Tag Archives: claims

Asset Protection

Tips for Minimizing your Business’s Liabilities

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If you own a business, it is imperative that you take steps to safeguard your company and yourself from liability claims. Sadly, threats of liability to businesses and their owners are more abundant than ever. Most business owners are unaware of the broad range of actions that can place their personal and their business assets in jeopardy.

The following are a few items to consider in how to protect your business:

  • Have you properly incorporated your business as a C-corporation, an S-corporation, or a limited liability company (LLC)? If so, are you following the corporate formalities to ensure your business is treated as a legal separate entity and to protect you from personal liability?
  • Do you have a written agreement with your business partners?
  • Does your business have adequate liability insurance in amount and scope of coverage?
  • Is your stock owned by a Trust or other separate legal entity to ensure that you are protected from personal liability if the corporate veil of the business is pierced?
  • Do you maintain separate corporate entities for each business venture in order to segregate liability?
  • Are your personal assets protected by a Trust?
  • Do you have an attorney assisting your business with tax-saving opportunities?
  • Does your business have guidelines and policies that comply with applicable government regulations? If your business has employees, does your employee handbook comply with the law?

Advising business clients for nearly 30 years, we can help you navigate these issues with ease and peace of mind. Protection of your personal and business assets is a primary focus of our firm. Don’t wait until an issue arises and your entity is in trouble. Take preventative and protective action now to save yourself time, money and heartache in the future.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.

Estate Planning

Is Probate Ever a Good Thing?

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When it comes to probate, you typically are advised to avoid it if at all possible. This is true as a general rule because the probate process can be time-consuming, expensive and it opens your private matters up to the public. However, there are certain situations when it may be beneficial to allow some of your estate to go through probate.

If the estate has a large number of creditors, a probate may be helpful. When a probate case is filed, creditors are then given notice of the filing for probate and a deadline for asserting their claims against the estate. Thus, if the deceased owed large sums of money at the time of his or her death, it can be beneficial to have a time limit for creditors to file their claims. If a creditor fails to properly assert a claim, it can be barred from asserting its rights to collect the debt at a later date.

In comparison, if you have placed your assets into a trust to avoid the probate procedure, creditors are not limited by the probate law and the deadlines provided therein. However, in Utah there is a method provided for Trusts to do a similar procedure to limit claims against the decedent’s trust. With proper planning, it is possible to take advantage of a trust while also using the probate process for protection. This strategy requires advance planning and the assistance of an experienced estate planning attorney. Once the creditor’s notices are finished, your estate should be secure. Your family has the comfort of knowing that the remaining property held is protected from future claims of your creditors.

The Astill Law Office has provided high quality legal services for over 30 years. We specialize in wills, trusts, estate planning, and asset protection. If you have any questions about creating a Trust, Will, or estate planning in general, contact The Astill Law Office at 801-438-8698.