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Brian Craig

Brian Craig

Law Office of Brian Craig in Logan, Utah
  • Estate Planning, Probate, Criminal Law ...
  • California, Minnesota, Utah
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Biography

Brian Craig has more than 20 years of experience as a lawyer. Before starting his own law firm, Brian worked for several years in the legal publishing and legal information services industry as an attorney for Thomson-Reuters and as a legal writer/analyst for Wolters Kluwer gaining experience with contracts, employment law, real estate law, tax law, privacy law, and other practice areas.

Besides helping clients, Brian teaches online legal courses at Purdue University Global. He previously taught at the University of Minnesota Law School.

Brian is also an accomplished legal writer. He authored Cyberlaw: The Law of the Internet and Information Technology, a textbook published by Pearson, and Stringfellow Acid Pits: The Toxic and Legal Legacy (University of Michigan Press). He has also written other books and articles relating to real estate law, environmental law, privacy law, legal writing, and legal history.

Practice Areas
Estate Planning
Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
Probate
Probate Administration, Probate Litigation, Will Contests
Criminal Law
Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Real Estate Law
Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
Fees
  • Free Consultation
    free 30 minute initial consultation
  • Credit Cards Accepted
  • Contingent Fees
Jurisdictions Admitted to Practice
California
State Bar of California
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Minnesota
Minnesota Supreme Court
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Utah
Utah State Bar
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Languages
  • Portuguese: Spoken, Written
  • Spanish: Spoken, Written
Professional Experience
Attorney
Law Office of Brian Craig
- Current
Faculty
Purdue University Global
- Current
Online Instructor
Brigham Young University-Idaho
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Faculty
Kaplan University
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Purdue University Global acquired Kaplan University in March 2018.
Paralegal Program Chair/Instructor
Globe University/Broadview University
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Attorney
Thomson-Reuters
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Faculty
University of Minnesota Law School
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Law Clerk
Idaho District Court
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judicial law clerk for Idaho District Judge Carl Kerrick
Legislative Aide
California State Legislature
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Education
University of Idaho College of Law
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Brigham Young University
Brigham Young University Logo
Awards
Outstanding Service Team Award - Faculty Coaching
Purdue University Global College of Social and Behavioral Sciences
Faculty Scholarship Award Winner
Purdue University Global
Outstanding Service Team Award - Seminar Taskforce
Purdue University Global College of Social and Behavioral Sciences
Online Instructor of the Year
Broadview University
Instructor of the Year
Globe University
Professional Associations
Utah State Bar  # 17050
Member
Current
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J. Reuben Clark Law Society
Member
Current
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Publications
Articles & Publications
Stringfellow Acid Pits: The Toxic and Legal Legacy
University of Michigan Press
Latter Day Lawyers (foreword by Senator Harry Reid)
Kindle Direct Publishing
Effective Use of the Hyphen, En Dash, and Em Dash in Legal Writing
Federal Lawyer Magazine (offical publication of the Federal Bar Association)
Book Review: Before Lincoln Saved the Union, He Fought to Save a Client from the Gallows
Utah Bar Journal
Why Young Families Need an Estate Plan
Cache Valley Family Magazine
Nine legal tips for Logan landlords, tenants
Herald Journal (Logan, Utah Newspaper)
Cyberlaw: The Law of the Internet and Information Technology
Pearson
Beyond Black’s and Webster’s: The Persuasive Value of Thesauri in Legal Research and Writing
Perspectives: Teaching Legal Research & Writing
Construction and Constitutionality of the Freedom to Display the American Flag Act
Real Estate Law Journal
Online Satellite and Aerial Images: Issues and Analysis
North Dakota Law Review
Speaking Engagements
Malware, Cyberattacks, and Cyber Liability Insurance, Continuing legal education course, Logan, Utah
Law Office of Brian Craig, PLLC
Avoiding Sexual Harassment in Online Learning, Purdue University Global General Education Conference
Copyright, Privacy, and Defamation Issues for Nonfiction Authors, Nonfiction Authors Association, Teleseminar
Nonfiction Authors Associatio
Certifications
Certificate of Compliance
ControlScan
Websites & Blogs
Website
Blog
Utah Legal News
Legal Answers
18 Questions Answered
Q. Can I amend my revocable trust myself or need an attorney?
A: The terms of the original trust instrument will dictate whether the trust may be amended and the manner in which the trust may be amended. Some trusts are revocable and other trusts are irrevocable. Getting a lawyer to assist with a trust amendment is recommended to make sure that the amendment is permitted and complies with the terms of the original trust and amendments.

Trust amendments are often litigated. A Hawaii court in Matter of Tr. Est. of Daoang, 87 Haw. 200, 953 P.2d 959 (Ct. App. 1998) held that an amendment to a trust document for a self-trusteed revocable living trust was valid, even though signature of settlor-trustee was not notarized, when the trust document did not require notarization of signatures on the trust amendment.

But in Florida, Grassfield v. Grassfield, 381 So. 3d 628 (Fla. Dist. Ct. App. 2023), a Florida court held that the settlor/trustee's amendments to a revocable trust, which removed the co-trustee, changed the beneficiary, and named the settlor/trustee's wife as successor trustee, did not substantially comply with method for amending trust provided for in the trust.

In Smith v. Kirkland, 2017, 392 P.3d 847, 831 Utah Adv. Rep. 39, 2017 UT App 16 (Utah Ct. App. 2017), the Utah Court of Appeals held that a trust was not invalidated by the trustor's failure to prepare or deliver “Lease and Stewardship Agreements” before his death. Although it was undisputed that the trustor failed to fulfill the preparation and delivery as required by declaration of trust, the district court had statutory authority to modify the terms of the trust if an unexpected event occurred. Utah Code section 75–7–412 provides that a district court “may modify the administrative or dispositive terms of a trust or terminate the trust if, because of circumstances not anticipated by the settlor, modification or termination will further the purposes of the trust. To the extent practicable, the modification must be made in accordance with the settlor's probable intention.”  

If a trust settlor attempts to amend the trust without the use of a lawyer, then the purported trust amendment may end up costing more money down the line with litigation. For example, Priscilla Presley contested a 2016 amendment to Lisa Marie Presley's living trust that largely controls the music royalties for Elvis Presley, which removed Priscilla and Barry Siegel as co-trustees and named Lisa Marie's children, Riley Keough and Benjamin Keough, as successors. After some litigation, the parties settled out of court.

Even though a trust settlor "can" amend the trust without a lawyer, the trust settlor or grantor should also ask themselves whether they "should" amend the trust without a lawyer.
... Read More
Q. The attorney that wrote up our trusts died one year ago. No one contacted us. No one answers phone or email. Records??
A: As a best practice, clients should safeguard estate planning documents rather than the lawyer or law firm. Having a scanned digital copy is also a good idea. You might be able to find some records with the county recorder's office if real estate was transferred to the trust. Otherwise, you might have to do a restatement of the trust. Consider contacting another estate planning attorney.
Q. Is it a bad idea to move out of state before a court hearing for a class B misdemeanor for shoplifting under $500?
A: Consider contacting a Utah criminal defense lawyer. A person convicted of a Class B misdemeanor can face up to six months in jail. Usually, a criminal defendant for a class B misdemeanor needs to make an initial court appearance within 14 days, even it is by video. If the defendant fails to appear, the judge will issue a bench warrant which means that the defendant can be arrested by any law enforcement officer. Most courts are doing video hearings by Webex in Utah with COVID-19. I usually have clients come to my office for court appearances by video. After an initial appearance, the judge may impose certain travel conditions when the defendant is on pretrial release. In some situations, a person could move to another state but may need to come back to Utah for court appearances. There may also be conditions if the person is on probation or parole. ... Read More
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Contact & Map
Law Office of Brian Craig, PLLC
95 W 100 S, Suite 106
95 W 100 S, Suite 106
Logan, UT 84321
US
Telephone: (435) 760-3101
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM
Saturday: Closed
Sunday: Closed (Today)