What Type of Company Do I Need For My Business?

Starting a business can be risky... watch this brief video on why setting it up correctly is important.

Corporations and Limited Liability Companies both offer protection from liability to their owners. Both allow you to benefit from tax advantages offered by the IRS.

Limited Liability Companies (LLC) have a more flexible structure. They can be managed by the owners or by a manager. Officers can be appointed, but they are not required. Special provisions can be added to serve a number of different goals or special purposes. If a small number of owners plans to manage a business by themselves, sometimes the simplicity of a Limited Liability Company is preferred.

Corporations are managed by officers and directors. If you have three or more owners (shareholders), then the shareholders must elect at least three directors. The directors must appoint officers, including a President, Treasurer and Secretary. The officers run the day-to-day business of the company. The shareholders and directors meet at least once per year to review the business of the company.

Legal Health Checklist (Free Download)

Are there steps you need to take to ensure that your business is ready for legal issues that may arise? Our Legal Health Checklist will help you assess how well prepared you are, and point out areas where you may be vulnerable.

Download your free Business Legal Health Checklist.

What is a Will?

A will is a legal document that details how you want your assets to be distributed after your death.  It can also lay out your wishes when it comes to how your children will be cared after your death. Wills also name an executor who's in charge of carrying out the actions in your will. This short video explains the purpose for having a will.

A will is also a financial planning tool.  It's often a good idea to have a will because it has clearly defined terms and provides instructions concerning the division of your property. By leaving directions, you simplify the process. You can lower the cost of administering your property; and if your estate is large, you can reduce taxes. It ensures your wishes are honored, reduces family disputes and is primarily about leaving peace of mind for family members.  Without a will, your heirs may end up having to spend a lot of time, money and energy figuring out how to divide up your assets through the estate court system in your state. And when you die intestate, which means without a will, the succession laws in the state where you reside will determine how your property is divided. This process can be drawn out and your assets could end up with people you didn't necessarily want them to go to.

Having a will can be fun. Watch our video about how to use a Personal Letter to leave sentimental items to friends and family members. It is very simple to use, and it doesn't require visiting an attorney to modify your Personal Letter.

Create a Will »

What is Estate Planning?

Estate planning is significantly broader and more complex than writing a will. While a will is a single tool, an estate plan involves multiple tools. Some common inclusions are wills, powers of attorney, advance directives, trusts and more. Estate plans can involve both durable power of attorney for your finances and healthcare power of attorney for medical decisions if you're incapacitated.

Estate planning may include thinking through topics even beyond legal documents. These can include things like deciding who has the power to make healthcare decisions on your behalf while you're alive, in addition to deciding how your assets will be distributed after your death.

How is Estate Planning Different from Will Planning?

In short, wills are part of an estate plan, but an estate plan is more than just a will.

While a will is a legal document, an estate plan is a collection of legal documents. More specifically, they often include a will, trust, an advance directive, and various types of powers of attorney. An estate plan can handle other estate planning matters that can't be covered in a will too. A will is a good place to start, but you'll want to create an estate plan to ensure that your heirs are fully covered in the event of your death.

If you only choose to create a will, you could cause headaches for your loved ones down the road. Your estate could go into probate, which can often be a strenuous and expensive process for those involved.

In Addition to a Will, What Other Documents Should I Have to Complete My Estate Planning?  

A Will is just one piece of a complete estate plan. To fully protect your assets, healthcare wishes, and family, you'll want several additional documents:

·     Revocable Living Trust: This holds your assets during your lifetime and distributes them after death. It helps avoid probate, keeps your affairs private, and can manage assets if you become incapacitated.

·     Durable Power of Attorney (POA): This grants someone you trust the authority to manage your financial and legal matters if you are unable to do so yourself. It ensures bills are paid, assets are managed, and decisions are made without needing court intervention.

·     Healthcare Power of Attorney / Medical POA: This designates someone to make medical decisions on your behalf if you are incapacitated, ensuring your healthcare wishes are followed.

·     Living Will / Advance Healthcare Directive: This states your preferences for medical treatment in life-threatening or terminal situations, preventing family disputes/ conflicts and ensuring your wishes are honored.

·      HIPAA Authorization: This allows your designated healthcare agent to access your medical records, helping them make informed medical decisions about your treatment.

·      Beneficiary Designations: These are used for retirement accounts, life insurance, and payable-on-death assets that allow direct transfer to named beneficiaries (recipients). They override your Will for those assets and help keep the transfer process quick, simple, and outside of probate.

·      Guardianship Designation (for minors): This names who will care for your child(ren) if something happens to you, which is especially critical for single parents or blended families.

·      Letter of Instruction (optional): A personal guide for your family that can cover funeral wishes, digital assets, funeral plans, or personal messages. While not legally binding, it helps families navigate details and reduces confusion.

·     Special Purpose Trusts (optional): Examples include special needs trusts or charitable trusts. These are used to protect specific assets and ensure specialized planning so assets are used exactly as you intend.

Why Do I Want a Trust?

A trust is a powerful legal tool. Lawyers who do their own estate planning virtually always include a trust.

We provide a standard family trust with a pour-over will as part of our basic estate-planning package. A trust requires no management during your lifetime. Instead, a trust is funded by the provisions of your will after you pass away. The process minimizes the cost of probate and simplifies the administration of your estate for your family. Watch this brief video about using a trust for estate planning.

Create a Trust » 

What are the Differences Between the Different Types of Powers of Attorney? 

1.   General Power of Attorney (GPOA)

 

·         Grants broad powers to your chosen agent (also called an “attorney-in-fact”) to manage financial, legal, and business matters.

·         Useful if you need someone to manage your affairs while you're unavailable.

·         Ends if you become incapacitated (unless it's also made “durable”).

·         Great for Single Parents, Missionary Parents, Seniors, Married Couples, and even Single Adults.

2.   Durable Power of Attorney (DPOA)

 

·         Can be general or specific, but what makes it “durable” is that it remains valid even if you become incapacitated.

·         Often used in estate planning so someone can continue managing your finances or property if you can't.

3.   Limited (or Special) Power of Attorney

 

·         Grants authority for specific tasks or for a limited time.

·         Example: allowing someone to sell a car, sign documents at a real estate closing, or handle matters while you're traveling.

4.   Springing Power of Attorney

 

·         Becomes effective only after a specific event occurs, usually when you're declared incapacitated.

·         Gives peace of mind if you don't want someone to have authority until it's absolutely necessary.

5.   Financial Power of Attorney

 

·         Focuses on money and property matters.

·         Lets your agent handle things like bills, banking, investments, taxes, and real estate.

·         Can be durable or non-durable, depending on your needs.

6.   Healthcare (Medical) Power of Attorney

 

·         Authorizes your chosen agent to make healthcare decisions if you can't speak for yourself.

·         Covers medical treatment, surgery, long-term care, and end-of-life care.

·         Often paired with a Living Will or Advance Directive.

7.   Military Power of Attorney

 

·         A special type available for members of the armed forces.

·         Often broader in scope and recognized in all states, making it easier for deployed service members to delegate authority.

 

Most people think Powers of Attorney (POAs) are only for the elderly, but really, every adult should consider having them. 

 

If I Have a "Small" Estate, Do I Need to File My Will or Go Through Probate?

In Utah, probate is generally required if an estate includes real property (like a house or land) of any value, or if the estate has assets (excluding real estate) with a net worth exceeding $100,000. If an estate is valued under $100,000 and doesn't include real estate, a small estate affidavit process can be used, often avoiding the need for formal probate. 

 

A small estate affidavit is a legal document that allows a person to claim property belonging to a deceased individual without going through the full probate process. Personal property refers to any asset other than real estate or motor vehicles. (There is a separate affidavit that can be used to claim title to up to four boats, motor vehicles, trailers, or semi-trailers registered under Utah law. This affidavit is presented to the Utah Division of Motor Vehicles to transfer title of those vehicles or boats.)

The affidavit is not filed with the court, but rather presented to third parties like banks or financial institutions to facilitate the transfer of assets.  The existence of a will is not a factor in determining whether a small estate affidavit can be used. 

A small estate affidavit may be used if:

 

• the entire value of the estate is under $100,000,
• there is no real property,
• at least 30 days have passed since the death, and
• no application for appointment of personal representative has been filed with the court.

A small estate affidavit cannot be used to transfer title to real property like land or a house.

If the estate does not meet the requirements listed above, it may be necessary to open a probate case instead.

Why do many law firms choose NOT offer FREE consultations, including EVN Law?

Attorneys often avoid offering free consultations for several practical, ethical, and business reasons — especially in areas like litigation, probate, estate planning, business law, or family law where legal analysis can become substantial very quickly.

Here are some of the main reasons:

1. Legal Advice Has Real Value

Many consultations are not “quick questions.” Clients often need:

• Case analysis
• Strategy recommendations
• Risk assessment
• Document review
• Legal interpretation

An experienced attorney may spend years developing the judgment needed to answer those questions accurately. Charging for consultations helps reflect the professional value being provided.

2. Free Consultations Can Attract “Information Shoppers”

Some people schedule multiple free consultations simply to:

• Compare advice
• Gather free legal strategy
• Delay hiring counsel
• Avoid paying any attorney at all

This can consume significant attorney time without leading to actual representation.

3. Complex Legal Issues Cannot Be Responsibly Addressed in 15 Minutes

In many practice areas, attorneys cannot ethically give reliable guidance without:

• Reviewing documents
• Checking statutes
• Understanding timelines
• Evaluating facts carefully

A rushed free consultation may create unrealistic expectations or incomplete advice.

4. Attorneys Still Incur Costs During Consultations

Even initial meetings involve:

• Staff scheduling time
• Conflict checks
• Office overhead
• Attorney preparation
• Professional liability exposure

A paid consultation helps offset those operational costs.

5. Paid Consultations Often Lead to Better Clients

Clients who invest in a consultation are often:

• More serious
• More prepared
• More respectful of time
• More likely to follow through

This can create a healthier attorney-client relationship from the beginning.

6. Free Advice Can Create Liability Risks

Even brief conversations can unintentionally:

• Create misunderstandings
• Be interpreted as legal advice
• Trigger malpractice concerns
• Lead someone to rely on incomplete information

Many attorneys prefer a structured paid consultation so they can properly document the discussion and provide more careful guidance.

7. Some Legal Matters Are Too Nuanced for “General Answers”

For example:

• Probate deadlines
• Contract interpretation
• Business liability issues
• Estate planning consequences
• Litigation strategy

A small missing fact can completely change the answer. Attorneys may prefer paid consultations so they can spend enough time to analyze the issue correctly.

That said, many attorneys do offer free consultations in certain situations, especially:

• Personal injury cases
• High-volume consumer matters
• Simple intake screenings
• Contingency-fee cases
• Competitive markets

In those cases, the consultation functions more like a case screening process than substantive legal advising.

For firms that do charge consultations, many clients actually appreciate:

• Dedicated time
• More thoughtful analysis
• Honest answers
• Fewer sales tactics
• Clearer expectations

A paid consultation can signal that the attorney intends to provide actual legal guidance rather than just a brief intake call.