Delayed or denied parental rights Disputes over custody or intent Improper or incomplete surrogacy contracts Hospital complications at delivery Working with an experienced estate planning and family law firm in Draper, Utah ensures every legal step is handled correctly from the start. Call 801-938-8402 immediately or contact us today before moving forward with your surrogacy arrangement. Emotional Peace of Mind for Intended Parents Beyond legal protection, surrogacy law is about peace of mind. Many intended parents describe the process as emotionally overwhelming at first—filled with hope, anxiety, and anticipation. But once legal protections are in place, that uncertainty is replaced with confidence. Instead of worrying about paperwork or parental rights, you can focus on preparing for your child’s arrival, knowing everything is legally secure. That peace is exactly what Coulter-Tateoka strives to provide. Why Choose Coulter-Tateoka in Draper, Utah Families throughout Draper and Salt Lake County trust our firm because we provide: Deep experience in Utah surrogacy law Personalized legal guidance for each family Clear communication throughout the entire process Strong protection of parental rights Efficient coordination with fertility professionals Whether you are local to Draper or traveling to Utah for surrogacy services, our team is ready to support your journey. Call 801-938-8402 or contact us today to get started. Frequently Asked Questions About Gestational Surrogacy What is gestational surrogacy in Utah? It is a legal and medical process where a surrogate carries a baby created through IVF with no genetic link to her. Do I need a lawyer for surrogacy in Utah? Yes. A surrogacy attorney ensures your parental rights are protected and legal agreements are enforceable. What are parentage and pre-birth orders? They are court orders that establish the intended parents as the legal parents before or at birth. How long does the surrogacy legal process take? Timelines vary, but legal contracts and court orders are typically completed before or during early pregnancy. Can out-of-state parents use Utah surrogacy laws? Yes. Many intended parents choose Utah for its favorable surrogacy legal structure. Start Your Surrogacy Journey with Confidence Gestational surrogacy is one of the most meaningful journeys a family can take—but it requires strong legal protection from the very beginning. At Coulter-Tateoka in Draper, Utah, we are here to ensure your rights are secure, your process is smooth, and your future as a parent is legally protected. Call 801-938-8402 today or reach out through our contact form to schedule your consultation. Your path to parenthood deserves clarity, protection, and peace of mind—and our firm is here to help you every step of the way.

Planning for the future is one of the most important steps you can take to protect your family, your property, and your wishes. If you are comparing a living trust vs. will in Utah, Coulter & Tateoka can help you understand which estate planning tools fit your goals. Call 801-938-8402 or contact our Draper estate planning lawyers to discuss your options. Many people know they need an estate plan, but they are not sure where to start. Some assume a will is enough. Others hear that a living trust can help avoid probate, but they are not sure if the added planning makes sense for their family. The right answer depends on your assets, your family structure, your privacy concerns, and how much control you want over the transfer of your property. At Coulter & Tateoka, we help individuals and families in Draper, Sandy, South Jordan, Lehi, Salt Lake County, Utah County, and surrounding areas create estate plans that are clear, practical, and tailored to their needs. more What Is the Difference Between a Living Trust and a Will? A will is a legal document that explains who should receive your assets after you pass away. It can also name a guardian for minor children and appoint a personal representative to manage your estate. A living trust, often called a revocable living trust, is a legal arrangement that allows you to transfer assets into a trust during your lifetime. You can usually serve as your own trustee while you are alive and capable. After your death or incapacity, a successor trustee manages or distributes the trust assets according to your instructions. The biggest difference is how each document works after death. A will generally goes through probate. A properly funded living trust may help your family avoid probate for assets held in the trust. Utah Courts explain that probate is the legal process of settling an estate, and Utah’s small estate affidavit process is limited to certain estates under $100,000 with no real property. What Is a Will in Utah? A will gives written instructions for how you want your property handled after death. It can name beneficiaries, identify who should manage your estate, and state who you want to care for your minor children. A will may be a good fit if you have a smaller estate, limited assets, or a straightforward family situation. However, a will does not automatically keep your estate out of probate. If your property needs court administration, your family may still need to go through the Utah probate process. A will can help you: Name beneficiaries for certain assets Choose a personal representative Name guardians for minor children Leave instructions for personal property Create a basic estate planning foundation A will is often part of a complete estate plan, even when a client also has a living trust. For example, many trust-based plans include a pour-over will, which is designed to move certain remaining assets into the trust after death. For help reviewing or preparing a will, visit Coulter & Tateoka’s Trusts & Wills page. What Is a Living Trust in Utah? A living trust is designed to hold and manage assets during your lifetime and after your death. In many cases, a revocable living trust allows you to keep control while you are alive, make changes when needed, and appoint someone you trust to step in if you become incapacitated or pass away. A living trust can be especially useful for Utah homeowners, business owners, blended families, families with minor children, and people who want to keep estate matters more private. A living trust may help you: Avoid probate for properly funded trust assets Keep estate matters more private Plan for incapacity Create smoother asset transfers Reduce delays for loved ones Provide structured inheritance instructions Protect family harmony by reducing uncertainty Coulter & Tateoka notes that comprehensive estate planning, including a living trust, can help avoid probate, unnecessary court costs, and keep personal affairs private when properly prepared and funded. Living Trust vs. Will: Which One Avoids Probate? This is one of the most common estate planning questions: Does a living trust avoid probate better than a will? In many cases, yes. A properly funded living trust can help avoid probate for assets titled in the trust. A will, by contrast, often requires probate before assets can be distributed. The key phrase is properly funded. Creating a trust document is not enough by itself. Assets usually need to be retitled or assigned to the trust. If you create a trust but leave major assets outside of it, your family may still face probate. Coulter & Tateoka specifically notes that if you have already executed a trust, the trust alone may not avoid probate. The key is properly funding the trust. When a Will May Be Enough A will may be enough for some Utah residents, especially when the estate is simple and there are few assets that would require probate. A will can also be a more direct starting point for younger adults, unmarried individuals, or people who are creating their first estate plan. A will may make sense if: You have limited assets You do not own real estate Your beneficiary designations are current You mainly need to name a guardian for minor children You want a simple estate planning document Your family situation is straightforward However, “simple” does not always mean “safe.” A will still needs to be drafted properly, updated when life changes, and coordinated with beneficiary designations, jointly owned property, retirement accounts, life insurance, and other estate planning documents. When a Living Trust May Be Better A living trust may be better when you want more control, privacy, and probate avoidance. For many families in Draper and throughout Utah, a trust-based estate plan provides a more complete structure than a will alone. A living trust may be a better fit if: You own a home or other real estate in Utah You own property in more than one state You want to reduce the risk of probate delays You want your estate plan to stay more private You have minor children or young adult beneficiaries You have a blended family You want to plan for incapacity You own a business You want to control how and when beneficiaries receive assets You want to reduce confusion for your loved ones A living trust can be especially valuable for families who want more than a one-time transfer of assets. For example, parents may want children to receive funds at certain ages or for specific purposes, such as education, housing, or health needs. Living Trust vs. Will for Utah Homeowners For many Utah families, the home is the most valuable asset in the estate. If you own a home in Draper, Sandy, Riverton, South Jordan, Lehi, Herriman, Salt Lake City, or another Utah community, your estate plan should clearly address what happens to that property. A will can say who should receive your home, but the property may still need to pass through probate before the transfer is complete. A living trust can help avoid that issue when the home is properly titled in the trust. This matters because probate can create delay, paperwork, court involvement, and added stress for surviving family members. A properly prepared trust can make the transfer process smoother. Living Trust vs. Will for Parents With Minor Children Parents often focus on one question first: Who will care for my children if something happens to me? A will is commonly used to name a guardian for minor children. That is one reason many families still need a will, even if they also create a living trust. A living trust can then provide the financial structure. Instead of leaving assets directly to children, the trust can explain how funds should be managed, who should manage them, and when children should receive distributions. For families with young children, a complete plan may include: A will naming guardians A revocable living trust Powers of attorney Health care directives Beneficiary designation reviews Instructions for trustee management Guardianship planning if needed Coulter & Tateoka’s estate planning services include related planning areas such as Guardianship & Conservatorship, which may be important for families planning for children or vulnerable adults. Living Trust vs. Will for Blended Families Blended families often need more detailed estate planning. A simple will may not address every concern when there are children from prior relationships, remarriage, shared property, separate property, or concerns about future disputes. A living trust can help clarify: Which assets go to a surviving spouse Which assets go to children from a prior relationship Whether distributions happen immediately or over time Who controls trust assets after death How to reduce conflict between beneficiaries What happens if a spouse remarries Without careful planning, families can face confusion, resentment, or litigation. A trust can provide more detailed instructions than a basic will and may reduce the risk of disagreements later. Living Trust vs. Will for Business Owners Business owners often need more than a simple will. If you own a Utah business, your estate plan should address what happens to your ownership interest, who has authority to act, and whether the business can continue operating during incapacity or after death. A living trust may help create continuity. It can work with operating agreements, buy-sell agreements, business succession plans, and other legal documents. Coulter & Tateoka also provides guidance for Business Succession Planning, which can be especially important for entrepreneurs, family businesses, and closely held companies in Utah. Does Everyone Need a Living Trust? Not everyone needs a living trust, but many people benefit from one. The decision should not be based on a generic rule. It should be based on your estate, your family, and your goals. You may not need a living trust if your estate is very small, you do not own real estate, and your assets already pass through beneficiary designations or joint ownership. But even then, you may still need a will, powers of attorney, and health care documents. You may benefit from a living trust if you own real estate, want privacy, want to avoid probate, have minor children, own a business, have a blended family, or want more control over inheritance. The best approach is to speak with a Utah estate planning attorney who can review your situation and explain your options. Common Mistakes People Make With Wills and Trusts Many estate planning problems happen because people use incomplete documents, outdated forms, or plans that do not match their real-life assets. Common mistakes include: Creating a trust but never funding it Relying on an old will after marriage, divorce, birth, or death in the family Forgetting to update beneficiary designations Naming the wrong person as trustee or personal representative Failing to plan for incapacity Leaving real estate out of the plan Using online templates without Utah-specific guidance Not addressing blended family concerns Failing to review the plan after major asset changes Coulter & Tateoka recommends reviewing estate planning documents when they are more than two years old, especially if relationships, beneficiaries, financial assets, or guardianship appointments have changed. What Documents Should Be Included in a Utah Estate Plan? A strong estate plan often includes more than one document. Depending on your needs, your plan may include: A last will and testament A revocable living trust A pour-over will Durable power of attorney Health care directive HIPAA authorization Guardianship nominations Trust funding documents Business succession documents Beneficiary designation updates The goal is not just to decide who gets what. A well-built estate plan should help your loved ones understand what to do, reduce unnecessary conflict, and protect your wishes if you become incapacitated or pass away. How Coulter & Tateoka Helps With Wills and Living Trusts in Draper, UT Coulter & Tateoka works with individuals and families throughout Draper and nearby Utah communities to create estate plans that are practical, clear, and built around the client’s goals. The firm assists with: Estate planning Trusts and wills Revocable living trusts Probate avoidance planning Trust administration Probate and estate administration Trustee and personal representative representation Beneficiary and heir representation Guardianship and conservatorship Business succession planning If you already have a will or trust, the firm can also review your existing documents and help determine whether updates are needed. Learn more about the firm’s Estate Planning & Trusts services. Living Trust vs. Will: Which Should You Choose? A will may be the right starting point if your estate is simple and you mainly need to name beneficiaries, appoint a personal representative, and choose guardians for minor children. A living trust may be the better option if you want to avoid probate, protect privacy, plan for incapacity, manage real estate, provide structured inheritance, or reduce the burden on your family. For many Utah families, the strongest plan includes both. A living trust handles trust assets and long-term instructions, while a will covers guardianship and assets that may not have been transferred into the trust. The most important step is not choosing a document based on what you read online. The most important step is creating a plan that actually works for your family, your property, and Utah law. Speak With a Draper Estate Planning Lawyer About Living Trusts and Wills If you are deciding between a living trust and a will in Utah, Coulter & Tateoka can help you make a confident, informed decision. The right estate plan can protect your family, reduce confusion, and give your loved ones clear instructions when they need them most. Call 801-938-8402 today or contact Coulter & Tateoka online to schedule a consultation with a Draper estate planning lawyer. Whether you need a will, a living trust, a trust review, or a complete estate plan, the firm can help you take the next step.

Blended families often need more than a basic will. If you are remarried, have children from a prior relationship, share property with a spouse, or want to protect both your spouse and your children, your estate plan needs to be clear and carefully structured. Coulter & Tateoka helps families in Draper, UT and surrounding areas create estate plans that protect spouses, children, stepchildren, assets, and long-term wishes. Call 801-938-8402 or visit the firm’s contact page to speak with a Draper estate planning lawyer. more Why Blended Families Need a Strong Estate Plan Estate planning for blended families in Utah can be more complex than planning for a traditional family structure. In many blended families, there are competing concerns. You may want to provide for your current spouse while also making sure your children from a prior marriage receive the inheritance you intend for them. Without a clear estate plan, your wishes may not be followed the way you expect. Assets may pass to the wrong person, children may be unintentionally left out, or surviving family members may end up in disputes over property, money, or decision-making authority. A strong estate plan can help answer important questions, including: Who receives the family home? Will children from a prior relationship inherit? Are stepchildren included in the plan? How will your spouse be supported? Who manages assets for minor children? What happens if your spouse remarries? Who makes financial or medical decisions if you become incapacitated? For blended families, clarity matters. The more clearly your plan explains your wishes, the easier it may be for your loved ones to avoid confusion later. Common Estate Planning Challenges for Blended Families Blended family estate planning often involves sensitive personal and financial decisions. A simple will may not be enough if you have children from a prior marriage, jointly owned property, retirement accounts, business interests, or minor children. One common concern is protecting children from a previous relationship. If all assets pass outright to a surviving spouse, those children may not receive the inheritance you intended. Even when everyone has good intentions, life changes. A surviving spouse may remarry, change their own estate plan, spend the assets, or leave property to different beneficiaries. Another concern is stepchildren. In many families, stepchildren are loved and treated as children, but estate planning documents need to be specific. If you want a stepchild to inherit, your plan should say so clearly. The family home can also create tension. A spouse may want to keep living in the home, while children may view the home as part of their inheritance. Your estate plan can explain whether the spouse may remain in the home, who pays expenses, when the home should be sold, and who receives the proceeds. Wills vs. Trusts for Blended Families Many blended families ask whether they need a will, a trust, or both. The answer depends on your goals, assets, and family structure. A will allows you to name beneficiaries, appoint a personal representative, leave instructions for property, and name guardians for minor children. A will is important, but it may still need to go through probate. A living trust can provide more control. A trust may allow you to avoid probate for properly funded assets, protect privacy, manage distributions, and create specific instructions for how your spouse, children, or stepchildren receive assets. For many blended families in Draper and throughout Utah, a trust-based estate plan may offer stronger protection than a will alone. A trust can help you provide for your spouse during their lifetime while preserving remaining assets for your children after your spouse passes away. How a Trust Can Protect Your Spouse and Children A trust can be especially useful when you want to balance the needs of your spouse and children. Instead of leaving everything outright to one person, a trust can set rules for how assets are used and distributed. For example, your trust may allow your spouse to use certain assets during their lifetime, while making sure remaining property later passes to your children. You can also decide who manages the trust, when distributions happen, and how beneficiaries receive their inheritance. A trust can help with: Protecting children from a prior marriage Providing financial support for a surviving spouse Reducing probate complications Keeping estate matters more private Managing inheritance for minor children Clarifying stepchild inheritance Protecting beneficiaries who may need financial guidance Reducing family disputes after death This type of planning is especially important for remarried couples, blended families with real estate, and parents who want to avoid leaving their children’s inheritance uncertain. Key Estate Planning Documents Blended Families Should Consider A complete estate plan often includes more than one document. Depending on your situation, your plan may include: A revocable living trust A last will and testament A pour-over will A durable power of attorney A health care directive Guardianship nominations for minor children Beneficiary designation updates Trust funding documents Special needs or supplemental needs trust planning Business succession planning These documents work together. Your will, trust, powers of attorney, and beneficiary designations should not conflict with each other. This is one reason it is important to work with a Draper estate planning attorney instead of relying on generic online forms. Mistakes Blended Families Should Avoid Blended families can face problems when estate plans are outdated, incomplete, or too vague. Some of the most common mistakes include: Leaving everything to a spouse without protecting children from a prior marriage Forgetting to include stepchildren by name Failing to update beneficiary designations Creating a trust but never funding it Using an old will from a prior marriage Not planning for incapacity Ignoring the family home Choosing the wrong trustee or personal representative Failing to plan for minor children Not reviewing the estate plan after remarriage, divorce, birth, death, or a major asset change These mistakes can lead to probate issues, family conflict, and outcomes that do not reflect your wishes. When Should You Update Your Estate Plan? Blended families should review their estate plans regularly. You should consider updating your plan after marriage, divorce, the birth or adoption of a child, the death of a spouse or beneficiary, the purchase of a home, a business change, or a major shift in family relationships. You should also review your estate plan if your documents are several years old. Your family, assets, and goals may have changed since the plan was first created. Talk to a Draper Estate Planning Lawyer for Blended Families Your blended family deserves an estate plan that reflects your real life, not a generic template. With the right plan, you can protect your spouse, provide for your children, include stepchildren if desired, reduce family conflict, and make your wishes easier to follow. Coulter & Tateoka helps families in Draper, UT, Salt Lake County, Utah County, Sandy, South Jordan, Lehi, Herriman, Riverton, and nearby areas with wills, trusts, estate planning, probate planning, guardianship, and related legal matters. Call 801-938-8402 today or visit our contact page to speak with a Coulter & Tateoka's attorney and start building an estate plan that protects your blended family.

Given the spreading coronavirus, Coulter * Tateoka Attorneys at Law wants to do its part to help to contain the spread and to follow social distancing guidelines. We want to safeguard the health of our clients and our hard-working staff. To protect everyone from any unnecessary risk of exposure to coronavirus (COVID-19), we are following these guidelines: Future appointments can be conducted by telephone or videoconferencing. You can choose to make an in-person appointment at our small, private law firm location, which has limited public traffic. We ask that if you're feeling ill, you meet with us remotely and that you do not bring any children with you. We routinely clean and sanitize our office surfaces and workplace. Our staff also will not come into work if they show any signs of illness. Rest assured that our team remains committed to providing you with high-quality legal services. At this time Utah courts are still open and functioning; however, access to the courthouses, hearings and trials are limited and status is subject to change. These safety precautions will continue as long as needed and we encourage you to contact us if you have any questions or concerns or would like to schedule an appointment. We appreciate your business and support!

Learn and prepare for: Funeral Planning Financial Planning Trust and Will Planning Seminar will be held at: Broomhead Funeral Home 12590 Mcdougal Dr, Riverton, Utah 84065 Date and time: Saturday, March 14at 2:30pm How to register for event? Join this seminar by following the link http://on.fb.me/1ClgAzD

Surrogacy can often be the only option for couples who want to have children but are physically unable to do so on their own. While there are many success stories of new happy families and surrogates who are glad they had the opportunity to help out, complications in other surrogacy arrangements have led the surrogacy process as a whole to be called into question. In one high-profile case in Australia, two couples who had been lifelong friends entered into a surrogacy arrangement. They were so close that the couple who was unable to have children were the godparents for the children of the other couple. The mother who was unable to have children suffered from a heart condition that made pregnancy too risky and had been considering finding a surrogate overseas. When her friend learned of this, she wouldn't have it and insisted on acting as the surrogate. The two couples completed the usual medical and background checks, and everything appeared to be going well after the surrogate underwent in vitro fertilization. Trouble arose later in the pregnancy when the surrogate was no longer able to complete everyday tasks. She felt like her friends weren't helping her enough with household chores she couldn't complete on her own, with caring for her own kids, and with various expenses like maternity close. The disputes continued into the delivery room when the couples couldn't even agree on how to announce the birth or what photos should be taken. Eventually, the surrogate was reimbursed for most of her expenses, but she later became outspoken in favor of commercial surrogacy, calling it the only way to ensure that the surrogate was protected. Commercial surrogacy has been widely criticized as being almost like another form of prostitution. The fear is that poor women, especially from developing countries, will be exploited by richer couples who are unable to have children of their own. While surrogacy may be controversial, it is similar to other debates about freedom of choice and how much protection people need. In any system without regulation, there is a risk that people will be so concerned with their own gain that they disregard potential harm to others and disputes may be difficult to regulate without a proper framework in place. This doesn't mean that surrogacy should be avoided just because certain aspects of it may be debatable. As it grows in popularity, governments are increasingly passing regulations to try to avoid repeats of prior complications. Australia has banned commercial surrogacy as a way to prevent exploitation, and they are continuing to put regulations in place to protect the health of all those involved in the process. Surrogacy Laws in Utah In the United States there are no federal regulations regarding surrogacy arrangements. Laws are passed at the state level and vary greatly state to state. Utah's surrogacy laws were based on this model act and can be found in Utah Code Ann. §§ 78-45g-801 to 809. The law outlines requirements for both the surrogate and intended mother to be able to enter into a surrogacy arrangement. Requirements for the Utah surrogate: Must have had at least one prior pregnancy and delivery May not use her own eggs May not use her husband's sperm Must be age 21 or older Must participate in counseling Must have been a Utah resident for at least 90 days prior to entering into the agreement Cannot be receiving Medicaid or other state assistance at the time of the agreement Requirements for the intended mother: Must show that she is unable to carry a pregnancy or give birth At least one of her or her husband must provide gametes Must be age 21 or older Must participate in counseling Must have been a Utah resident for at least 90 days prior to entering into the agreement Establishing a Surrogacy Agreement in Utah In Utah, a surrogacy agreement is legally binding as long as the legal requirements have been met. Unlike in other jurisdictions, the surrogate cannot later decide to keep the child for herself. The primary requirement is that the agreement be validated in court. This allows the court to ensure that the requirements for a surrogacy arrangement have been met. An agreement that has not been validated is not enforceable, and parental rights and obligations will be determined under Utah's Uniform Parentage Act. The Uniform Parentage Act was a model law initially passed in 1973 to give legitimacy to children not born to a married mother and father. Subsequent amendments added provisions for identifying the legal parents in surrogacy arrangements and other special circumstances. A Utah Surrogacy agreement may provide for compensation to the surrogate, but it must be reasonable. This might include things like out of pocket expenses, someone to help the surrogate around the house late in pregnancy, and possibly compensation for unpaid time off from work. A "for-profit" type of arrangement would not be approved. While the intended parents have full parental rights after birth, the surrogate has full control over her healthcare decisions during the pregnancy. This may include, if medically necessary, the decision whether to terminate the pregnancy. One important note is that Utah's requirement that the intended parents be married limits surrogacy agreements to heterosexual couples. While there is no explicit ban under the surrogacy laws, state law does not permit same-sex marriage, and thus a homosexual couple cannot meet the marriage requirements. Utah courts have previously ruled against equal parental rights for homosexual couples. Cost of Surrogacy Surrogacy can take two forms. Traditional surrogacy is where the surrogate's own egg is inseminated, and gestational surrogacy is where a woman is implanted with an embryo that does not use her own eggs. Because Utah does not allow the surrogate to use her own eggs, it forces couples to use gestational surrogacy. Since this method requires medical treatment for two women instead of one, the costs can be as much as $13,000 - about 1.5 times the cost of in vitro fertilization. Uncovered Areas Although it may seem like Utah's surrogacy laws are well-developed, they are still relatively new and don't cover every possible circumstance. Most notably, the law allows a surrogate to terminate the agreement by providing written notice before she becomes pregnant without being liable. In at least two instances, this happened after the intended parents had spent thousands of dollars in counseling and other preparation costs and also cost them lost time and emotional distress. Other grey areas include who has parental rights if one or both of the intended parents die during the process, who makes medical decisions if health problems in the baby are detected prior to birth, and what happens if a court invalidates a surrogacy agreement based on previously unknown information. Why Utah Parents Choose Surrogacy Despite the potential complications, many parents still opt for surrogacy, and it may often be their only option for having children. Even though adoption may be available, the child would not be genetically related to them. Reasons for choosing surrogacy include failed attempts at in vitro fertilization, abnormal or absent uterus, repeated miscarriages, and health conditions that would make carrying a pregancy or giving birth dangerous. And for every horror story that winds up in the courts, there are dozens of other positive outcomes. One Australian girl learned when she was 15 that she was born without a womb and would be unable to have a child of her own. Her sister promised her that when the time came, she would carry a child for her. When the time did come, with both sisters happily married, they did just that and received both psychological and legal counseling along with their husbands to make sure the process would go smoothly. Everything did go according to plan, and after the baby was born, the sisters said that they felt closer to each other than ever before. How to Protect Yourself While Using a Surrogate Mother As you've probably seen, surrogacy is the most legally complicated assisted reproduction option. This simply comes from the number of parties involved and the length of the arrangement. Rather than an anonymous donor or a child who is already born, the parties will be involved in the process from long before conception until after birth. Because of all of the conflicting rights and possible complications, surrogacy isn't just something you can jump into, and simply relying on the established laws won't fully protect your rights. No matter how close the surrogate and intended parents are, it's important to seek the advice of a Utah surrogacy attorney prior to entering into a surrogacy agreement. The goal isn't to be prepared to fight each other in court but to make sure conflicts are prevented to begin with. Discussing each aspect of the surrogacy process will make sure the parties are truly in agreement about all issues and aren't making assumptions that will lead to turmoil when they find out that they actually have a strong disagreement. It will also keep smaller disputes about things like who pays for what expenses from souring the relationship.

San Diego Comic Con, that most famous of comic book and sci-fi conventions, is in a legal battle with neighboring Salt Lake Comic Con. The suit is one of copyright infringement, as San Diego is alleging Salt Lake has capitalized on its intellectual property to enhance its own convention. The heart of the issue come down to the similarity in names, which San Diego alleges can be confusing to convention-goers. While other cities in the United States have similar conventions and call them Comic Cons, the similar sounding names of San Diego and Salt Lake were enough for San Diego to single out Utah's capitol city for suing. Salt Lake City Comic Con Hires Attorney to Represent them in Business Dispute Salt Lake is having none of it. In fact, Salt Lake has hired a lawyer from San Diego's own state of California to represent them. The organizers of the Salt Lake convention have hired Sterling Brennan, an Orange County, California attorney to defend them against San Diego's assertions that the two convention names are similar enough to cause a trademark violation. San Diego also alleges people may think the two conventions are associated with each other due to the similar names. Brennan is tasked with defending Salt Lake against these allegations and obtaining a court ruling that will allow them to retain their convention name. Brennan and those who work for him are known to be among the best intellectual property lawyers in the country. Hiring him shows that Salt Lake means business when it comes to keeping its name. In business to business disputes like this, particularly intellectual property and trademark violation lawsuits, the legal waters can often be murky. The choice of Brennan as the attorney for the case ensures Salt Lake of getting a fair trial against the larger, better known, and more powerful San Diego convention. Brennan already has a successful track record under his belt in defending these types of cases. He is perhaps best known for successfully defending the Novell corporation in retaining its ownership of the UNIX operating system name in 2012. Those who are watching the case, especially fans of the Salt Lake City convention, hope that a win for Salt Lake will set a legal precedent that will even the playing field for it and other comic book conventions across the country. If the court sides with the much newer and smaller Salt Lake convention over the older and more recognized San Diego convention, San Diego's power in the convention world will be limited to its own event. It will not have any type of power over other, similar conventions. This is exactly what the fans of Salt Lake and other small conventions want. A win for Salt Lake is a win for smaller conventions everywhere in the United States. With Brennan, they stand a good chance of getting it. The lawsuit began on August 7, 2014, when San Diego Comic Con filed its initial complaint in the U.S. District Court in Southern California. In its complaint, San Diego is seeking an injunction against Salt Lake from calling itself the Salt Lake Comic Con, and is also seeking financial damages caused by Salt Lake's use of the name to date. The organizers of the San Diego Comic Con allege that the Utah convention has been reaping the benefits of the hard work and good name of the San Diego convention by infringing upon its trademark in using a too similar name. The Salt Lake convention organizers have publicly said the lawsuit is without merit. Meanwhile, they are working with their attorney to draft an official response to San Diego's lawsuit which must be filed with the court by early September. The organizers of the Salt Lake convention would like to resolve the dispute amicably. However, they are prepared to take it to court if necessary, and to fight it all the way to the highest court that will hear the case. This goes to show how important it is to get good representation in business to business lawsuits. Salt Lake's choice of attorney may make all the difference for them. If your company is facing a business to business lawsuit, the Coulter Law Group can make all the difference for you, too.

An internal or external business dispute can wreak havoc on individuals and companies alike. Fortunately, you have several legal options for coping with a dispute in the manner best suited to your particular challenge. Amicable Resolutions Buyout - One partner in a business can buy out another's ownership in a business when differences appear irreconcilable. As is the case with so many business decisions, the best time to deal with this contingency is before the need arises. Every business partnership should have their attorneys create a formal buy-sell agreement that covers the entire process in detail. HG Legal Sources notes that when one partner offers to buy the other partner out, the second partner may have the option to reverse the request and but the first partner out instead, a situation known as "I cut, you choose." Sale - Selling the business may allow everyone involved to exit the business and see some profit at the same time. On the other hand, this process can generate plenty of fresh new disputes over how the proftis from such a sale should be divided. Selling a business can be a lengthy, challenging process. Think carefully about how long you want the resolution of your business to take; you may find that a less remunerative but faster process is more to everyone's liking. Dissolution - Dissolving a business is a relatively fast and clean form of dispute resolution. As described by the U.S. Small Business Administration, the process generally takes just 90 days and involves the submission of a one-page form to the state. While the dissolving partners will need to make vendors, contractors, and partnering businesses aware of the dissolution, they are not held accountable for each other's debts or liabilities in regard to the business. Going to Court If your dispute cannot be resolved through amicable means, it's time to go to court. Legal battles require considerable legal expertise and experience. Lawyers.com points out, for instance, that he lawsuit must be brought in the appropriate court, for instance. The complainant must also ask for a specific judgment from the court, whether it involves a financial reward or an order to cease and desist from the offending behavior. Settlements - If the parties in the dispute would prefer to cut their courtroom expenses short or avoid going to judgment, a settlement behind closed doors can put an end to the court proceedings. The party bringing the lawsuit will agree to let the other party pay less damages, while the other party may concede to some, but not all, of the business changes originally requested. Judgments - If either you or the other party in the dispute refuse to settle out of court, there is no other option but to take the case all the way to judgment. In this scenario, you'll need all the legal expertise at your disposal to make your case while weakening the opposition's case. The judge will then pronounce a verdict or guilty or not guilty and award damages. All of these options will likely call for legal assistance at some point or other. You can get your partnership off to a strong start by seeking this assistance as early as possible, especially in the structuring of the business and the creation of agreements that enable smoother operation and better communications. Contact Coulter Law Group to learn more.

In the course of doing business, it is inevitable that some businesses will fail. However, it is also incumbent on owners of small and medium businesses to study the causes of business failure in order to avoid them. Leaders in small- to medium-sized businesses are often the key factors in success. Therefore, it is also true that personal issues can lead to business failures. Business failures can often be avoided with conscientious study and proper analysis. Here is a list of common issues to watch for that lead to business failure unless corrected in time. Poor Calculations Sometimes no matter how hard we work, the supposition at the foundation of our business just does not pan out. This issue can occur when the competition is too large, unexpected circumstances change or products become obsolete. These types of problems can rarely be avoided unless the business can adapt in time. Owners that are the Problem Owners can be the problem in and of themselves. There are owners with personality defects that impede growth and success in a business. These issues can include inflated egos, poor communication skills, lack of confidence, lack of experience, avoidance of risk or even just plain stubbornness. If the owner cannot acknowledge and correct personal issues, the business may fail. Owners can ask third-party consultants to come in and assess their business to discover problems of this nature. Third-party consultants do not have an investment in the business, and can offer valuable insight without risking a job or partnership. Personnel Issues Besides the owners, other personnel are important to maintaining and growing a business. If those personal are experiencing personal issues such as depression, anger or divorce, they may not be able to give their full attention to their jobs. In small- to medium-sized businesses, personnel have a huge impact on the success of the business. Offering employees counseling or mental health days can help in these instances. Legal Issues It is unfortunate to know that sometimes businesses fail due to legal issues caused by employees or customers. Legal issues can drive a business into the ground if they are severe. If an employee is embezzling funds or committing fraud, the business can suffer a loss of reputation. Smaller ethics issues can also cause problems such as a lack of honesty when problems crop up or employees that are not willing to own up to mistakes. Other legal issues can occur when one or more employees are substance abusers or influenced by outside forces. It is crucial to offer proper training to company leadership to detect legal issues before they get too big. Poor Accounting Businesses cannot be run for long without proper accounting. It is too easy for funds to disappear or get misappropriated. Most small businesses need to budget carefully in order to keep cash flowing; therefore, poor accounting can cause a large problem in a short amount of time. Having accounting records reviewed by more than one person on a regular monthly or weekly basis can alleviate accounting problems. Lack of Cash As we have seen in the last several years, businesses are cyclical and so is the economy. All businesses need to carefully cultivate a cash cushion to help when times are tough. Financial advisors outside of the company structure can offer advice for accumulating cash resources. Overexpansion Overextending a business is one of the saddest reasons companies go under. When a business allows growth to happen too fast, it cannot always keep up with rising expenses. Business owners need to control business growth with an eye on problematic growing pains. Keeping an experienced financial advisor on retainer can help keep growth under control. Operational Issues Without proper guidance, inexperienced business owners may find themselves paying too much for rent, utilities or labor. Undefined roles and expectations can lead to important tasks slipping through the cracks. No business owner can be an expert in all parts of their business. They need to determine their own areas of expertise, and bring in experts to study how the business can become more efficient and profitable in other areas.

It seems like every day there's some new salesman on television, promoting their system for getting rich quick. They tell you that anyone can start making serious money, as long as they follow their advice, learn their secrets, and pay them quite a bit of money in the process. Usually, these kind of schemes that promise wealth overnight are just scams and not something you want to get involved in. However, if you are interested in starting up your own business, there are definitely some things you should learn that can help your new business venture be successful. These are not secrets, just principles and guidelines, and it shouldn't cost you an arm and a leg to learn them. Here are some things to remember if you're trying to find help as you start your business. Get Help from a Professional First of all, make sure you get your business advice from a professional, and not just some guy you saw on the shopping network on television. A seasoned business professional would be a great person to learn from. Also, don't forget to talk to a business lawyer. Sure, you may have a brilliant business idea. However, unless you understand the ins and outs of business law, or at least have a lawyer on your side that does, you are bound to get overwhelmed by the legal side of starting a business. Take a Minute to Learn about the Law If you take the time to sit down with a business lawyer, he or she can walk you through the basics of laws pertaining to your new business and help you feel more comfortable as you begin your new venture. For example, if you are thinking of trying to sell this great product you've designed, there will be patents, forms, and many other legal documents you need to file before you can start selling the product. On the other hand, if you're starting up a restaurant, it will be really beneficial to gain a basic understanding of your state's health code, hiring practices, and other laws pertaining to the food industry. Just a little bit of time learning about the law before you dive in to your new business can really pay off in the end. Plan, Plan, Plan There are some times in life when it can be fun to be spontaneous, to wake up one morning and decide that today is the day you do that crazy thing you've always dreamed of doing. Starting a business is not one of those times. If you are thinking of starting a new business, you must take the time to plan. What do you need to plan? You will need to figure out your financial backing, how you are going to make a profit, how long it will take before your business brings in a profit, what your short and long term goals are, your marketing strategy, and more. Taking the time to plan this all out and get any professional advice you might need will contribute to the success of your business. Try to be patient and give yourself the necessary time to sort things out before you dive in to your exciting new venture.