Family Limited Partnerships and Limited Liability Companies
Author: Narrvel E. Hall
Date: September 2009
Family limited partnerships and limited liability companies are attractive estate planning tools because, if they are carefully designed and operated, they permit the donor parent or parents to make gifts of partnership or membership interests to younger generation family members while permitting the parent or parents to retain substantial control of the gifted assets. Great care must be exercised in the design and operation of both limited partnerships and LLCs, however, because of recent aggressive enforcement positions taken by the IRS and upheld by the federal courts.
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Irrevocable Life Insurance Trusts
Author: Narrvel E. Hall
Date: September 2009
Special rules apply to the taxation of life insurance. While most people are aware that life insurance proceeds generally are not subject to income tax, they often are not aware that such proceeds nevertheless are subject to estate tax. Estate tax is imposed upon insurance proceeds if you possessed any of "indicents of ownership" in the policy. A popular solution to this problem is to create an irrevocable trust ("ILIT") to own your insurance. You can etiher transfer an already existing life insurance policy to the ILIT, or you can transfer funds to the ILIT to purchase a new policy. Transferring fund to enable the trustee to purchase a new policy is preferred.
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Wills, Living Trusts and Durable Powers of Attorney
Author: Narrvel E. Hall
Date: September 2009
This article discusses wills, probate procedures, living trusts, durable powers of attorney, living wills, and special powers of attorney for heath care. A will preserves your right to determine who will inherit your property at your death. Without a will or will substitute, state law controls the ultimate disposition of your property. A living trust may be used as a substitute for, or in connection with, a will. If properly structured and funded, a living trust may avoid the need for probate. You may wish to execute a durable power of attorney, a revocable instrument whereby you authorize an agent (spouse, adult child or close friend) to act on your behalf in the event you become disabled. A living will is a directive whereby you make known your desire that your life not be artificially prolonged by life-sustaining procedures in the event you have an injury, disease or illness which results in a terminal condition or persistent vegetative state.
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Estate, Gift and Other Tax Considerations
Author: Narrvel E. Hall
Date: September 2009
Estate planning includes a variety of distinct yet often closely related areas of law, including wills, trusts, taxes, insurance, property, retirement plans and business entities. This article is one of a series of concise articles designed to inform you of the basic issues, techniques and governing rules of estate planning to assist you in formulating an estate plan that is appropriate for you. This article discusses the federal estate, gift and generation-skipping transfer tax structure and how these transfer taxes affect your estate plan. Other pertinent tax considerations are also discussed.
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YOU WANT WHAT BACK? UNDERSTANDING PREFERENCES UNDER THE BANKRUPTCY CODE
Author: Brent D. Wride
Date: May 2009
Mr. Wride's article appeared in the May 2009 issue of The Enterprise newspaper.
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ESTATE TAXES AND YOUR ESTATE - IS IT TIME FOR AN UPDATE?
Author: Gregg D. Stephenson
Date: March 2009
Mr. Stephenson's article appeared in the March 2009 issue of The Enterprise newspaper.
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THE TIMELESS WRENCH AND LEAD PIPE OF CONTRACT LAW
Author: Kevin G. Glade
Date: January 2009
Mr. Glade's article appeared in the January 2009 issue of The Enterprise newspaper.
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PERILS OF INVESTING WITH FRIENDS AND WARD MEMBERS
Author: Mark W. Pugsley
Date: December 2008
As published in the Opinion Section of the Salt Lake Tribune, December 20, 2008
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ROCKS IN THE RIVER - LESSONS FROM RECEEDING FLOWS OF MONEY
Author: Douglas Matsumori
Date: November 2008
Mr. Matsumori's article appeared in the November 2008 issue of The Enterprise newspaper.
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THE IMPORTANCE OF RETAINING APPELLATE COUNSEL
Author: Peggy Hunt
Date: May 2008
Ms. Hunt's article appeared in the May 2008 issue of The Enterprise newspaper.
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A SUMMARY OF UTAH'S NEW STATE CONSTRUCTION REGISTRY
Author: Scott B. Finlinson, Blake R. Bauman
Date: March 2008
Mr. Finlinson and Mr. Bauman's article appeared in the March 2008 issue of The Enterprise newspaper.
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SHOULD YOUR COMPANY HAVE A CHARITABLE FOUNDATION?
Author: Bruce L. Olson, Samuel A. Lambert
Date: January 2008
Mr. Olson and Mr. Lambert's article appeared in the Jan. 2008 issue of The Enterprise newspaper.
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HOW TO RESPOND IF YOUR COMPANY IS INVOLVED IN A CRIMINAL INVESTIGATION
Author: Matthew R. Lewis and Angelina Tsu
Date: November 2007
Mr. Lewis and Ms. Tsu's article appeared in the Nov. 2007 issue of The Enterprise newspaper.
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WHAT'S IN THAT VENTURE CAPITAL TERM SHEET?
Author: Mark Bonham
Date: September 2007
Mr. Bonham's article appeared in the September 2007 issue of The Enterprise newspaper.
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EMPLOYER-FRIENDLY DECISION LIMITS PAY DISCRIMINATION CLAIMS
Author: Lisa A. Yerkovich and Mica McKinney
Date: July 2007
Ms. Yerkovich and Ms. McKinney's article appeared in the July 2007 issue of The Enterprise newspaper.
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A PRIMER ON CONSERVATION EASEMENTS AND THEIR BENEFITS
Author: Jeffrey W. Appel
Date: May 2007
Mr. Appel's article appeared in the May 2007 issue of The Enterprise newspaper.
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'SAFE HARBOR' OR 'TREACHEROUS UNDERTOW' - WILL YOUR BUSINESS SINK OR SWIM WITH CHANGES IN ELECTRONIC DISCOVERY RULES?
Author: John W. Mackay
Date: March 2007
Mr. Mackay's article appeared in the March 2007 issue of The Enterprise newspaper.
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LEGAL BRIEFS WINTER 2006 - RQ&N NEWSLETTER
Author: RQ&N Marketing Department
Date: December 2006
A quarterly update for our friends & clients.
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LEGAL BRIEFS FALL 2006 - RQ&N Newsletter
Author: RQ&N Marketing Department
Date: October 2006
A quarterly update for our friends and clients.
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LEGAL BRIEFS SUMMER 2006 - RQ&N Newsletter
Author: RQ&N Marketing Department
Date: July 2006
A quarterly update for our friends and clients.
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LEGAL BRIEFS SPRING 2006 - RQ&N Newsletter
Author: RQ&N Marketing Department
Date: April 2006
A quarterly update for our friends and clients.
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LEGAL BRIEFS 2005 - RQ&N Newsletter
Author: RQ&N Marketing Department
Date: February 2006
An update for our friends and clients.
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ERISA Standards of Review and the Administrator’s Conflict of Interest
Author: Scott A. Hagen
Date: February 2006
Mr. Hagen's article appeared in the Sept./Oct. 2005 issue of the Utah Bar Journal.
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Antitrust Compliance: Are You Sure Your Company is Safe?
Author: Justin T. Toth
Date: February 2006
Mr. Toth's article appeared in the May 2005 issue of Utah Business Magazine.
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Sarbanes-Oxley: Managers Can Be Held Criminally Liable for "Retaliating" Against "Whistleblowers"
Author: Scott A. Hagen and Rick R. Thaler
Date: February 2006
Mr. Hagen's and Mr. Thaler's article appeared in the May 2005 issue of Utah Business Magazine.
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An Introduction to Two Specialized Estate Tax Techniques
Author: Narrvel E. Hall
Date: February 2006
This article contains summaries designed to inform you of some basic issues, techniques and governing rules of lifetime and post death estate planning which may assist you in formulating an estate plan that is appropriate to you. These summaries discuss Special Use Valuation and Installment Payment of Estate Tax. They were initially prepared for a seminar for ranchers.
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RQN Articles