General commercial litigation involves virtually every type of dispute that can arise in the business context, including breach of contract cases, partnership/joint venture disputes, class actions, business torts, civil RICO claims, breach of fiduciary duty allegations, and shareholder issues. Successful commercial litigators need to be able to assess the merits of a dispute and scale either a prosecution or defense that fits the legal and business needs of the client. Efficiency, creativity, and sound judgment are critical for intelligently positioning these disputes, whether they are “bet-the-company” cases or more discrete matters. In addition, while all cases must be litigated with an eye toward ultimately trying them, seasoned commercial litigators understand that at all time they must strive to achieve the best possible result at a reasonable cost. Litigation increasingly occurs in various venues, from state and federal courts to private arbitrations and administrative hearings. Proceedings can involve business-to-business disputes or any number of government agencies. Understanding the motivations and outlook of each of the litigation participants is important for determining weak points to exploit and strong points that will persuade the audience in question. During the past decade, commercial litigators have seen a dramatic uptick in multidistrict and inter-disciplinary litigation, making the stakes higher, the cases more complex, the parties more numerous and the discovery more complicated and unwieldy. Firms that are able to develop and implement a creative legal approach to each individual problem, efficiently focus on the key legal and factual issues, and master and manage the various aspects of these complex matters will be the busiest in the years to come. In the current challenging economic climate, commercial litigators are under increasing client pressure to keep costs in check, which has both sides testing the efficacy of alternative fee arrangements and the scope of reasonable discovery. Whether the “death of the billable hour” is ultimately realized, the keys to a commercial litigator’s success will continue to be strong client relationships, thought leadership, practical management skills, deep experience, and personal commitment. Civil litigation is a lawsuit between two parties to enforce or defend a legal right where the plaintiff typically seeks compensation in the form of monetary damages from the defendant. Many different types of lawsuits fall under the broad umbrella of civil litigation. When businesses or companies are involved in a dispute, the lawsuit is generally known as commercial litigation Commercial litigation generally progresses the same way that other civil litigation matters do. These typical litigation stages are: retaining an attorney, conducting factual investigations, researching applicable law, sending demand letters, engaging in settlement negotiations, filing suit, conducting discovery, participating in motion practice, trying the case before a judge or jury, filing post-trial motions, and so on. Commercial litigation is different from most other civil lawsuits by virtue of the involvement of businesses rather than just individuals, and because the issues involved are very specialized and typically more complex, both factually and legally. Many times, commercial litigation is filed in federal court, rather than state court, and can be a class action or multi-district litigation. Additionally, commercial litigation can take many twists and turns and persist for years as compared to other types of civil litigation. Commercial litigation also can be more expensive due to the costs of discovery, particularly e-discovery, and the costs of forensic experts. There are many different types of commercial litigation, including the following: • Antitrust • Aviation Disputes • Breach of Fiduciary Duty • Business Torts • Construction • Debtor/Creditor • Employment and Labor • Fraud and Misrepresentation • Intellectual Property and Patent Infringement • LLC Member Disputes • Partnership Disputes • Privacy, Cyber-security and Data Breach • Real Estate, Land Use and Environmental Litigation • Restrictive Covenant • Securities Litigation • Shareholder Disputes and Derivative Actions • Tax Disputes • Trade Secret and Unfair Competition While this is not an exhaustive list of the types of commercial litigation, it highlights some of the more prevalent types of disputes that can arise in the business context. Political administrations change, laws change, rules and regulations change, court appointments change, the economy changes, and the business landscape changes. The commercial litigation environment is no exception. Several areas of business litigation are poised for change, or have already changed. Yearly case figures generally show that the volume of litigation and the time required to resolve cases is increasing. The following types of commercial litigation have experienced increased volume, and these robust trends are expected to continue. • Cyber-security and Data Breach Litigation: Increased cyber-security and data privacy litigation is expected due to the escalating frequency, scale and sophistication of cyber-attacks and the resulting data breaches. According to one study, the average total cost of a data breach globally is $3.62 million, and the average global cost per lost or stolen record is $141. These costs incorporate legal expenditures, including litigation costs. In cyber-security and data privacy litigation, the key threshold issue is whether consumers have standing to seek relief for data breaches and improper disclosure of personal information. Also, states continue to expand and pass laws protecting consumer data. These state laws provide consumers with additional avenues for relief for data security breaches and are leading to increased lawsuits. • Employment Litigation: Employment disputes are increasing and they are expensive, lengthy and injurious to an employer’s reputation. This trend of increased litigation arising out of the workplace is expected to continue. According to one study, the average employment claim takes 275 days to resolve and the average cost to defend and settle is $125,000. And, per the same study, for those employment claims that are not settled, the median judgment is approximately $200,000, which is in addition to the cost of a defense. However, the study found that about 25% of employment cases result in a judgment of $500,000.00 or more. But, per the study, some states have even higher chances of employee litigation. • Securities Class Actions: Case records show that there was a significant uptick in securities class actions. This is an unprecedented spike in securities litigation activity. Alternative Dispute ResolutionArbitration and mediation are frequently employed to resolve disputes outside of the court; clauses compelling disputing parties to partake in the former are now often written into commercial contracts. Arbitration has become increasingly popular over the years for several reasons: • It’s cheaper than traditional litigation. “Until there is some means by which we’re able to contain the extraordinary cost of litigation, we’re going to continue to see a trend toward arbitration, mediation and private dispute resolution. • It affords more control over where disputes are resolved. “Arbitration protects corporations from far flung jurisdictions where they have little control and are not confident justice will be done,”. • It affords more control over who tries a case as companies can select their decision makers. Also, “Corporations are also concerned that juries may not appreciate the complex aspects of a dispute.” • Arbitration courts are private. Without press access, the case can be more shielded from public scrutiny and the company’s reputational damage contained. Pre-litigation counseling and risk preventionLitigators are often involved even before any dispute has arisen, whether that’s counseling clients on the ramifications of business decisions or ensuring compliance with laws and regulators. “We focus on risk analysis,” All good litigators understand that an appropriate evaluation of the matter in the first instance can significantly reduce exposure to litigation. • Fundamentally “a partner sets the strategic direction and ensures the team is always executing the plan designed to achieve it. • When a case first arises, partners assess the facts, master the relevant case law and decide which dispositive motions can be brought, before considering evidence preservation and crafting a discovery plan. • But, despite the necessary delegation, “the most successful litigators get their hands dirty,” You cannot be successful by just sitting in an office and figuring out strategy. You have to be part of the team implementing it,” whether that’s preparing witnesses for examination or drafting motions. • If a case looks set to go to trial, partners may hold a mock court with their team and cart in a bunch of actors to play the jury. If the rent-a-jury finds the argument unpersuasive, incoherent and unintelligible you may have to rethink how you present your facts. “You always want to litigate a case through the rubric of your main themes. One mistake lawyers make is to over complicate a case. “It’s very important to figure out and focus on the two, four or five issues which matter most.” • At trial partners run the case, conduct direct and cross examinations and deliver opening and closing statements. With client budgets tightening it’s becoming a tough and competitive field for litigators as they clamor for fewer matters going around. Companies reluctant to splash the cash are turning to mediation or arbitration to settle disputes or directing their lawyers to keep costs down. While the amount of litigation may have fallen, cases that do make it to law firms are increasingly complex or high value. High profile data breaches have recently catapulted cyber security and privacy into the spotlight and it’s now one of the fastest growing practices out there. High profile data breaches, a growing push for consumer protection and changes in regulation surrounding data sharing and privacy have highlighted the need for businesses to have a strong understanding of the law in this area. These changes in regulation and their increasing enforcement by state and federal authorities may prompt much business to amend their compliance procedures, while those who fall foul of the regulations will find themselves undergoing government investigations and prosecutions or facing class action suits. You Need A LitigatorBeing able to write effectively is an absolute must for litigators. “There is no substitute for learning how to write well. “It’s very important to be able to write succinctly, persuasively and clearly.” it’s about more than just being able to craft a well-worded text: Students leave law school with a great vocabulary and understand the basics but often they haven’t developed the forensic skills they need to become a convincing forensic writer. Litigators may be known for having the gift of the gab but it’s just as important to put your ears to good use. If you’re in a courtroom you need to listen to what the judge and opposing counsel are saying. So many lawyers at the beginning and end of their careers are tied to their scripts for their outline or witness examinations and are not listening to what the judge, opposing counsel or witnesses are saying. As well as remembering to listen in the courtroom, it’s also important to remember when not to speak (and yes, those are two different things). “Be patient,” You need to let things develop and have a sense of discipline to know when to weigh in and when not to speak. Sometimes, knowing when not to be a hard skill to master.” Learning the skills to become an effective litigator is one thing, but what about your general suitability for the practice? “You have to be someone who is willing to deal with uncertainty; litigation is inherently uncertain,” Most pro bono matters are more likely to involve disputes concerning individuals than businesses. Asylum applications, protection orders, adoption procedures, securing benefits or advising on criminal justice appeals are some of the more common matters associates tend to handle. Pro bono outside the commercial litigation sphere is still an essential way to build skills, as juniors are able to gain more experience and responsibility than they would on a client billable matter. Partners may be on hand to offer guidance but juniors are much more likely to be handed the pen and run the whole case while handling pro bono. Legal research, drafting briefs and motions, taking and filing depositions, preparing clients for hearings and taking to the stand and representing the clients in court all fall to associates on pro bono matters. At Ascent Law, we do not accept pro bono matters at this time. Why You Need Legal Services For BusinessOnce you’ve established a business, you likely won’t need commercial litigation unless you run into trouble with co-owners, members, or shareholders. However, other legal services for business can be very handy. Annual forms and filings can be taxing on business owners with too much on their plate. Legal services can help reduce that burden and keep things in order for when it comes time to file tax returns. For example, you may choose to have a third party apply for an EIN online on behalf of your business, or you may choose to have a third party complete and submit articles of organization if your choose to establish an LLC. • An Employer Identification Number, or EIN for short, is a nine-digit tax ID number used by the Internal Revenue Service (IRS) to track tax obligations of various legal entities. • You will need to obtain an EIN for you business if you plan to hire employees, if you operate a corporation, or if you wish to open a bank account in the name of the business. • The easiest way to apply for an EIN online is to work with a third party service provider. Online applications can be complicated if you choose to work alone. • You can apply for an EIN online and start using it tomorrow to complete several essential business tasks. Don’t wait to obtain this important tax ID. Commercial litigation provides anyone within it with unparalleled experience in the wide range of business disputes that it encompasses under its umbrella. Commercial Litigation Free ConsultationWhen you need legal help with commercial litigation in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Real Estate Lawyer Layton Utah Qualities You Should Look For In A Divorce Lawyer Stock Markets And Listing Requirements via Michael Anderson https://www.ascentlawfirm.com/commercial-litigation/
0 Comments
From the point of arrest through the rest of the criminal justice process, discretion plays a large role in the decision-making process. The arrest is the initial contact between the accuser (the government) and the accused. Most crimes, however, do not end in an arrest. The reasons for this are numerous. Most often, crimes do not take place in the presence of police officers, so police must rely on private citizens to report criminal activity. The more serious the crime, the more likely it is to be reported. In other instances, even when knowledge of the crime does exist, suspects cannot be identified or apprehended. At other times, the prosecutor will make a conscious decision not to pursue a case. The law governing arrests is regulated through the Fourth Amendment, which prohibits unreasonable searches and seizures. Arrests can be made through the use of a warrant. Warrants may be issued after a person swears out a formal complaint, which claims facts charging another person with a crime. The facts in the complaint are then reviewed by an independent magistrate to determine if there is probable cause to believe that the accused did indeed commit the action. Despite the warrant provision of the Fourth Amendment, 95 percent of all arrests are made without a warrant. The most common form of arrest is a summary arrest in which officers independently make the decision to arrest a suspect based on information they discovered or on information given by another person such as the victim of the crime. Even in summary arrests, due process requires that the standard for arrest must be probable cause that the accused did indeed commit the crime. Oftentimes, even when police officers are aware of a crime and can identify a suspect, they will still not make an arrest. Each police officer has the discretion to make such decisions. There are four main categories of cases that scholars have identified in which officers are often hesitant to make an arrest: (1) minor offenses, where the officer may believe alternatives to an arrest will create a better deterrent to future violations; (2) cases where the victim will not press charges; (3) situations in which victims were also involved in misconduct and thereby helped to bring on their own misfortunes; and (4) when the criminal behavior is thought to be consistent with that community’s mores. Initial AppearanceThe initial appearance is the first time that a criminal suspect enters the court system. In some jurisdictions, such as Iowa, the initial appearance is referred to as an arraignment. The initial appearance is supposed to be held without delay. Historically, in most states, that has meant within twenty-four hours of arrest. In 1991, however, the Supreme Court ruled that police may hold a person up to forty-eight hours prior to the initial appearance and judicial review of the arrest. At the initial appearance, if the person was arrested without a warrant, the police must convince the judge or magistrate that there was probable cause for the arrest. In all cases, suspects are brought before a judge or magistrate and informed of the charges against them. Suspects are also informed of their constitutional rights and guarantees. Even if they have already been informed of their right to remain silent and their right to an attorney, the judge will again remind them. If the accused is indigent and wishes to have an attorney appointed by the court, counsel may be appointed at this time. The judge will also determine if the accused may be released on bail and, if so, what the amount of bail will be. The purpose of bail is to ensure that the defendant will show up for all court appearances rather than fleeing the jurisdiction. Bail is a guarantee in either money or property that the defendant will make all court appearances. If the defendant makes all appearances, bail is returned. If not, it is forfeited. Judges have wide discretion in the setting of bail. In deciding what amount to set as bail, two factors weigh the most heavily: the seriousness of the crime and the prior record of the defendant. A more serious charge usually results in a higher bail being set, as does a more serious prior record. 7 When judges believe that a person will not show up at future judicial proceedings, they will often set such a high bail that the defendant will not be able to raise enough money for a bond. If bail cannot be raised, or is denied, then the defendant will have to await trial in jail. Bail is not a constitutional right in state prosecutions and may be denied altogether. It’s therefore important that you are represented by an experienced Provo Utah criminal defense lawyer. Decision to ProsecuteAfter the initial appearance, the prosecutor controls whether there will be further court appearances by deciding whether to file formal charges and prosecute. The decision to charge is a discretionary one that is left up to the prosecutor in the jurisdiction in which the crime was committed. Prosecutors are likely to base their decision on three criteria: evidential, pragmatic, and organizational. The evidential criteria rank high in the charging decision. When considering evidential criteria prosecutors are likely to ask themselves whether a prosecution will result in a conviction. The higher the chances for conviction, the more likely a prosecution. In cases where the evidence is flimsy and leaves a good chance of acquittal, prosecutors will be wary of charging the individual. Acquittals weaken people’s confidence in the prosecutor and the prosecutor’s office. Acquittals also weaken the position of the prosecutor in plea-bargaining arrangements. The pragmatic criteria that a prosecutor considers in the decision to charge are often founded on a concern that justice be individualized in each case. To this end, prosecutors will often try to determine whether the individual involved deserves the full severity of the law or to be given some degree of mercy. In making this decision, prosecutors can decide not to file any charges. A prosecutor may look at the personal characteristics of the offender and decide that justice would be better served by filing a misdemeanor charge that would be less stigmatizing than a felony charge, which may harden the individual involved. In considering organizational criteria, prosecutors focus on the needs of their own office before making the decision to charge an individual with a crime. One of the main concerns of the organizational criteria is to ensure that the prosecutor’s office maintains good working relationships with the police and judges. Prosecutors may be hesitant to bring charges in cases where a particular judge has shown, through sentencing decisions, that he or she does not consider a particular type of criminal activity to be serious. Prosecutors also look at their own workloads when considering organizational criteria in the charging decision. To advance a good working relationship, prosecutors may bring charges in cases that have weak evidence to ensure future cooperation with the police. In a similar manner, prosecutors may refuse to bring charges in some cases to prompt police to do a better job of criminal investigation. Preliminary HearingIf the prosecutor does file charges, then in most states the next step in the criminal justice process is the preliminary hearing. Not all states use preliminary hearings. The purpose of the preliminary hearing is to protect defendants from unwarranted prosecution and prolonged incarceration. The preliminary hearing is the first point in the criminal justice process in which our adversarial system of justice is put to the test. At the preliminary hearing, the prosecution must convince a neutral judge through the submission of evidence—which can be challenged by the defense—that there is probable cause to believe that the defendant did indeed commit the crime and should be held over for trial. Probable cause can be shown by proving that there was a crime that was committed and that the defendant was likely to be the perpetrator. If the judge does not believe that probable cause has been shown connecting the defendant to the crime, the defendant will be released and the charges will be dropped. The reality of the situation is that in few felony cases are charges dismissed or reduced to a misdemeanor for lack of probable cause after the preliminary hearing. Despite the low percentage of cases where defendants have charges dropped as a result of preliminary hearings, these hearings can be beneficial to defendants by informing them about the prosecution’s evidence. Grand JuryIn federal criminal prosecutions all cases must be presented to the grand jury for investigation according to the Fifth Amendment. The Supreme Court has ruled that the Fifth Amendment grand jury requirement is not mandatory in state criminal prosecutions. As a result, and because it is repetitious of the work of the preliminary hearing, only about half of the states use grand juries as a means of criminal indictment. Grand juries are designed to stop individuals from harassing prosecutions when there is no legal basis for the charges that are filed. They are also meant to ensure that there is sufficient evidence for the charges that are filed against an individual accused of a crime. This is because grand juries are made up of citizens who must be convinced that there is probable cause that a suspect committed a crime before the government is allowed to indict. Grand juries are led by the prosecutor in that jurisdiction. They secretly investigate criminal activity that is brought to their attention for the term of their impanelment. Grand juries can consider evidence that legally would not be admissible at trial. Typically, neither suspects nor their attorneys are allowed to observe the proceedings of the grand jury. Suspects are not allowed to contest the evidence presented by the prosecutor, or to present their own evidence. After examining the evidence, the grand jury takes a vote to determine whether probable cause exists to indict a suspect on the charges presented to it by the prosecutor. If a majority of the jurors vote for indictment, called a true bill, an indictment will be issued listing the formal charges brought against the defendant and if an arrest has not previously been made, one will be made. In reality, it is rare that a no true bill is returned by grand juries, since their investigations are under the firm guidance and control of the prosecutor. If a grand jury is used and a true bill returned, the indictment serves as the formal charging instrument. In states that do not use grand juries, the prosecutor files a bill of information explaining to the court that probable cause has been found to hold over the defendant on the precise charges against him or her. Whichever system of charging is used, the charging document must include the name of the defendant, a brief description of the crime and the circumstances surrounding its commission, and a listing of the specific statutes that were allegedly violated. The Sixth Amendment requires that defendants be informed of the charges against them, so a copy will be given to the defendants. This is normally done at the arraignment. ArraignmentThe arraignment happens after either the preliminary hearing or the grand jury indictment. It takes place before the judge in the court where the trial will be held. The arraignment has several functions. The first is to inform defendants of the specific charges of which they are accused. A second is to ensure that defendants are apprised of their rights and have an attorney. A third function of the arraignment is to allow defendants to enter a plea. There are a number of pleas that can be entered, all with differing results. Both a plea of guilty and nolo contendere, no contest, will result in no trial being held; the criminal justice process then moves on to the sentencing phase. The nolo contendere plea has the same effect as a guilty plea, but cannot be used as evidence of a criminal conviction should the defendant later be sued in a civil trial. Defendants who plead not guilty or not guilty by reason of insanity will go to trial so the issues of the case may be resolved. The judge will then set a trial date and, if the case is serious, inform defendants of their right to a jury trial if so desired. Do not plead nolo contendere or guilty without consulting an experienced Provo Utah criminal defense lawyer. Provo Utah Criminal Defense Attorney Free ConsultationWhen you’ve been accused or a crime and need legal help, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Real Estate Lawyer Layton Utah via Michael Anderson https://www.ascentlawfirm.com/criminal-defense-lawyer-provo-utah/ Marriage experts discourage long periods of separation, why? It builds mistrust and communicates unwillingness from both parties to come back together. At the same time, they also advocate for a period where both parties give each other time to heal from past experiences and all issues that led to the marriage breakdown, put into a deep perspective from both parties. Taking a break to give your partner a chance to realize and admit some of the mistakes is fruitful in the marriage set up. In addition, if you need a change in character then you need to give each other time for self-evaluation and deep thinking for all parties to accommodate the new changes – a condition for coming back together. When both parties are committed to spending the rest of their days on earth as husband and wife; first, there should be 100 % commitment from all partners to prove their willingness for the marriage restoration. Imagine of 10 years of separation, a lot happens in one’s life, probably new friends, new relationships or even a change in lifestyle which might cause trouble once again in the marriage set up. With the help of a counselor and third parties, a maximum of a year is a good time for a healthy separation. What are the indicators of a healthy separation?• There is constant communication: Mature conversation without blame in a bid to solve the issues in marriage characterizes a healthy separation. It means all parties have the will and determination to come back together as soon as possible. In case you moved out of the home because of your partner’s behavior which you had earlier brought to their attention with no change then more reconciliation effort should come from him/her. A clear indication is now willing to make a complete change. It is not the time to judge but time to give him all the support. However, verbal utterances might be deceiving just to cover the guilt, look for other character traits to prove the willingness to have a complete transformation. Using the right skills without being emotional about the issues shortens the separation period. • Commitment: You made the first step to think of the separation; of course, the other partner supported the idea. If you are the only person trying to make a comeback while your partner is comfortable with the arrangement it lengthens the separation time. Probably he/she needs more time to have a comprehensive self-evaluation to look at the issues from your perspective and feel the depth at which he/she hurts your feelings. • Honor of agreement: You have to discuss the direction and roles each person plays during this separation period. Does your partner fulfill the promises? Do you also honor the agreement? Does he/she also go an extra mile as a proof of willingness to shorten the period? You may even agree on the period but to honor it, ensure you solve all the challenges to come up with a fresh beginning. The fact that both of you maintain their boundaries in line with the agreement during separation; it shortens the separation time. Take note, check for indicators for actions that just want to make you happy rather than have a permanent change. If it is just to boost your ego, you are bound to get back and within no time you are headed for a divorce. • Honesty: Yes, you involve the third parties and marriage counselors. Ensure both of you honor the promises you make before them. You will understand this from your partner’s engagements. If your main reason for separation was infidelity, then from one’s effort you can you gauge his level of remorsefulness? Is one open enough to give you reasons for this and if possible engage the person to prove the end of the relationship? Honesty builds trust which gives you an opportunity to forgive one another. Of course, you will just need a short time to reflect and heal then continue with your happy married life without many hitches. Most marriages do have ups and downs. Hopefully, by working this through together, you will come out stronger in time. The key word in that last sentence is “together”. I know you miss your kids. I know you want to be home. It’s honorable that you continue to pay the bills to support your children. But working this through means talking to her about how you feel, not simply “telling” her, as this implies you are not soliciting an engaged conversation. Working together is key in a partnership such as marriage. You and your wife need to figure out why it is that you have not been treating your wife as you should and why she thinks that she can’t ‘find herself’ within the marriage. You need to work together to regain the love and interest and attention that has somehow been lost along the way. Separation, physical or legal, doesn’t always lead to divorce. Sometimes separation can be a time of forgiveness and renewed commitment. Many couples separate in hopes of saving a marriage, and sometimes, that can work. After all, just getting distance from a painful, antagonistic situation can provide you with enough perspective to come back together weeks or months later and sort things out. We often view separation as a trial period that either ends in reconnection or divorce, but in some marriages, separation rather than divorce becomes a permanent way of life. For some, divorce holds nothing positive. It would erode their joint fortune and diminish the money available to their children. The separation will only help if you two work together to make significant and important changes. Some people can do that after a break of only a few days. And, in other cases, some people need a long time. It’s not the length of time that ensures success, but rather, it’s the quality of work you do. If you can’t do the work together on your own, please make sure to contact a couple’s therapist to help you learn how to communicate better and how to treat each other well and with respect. In order to make a trial separation successful, a couple should agree to the following rules. • Determine a time frame. : The break should have a specific time attached to it so it doesn’t just drag on without any conclusion. The time should ideally be between three and six months so a sense of urgency and sincerity is retained, especially where children are involved. The longer the separation continues, as people settle into their new routine, the harder it is to get back to the old life. Any separation that drags on will gradually turn into two new and separate lifestyles. • Set clear boundaries. It’s important to know the rules of the separation — what is acceptable, what isn’t. Write these rules out and stick to them. • Remain committed to couples therapy: There should be communication between the couple, with regular times to meet either with or without a counselor so that progress can be made toward reconciliation. Communication can be difficult, as couples are likely to blame each other and recount past behavior rather than finding solutions to steer a better course together. There’s usually very little listening as a couple plays the blame game. However, separation can be a useful time to step back and try to understand the other person and their concerns. If the other person is doing the same, a better understanding of the underlying problems and how they can be sorted is likely to be reached with much less acrimony. • Plan for financial obligations: There should be clear agreement about what happens to the finances during a separation, with equal sharing of resources and children adequately taken care of. Running two households is likely to be more expensive. How the finances will work should be agreed upon before the separation takes place so the person left with the children doesn’t bear the brunt of any financial burden that might ensue. • Decide if you will remain intimate: Whether you will have sex and if you will spend time with one another is paramount. The couple should reach a clear agreement as to the amount and intensity of intimacy between them during the separation. It’s better not to engage in sexual interaction while separated, mainly because it tends to cloud the issues and will delay the conclusion, especially if one person is still getting what they want without having to sort out any issues. • Have an end date: Trial separations are meant to be a time during which a couple works on figuring out whether to stay together or split for good. In order to keep your trial separation from morphing into a de facto divorce, you’ve got to put a limit on it. Most trial separations run for about six months. If you’re apart too much longer than that, your chances of ever getting back together diminish enormously. • Figure out your living arrangements: Obviously, if you and your spouse decide to separate, someone is going to have to move out. You need to figure out who that will be. But, you also need to decide the rules surrounding your original home. Since both you and your spouse still own (or lease) the home together, the spouse who left may still feel like that’s his/her home, too. • Decide how you will pay the bills while you’re apart: When you’re living apart, you’ve still got to pay all of the marital bills, plus the bills for a second apartment. If you don’t set rules about paying the bills from the beginning, your trial separation can turn into a full-blown divorce really quickly! • Set your spending rules during the trial separation: Paying the bills isn’t the only financial issue you have to think about when you separate. It’s wise to set limits on your spending from the beginning, before you create long term financial problems. • Talk about dating during the trial separation: Dating other people during your trial separation can make your struggling marriage totally flat line. On the other hand, since you and your spouse will be living separately for awhile, one of you may assume that dating others is part of your deal. That’s why you and your spouse have to talk about the rules surrounding dating others. What’s more, you must be on the same page about this. Either you both agree that dating other people is okay or you don’t date. (Obviously, you also need to honor your agreement, too.) • What about sex? (… With each other and others) : Dating other people is one thing, but sex takes dating to a whole new level. Having sex with third parties affects your spouse’s health. It also dramatically increases the chances that one of you will form a more serious relationship outside of your marriage. Once that happens, putting your marriage back on track will be next to impossible. • Set a schedule for when will each of you see the kids: Once you and your spouse separate, you can’t both be with your kids all the time anymore. You’re going to need a schedule for when each of you sees the kids. Look forward for the next six months (or whatever time you have agreed on to be separated). Talk about when you will each see the kids on a weekly basis. Talk, too, about how you will handle any holidays or vacations that come up while you are separated. • Decide how you are going to parent your kids: Making a parenting schedule is only one small part of parenting your kids. You and your spouse need to agree on what you are going to tell your kids about your separation. You need to talk about how you will make decisions about your kids, and how you will handle the issues that always come up with kids. The more you can figure out in advance, the smoother this time will be for your kids. • Set rules for how and how often you will communicate with each other: This may seem like a silly thing to waste your brain power on. But, if you think you’re separating so you can get some space to think, you may not want your spouse texting you 347 times a day! Or, you may be okay with texts, but you don’t want calls. Whatever you and your spouse decide is up to you. What’s important is that you decide something. • Get professional help while you’re separated: You don’t need to go to couples counseling just because you and your spouse separated. But, if you want to dramatically increase the chances that your trial separation will end in reconciliation, you will. Also, you might want to talk about whether it’s okay to talk to a divorce lawyer or a financial planner during this time. You may think talking to a divorce professional at this point is wise. Your spouse may think it’s a sign that you have no faith in your marriage. There is no right and wrong decision. Again, you just need to make one. • Decide what you will tell your friends and family: Unless you live thousands of miles from all of your friends and family, someone is going to notice that you and your spouse are no longer living together. If you tell an inquiring friend that you and your spouse are “just taking a breather,” and your spouse tells that friend that she is now “almost single,” you’re going to have a problem! (And, not just with your friend!) Take the time to write a short “elevator speech” that both you and your spouse can get on board with now. It will make answering questions later a whole lot easier. • Decide in advance what will happen if someone breaks the rules You can have all the rules you want, but what are you going to do if you or your spouse breaks one? Does it matter which rule someone broke? Will you agree to talk about what happened before anyone does anything rash? Or, will breaking a rule be the last straw that ends your marriage? Again, there is no right or wrong answers. What matters is talking about the questions, preferably before you’re in crisis. Separation Lawyer Free ConsultationWhether you want to have a legal separation or a divorce, please call Ascent Law LLC at (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Bankruptcy Lawyer Heber City Utah Can I Write My Own Divorce Settlement? Employer Responsibilities For Workers Compensation via Michael Anderson https://www.ascentlawfirm.com/how-long-should-a-separation-last/ Contracts can take a number of forms. The simplest, but least enforceable, contract is the verbal agreement. While verbal agreements can be highly efficient in terms of transaction costs and are frequently used among business managers who have long-standing relationships, the risks for property owners are typically too great to suggest their use to the same degree in construction. Moreover, with the advent of fax machines, there are fewer and fewer occasions when verbal agreements (e.g., to facilitate an emergency purchase) are absolutely necessary to get the work done in a timely manner. “The law has yet to catch up with the routine use of fax machines, making it questionable whether a contract is binding if its documents were sent and received by fax. Most cases have held that fax signatures are binding”. To say that all or nearly all contracts let property owner should be written is not to suggest that these written contracts should take the form of an elaborate document complete with seals and notarization or one that is finalized with a signing ceremony. In cases where the product or service being purchased is fairly standard and where nondelivery will not result in extensive damage to operations or service delivery, contracts can be as simple as a purchase order or a letter of intent or letter of agreement. Purchase orders are entirely satisfactory if they are used with merchants who are making an offer of goods or services at a certain price. They may be less enforceable when used to purchase services from a consultant who may not be set up as a formal business. Letters of intent can be used when the property owner is anxious to get to work on a project but has not yet completed the contract negotiations. A letter of intent is written by the property owner. It states the intent to award a contract if the parties can come to agreement on terms, payments, and conditions. It then sets forth a statement of the work that will be done prior to the completion of the contract terms and the payments that will be made for this initial work. Such letters of intent will also tend to formalize the right of the property owner to terminate the letter of intent under certain conditions. With these minimum conditions in place, initial work on a project can proceed with both the property owner and the service provider understanding the limits of the agreement. In essence, a letter of intent is a minicontract that outlines the basis on which a larger contract will be forged. While letters of intent allow a project to get started, they can potentially disadvantage the property owner in the ensuing full contract negotiations. This is particularly the case when the technology or service methods used by the provider are unique to that provider. When this is the case, it becomes much more difficult and costly for the property owner to consider switching to another contractor. If service providers know this to be the case, they may choose to demand higher payments or other premiums during the contract negotiations. When the particular service technology or method used by the intended contractor is not unique, letter of intent agreements can advantage the property owner, particularly in cases where the property owner is unsure about the quality of work of the selected contractor. In this instance, a letter of intent arrangement can work similarly to an employment probation period. If the quality of the work is not satisfactory during the period when the letter of intent is in force, the property owner may choose to take a more demanding position during the contract negotiations. Though they may not appear as formal contracts, letters of agreement or letter contracts are complete and enforceable contracts–once the letter has been acknowledged and accepted. The letter is typically initiated by the purchaser and sent to the provider or contractor along with a copy of the letter that has a place for the provider to sign and date a statement of acknowledgment and acceptance. This acceptance copy is then sent back to the property owner. Because the contract is in effect from the time that the acceptance copy is signed and dispatched, one of the responsibilities of the property owner is to follow up on letters of agreement that have been sent out but not returned within a reasonable amount of time. If a letter has been lost in the mail or misplaced in a property owner office, the property owner may nevertheless be constrained by the terms of the contract. With regard to this same issue, property owner should consider including in each letter of agreement that is sent out an expiration date on the offer being made. This provision is particularly important when the service or goods to be provided have a high level of cost or price volatility. Letters of acceptance are typically used in conjunction with requests for proposals. Each of the proposals the property owner receives is essentially an offer or promise to do work upon notice that the property owner has accepted a particular proposal. Formal contracts are typically used when the value or complexity of a service or product makes it necessary to build in a higher level of understanding between the property owner and the service provider. What distinguishes formal contracts from letters of agreement is both a higher degree of formality in the design and signing of the document and the presence of a number of legal clauses that tend to place special duties on one or more of the parties to the contract. It is the presence of such clauses that makes it advisable for the property owner to engage the services of an experienced Layton Utah real estate lawyer in the development and review of the contract. Constructing a Formal ContractAll construction contracts be written and concluded in the form of a contract. One method that has proven successful in this regard is to have prototype or boilerplate contracts that include all the mandatory language, terms, and clauses that an experienced Layton Utah real estate lawyer has advised. Typically, property owners will develop some boilerplate language that will satisfy all conditions Protective contract language and risk managementWhile boilerplate contracts can be used successfully in the majority of construction situations, use of protective contract language can also be taken too far. This is particularly the case when predicting and addressing every possible contingency for every possible outsourcing situation than with the efficiency and effectiveness of the outsourcing process. Part of the contract management process is to assess the risk that a contract will be breached and to identify the most cost-effective means of handling this level of risk. The property owner’s use of risk-management mechanisms can differ substantially from the results of an attorney’s desire to create air-tight contracts. This is the case because many of the clauses that an attorney may desire to include in a contract involve both direct and hidden costs. If these costs are not assessed and weighed against the expected benefits, property owners may pay substantially more than would otherwise be necessary to receive the benefits of the contract. Good contract management requires that the property owners take certain steps.Determine if the Risk Involved in a Particular Contract Is Substantially above Some Risk Standard A typical standard might be the risk involved in purchasing a good from a reputable local merchant. Purchasing a good or service from a local merchant who has been in business for years, has numerous local customers, has a good credit record, and who has no outstanding complaints regarding the goods or services provided is generally a low-risk contracting activity. As such, one would probably not require any particular risk-management terms or conditions in the contract over and above the protections provided by standard contracting language and the Uniform Commercial Code. Determine Whether Particular Risk-Management Clauses Are Appropriate to Particular Contracts Risks can be grouped into two categories: risks related to inappropriate contract awards or award challenges and risks of the contractor failing to perform as expected. In assessing a contract, the property owner will also want to review the contract and the contractor’s qualifications to determine the level of risk of a contract breach that the property owner will be taking on in outsourcing with a particular firm. By assessing the contract for specific types of risk, it becomes possible to begin to craft an appropriate set of contract conditions to address the type of risk foreseen. Contract Provisions for Addressing Risks That the Contractor Will Not Perform as DesiredWarranties extend the time period in which a seller, supplier, or service provider agrees to assume responsibility for what has been provided as part of a contractual exchange. Standard commercial codes will often provide consumers some level of warranty. In many cases, this implied warranty will be sufficient for a property owner, but not always. For example, if the property owner intends to purchase a recycling truck with a loader that has been modified to handle special recycling bins, knowing that the seller must deliver a loader that is fit “for the ordinary purpose for which the goods are used” would not be satisfactory. An additional guarantee that the product or service will perform or provide service in a particular manner or be suited to the intended purpose may be desirable. Such a warranty can be added to the contract, but the contractor may not be willing to have such a clause added without some additional compensation. Besides extending the implied warranty to intended, rather than ordinary, purposes, warranties can be used to extend the guarantee of serviceability beyond the delivery date, guarantee certain technical specification, or guarantee a replacement or repair in cases where defects are found. Here are some things to look for in warranty clauses: • Time limits on the warranty. • The “as is” clause. Be wary of this clause as it can essentially eliminate all warranties–including the implied warranty provided by states that have adopted the Uniform Commercial Code. • A specification that the defect must be of a certain size or cost before the warranty can be triggered. Used judiciously, these clauses can lower the total cost of contract management. Because the buyer will not constantly be invoking a warranty clause over small defects, the contractor should be able to provide the goods or services for a lower price. This is the case because the contractor will not have to add staff to handle and check on numerous small warranty claims. • Warranties for only a part of the product or service–such as a warranty of parts but not labor, or the drive train but not the rest of the vehicle. • Required records. Some warranties will allow the buyer to have the good repaired or the service delivered by another vendor, but will require certain types of records before authorizing warranty payments. More often, record-keeping requirements are left unstated, but will still be necessary to make a claim. • Repair sites. Some warranties require that the product be repaired only at an authorized site. This requirement can be crucial in cases where the authorized repair site is inconvenient or has a large backlog of work orders. • Timing of claims. Sometimes warranty clauses require the buyer to notify the contractor within a short period of time after discovery of the defect. If this is the case, property owners need to keep track of this and to make sure that those who are likely to discover a defect will, if a defect is discovered, promptly communicate this fact to the property owner. Key phrases to look for in indemnification clauses include: • Any and all claims –this term obviously tends to expand the scope of the indemnification. • Bodily injury claims only –this term limits the indemnification claims to personal injury. However, as injury claims are likely to be the most substantial type of claim, the limitation may not be that substantial. • Sole negligence –indemnification clauses can be triggered by the degree to which negligence is shared by the parties to the contract. For example, if the property owner wanted a very strong indemnification clause–one that would protect it against most claims–it might ask that the contract indemnify or hold harmless the property owner in all cases except for when the property owner was solely negligent. That is, the contractor would essentially take responsibility for damages or losses where there was some shared negligence. • Expense limits –indemnification clauses will often be limited to a set amount of damages or to the limit of the contractor’s or property owner’s insurance. • Obligation to defend –sometimes indemnification clauses will place an obligation on the indemnifying party to defend claims made against the party being indemnified. • Expense deductions clauses –expense deduction clauses allow the indemnified party that has been sued to deduct the expenses for its defense from the payments that would otherwise be due to the other party or contractor. • Subrogation or waiver of subrogation –subrogation refers to the substitution of one creditor for another. Sometimes indemnification clauses will include a waiver of subrogation which can have the effect of limiting the liability of the party being held harmless by the indemnification. Subrogation typically occurs when an insurance company pays off a claim. That is, in return for paying off the claim the insurance company will (according to the terms of the policy) gain subrogation right or the same rights as the policy holder would have to sue other parties that might have been responsible for the loss. A good rule of thumb for property owners is consult with an experienced Layton Utah real estate lawyer whenever a complex indemnification clause is proposed by a contractor. Layton Utah Real Estate Lawyer Free ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Bankruptcy Lawyer Heber City Utah via Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-layton-utah/ It is vitally important to understand your tax obligations when starting a small business, including effective record-keeping and deductions. We’ve talked about helping startups here, here, here, and here. Federal Business Taxes: Introduction A new business should be prepared for the kinds of taxes that they will be required to pay. There are four general kinds of federal taxes relating to business:
State and Local Taxes: Introduction In addition to federal tax obligations a new business should be aware of state and local tax obligations. These obligations may vary greatly between states or cities and it is critical that you investigate or contact local authorities to determine your obligations early in the process of forming a business. Typical obligations include payment of the following:
Taxes: The Importance of Record-Keeping Apart from the legal obligations a business may have to maintain accurate records there are a number of reasons a shrewd businessperson will want to keep comprehensive records. Financial records can help you monitor your business’s progress. Profit can be difficult to determine without a clear record of income and expenses. Accurate records can also help determine which business activities are producing the largest profits for your business, allowing you to direct your energy and assets to those activities that give the highest return. Accurate records can assist in the preparation of financial statements for use in tax filings or to apply for a loan or credit on behalf of the business. Maintaining record of the source of receipts can help ensure that proper deductions are claimed and deductions questioned by a tax authority have the appropriate support. Comprehensive records assist with the preparation of tax returns and provide a defense against any suspicion of wrongdoing. Startup Tax Lawyer Free ConsultationWhen your startup need help from a tax lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Who Is Responsible For Credit Card Debt In A Divorce? via Michael Anderson https://www.ascentlawfirm.com/startup-tax-help/ Before you file for bankruptcy, speak to an experienced Heber Utah bankruptcy lawyer. Bankruptcy can adversely affect your credit score. Credit is very helpful in managing your financial life, and in two different ways. In the long run, the money going out more or less must match the money coming in—but in the short run, there will be shocks that will lead to a surge in the money going out relative to the money coming in, and access to credit can smooth the adjustments—and minimize the sharpness of the decline in your expenditures when there is a sudden drop in income or a one-time surge in emergency expenditures. Moreover, credit often is needed to finance the purchase of “big ticket items”—homes, cars, refrigerators, and other durables that provide a flow of services over time. You can rent these assets, or you can “buy to rent,” or you can buy them with credit and repay the loan over three, seven, or thirty years. In each case, you make a series of monthly payments, and hence you need to know which form of acquiring the use of the assets is less costly. Credit usually is the lower cost choice—if you qualify for the credit. One of the two basic types of credit is secured or asset backed; home mortgages and auto loans are asset backed because the terms of the credit contract provide that the lender has the right to acquire ownership of the asset if the borrower fails to adhere to the repayment terms. A loan from a pawnshop is a secured credit; the borrower leaves an electric guitar or the motorcycle or the diamond ring at the shop and receives a loan for ninety days. If the borrower fails to repay within ninety days, the pawnshop is likely to offer the goods for sale. Unsecured credit means that the borrower’s credit reputation is on the line. The borrowers usually sign a note—an IOU that specifies the terms of the loan, primarily the interest rate and the repayment schedule. Most unsecured credits are for less than $5,000. The lenders rely on the assumption that most borrowers will repay on time to protect their credit reputations and their ability to borrow in the future. The lenders can always pursue the borrowers into the courts and force them into bankruptcy—which will make it difficult for them to secure credit for the next seven years. Interest rates on secured credit are lower than on unsecured credit, because the risk of loss to lenders is smaller. Ideally the lenders would set the interest rate charged each borrower based on the likelihood that the borrower would not repay. The greater the likelihood that the borrower would not repay, the higher the interest rate. You might think that the lenders would like to set the structure of interest rates so that they are indifferent between low-risk borrowers and high-risk borrowers after adjusting for losses and the costs associated with managing these losses—for example, the costs associated with homes that they have acquired through foreclosure or the costs associated with repossessing an auto if the borrower has not repaid in a timely manner. In fact, the lenders set the interest rates so that high-risk loans are more profitable than low-risk ones, even after adjusting for the greater likelihood and higher costs of the losses. One reason that high-risk loans are more profitable is that these borrowers have fewer alternatives; they can’t easily take their business to other lenders. The firms that make “payday loans” are immensely profitable. Credit cards differ from checks and debit cards because they bundle the payment with an “automatic loan,” since you pay with “other people’s money”; you prequalified for what in effect is an unsecured loan when you received the card with its credit limit. (Often the credit limit when you receive the first card is $3,000.) Once you’ve received the card, you’re free to draw on the line of credit. The rewards credit cards differ from the no-rewards credit cards in that you receive something back, often cash or frequent flyer miles. One rewards card provides 1 percent back on purchases of x, 2 percent back on purchases of y, and 3 percent back on purchases of z. Another type provides “points”—for example, accumulate 10,000 points (often you earn a point for each $1.00 of expenditure) to buy a vacuum cleaner—or you can accumulate frequent flyer miles (FFMs) that will be added to the FFMs that you accumulate when you fly on the airlines. (In effect, the airlines sell FFMs to the banks and the others which they “give” to you when you buy their goods and services.) Figure that these rewards amount to 1 to 2 percent of the value of your purchases. The supplier of the line of credit is likely to be a bank, but it could be a specialized lender or travel firm like American Express. If you pay the bill from the lender within the grace period—say, fifteen or twenty days after you receive your monthly bill—you are not charged interest. In effect, the lender makes you an interest-free loan for two or three weeks, twelve months a year. The firms that issue the credit cards are not charities; they incur costs of $150 to attract one more user of credit cards. These firms view you as a profit center. They have three sources of income to offset the costs incurred in attracting more users of the cards and in making the interest-free loans. These lenders buy the IOUs from the gas stations and the supermarkets and the department stores that you have produced when you used your credit card for $0.97 or even $0.95. (These sellers hate these fees; they feel they are being gouged. But they have little choice, because if they didn’t take the cards, many customers would take their business to their competitors that take cards.) Most of these sellers have raised their prices to offset most or all of the haircut they take when they sell $1.00 of IOUs to the lenders for $0.97. (Some of these sellers have established their own cards to reduce the amount they have to pay the credit card companies.) Assume that you charge $1,000 a month, or $12,000 a year—that’s $360 of income to the lenders from being able to buy your IOUs at a discount. Moreover, these lenders have a lot of data that indicate no more than 50 percent of those who use credit cards will repay the amounts due within the grace period, so they now have a set of borrowers who are on the hook and paying interest initially that is in the range of 12 to 18 percent. Finally, you may have paid an annual fee of $60 or $85 for the card. Some upscale cards have annual fees of $395. Once you have a credit card, keep it; don’t change cards even if some other vendor has a card with a low teaser rate—the lenders take the stability in your relationships seriously. Improving your credit rating by reducing your average monthly balances relative to the limits means that you may need to reduce your spending relative to your income. But that’s a one-time adjustment that may take three or six months—once you’ve dieted, you will have the benefit of lower interest rates for an extended period. For example, assume that you are stretched and that you are carrying $8,000 of credit card debt from one month to the next. The interest rate probably is in the range of 20 to 25 percent—so you are paying $1,600 to $2,000 a year in interest. As you work off the debt, the interest payments decline. Commit to a few rules that will enable you to reduce your indebtedness by delaying some purchases until you are able to pay the monthly bill in full when it arrives. Several million families a year file for bankruptcy because of the burden of their credit card debt. The usual pattern is that when the monthly bill arrived, they took the easy way out—they paid the minimum required by the lender, which might have been as little as 5 percent of the amount due. There are five ways to get off the treadmill. Declare bankruptcy. Negotiate a reduction with the lender (good luck). Semi-starve. Refinance by increasing your home mortgage, or sell the car and other big-ticket items. Mortgage rates are usually lower than rates charged on business or consumer loans, in part because a house serves as collateral that the lender can possess if the loan is not paid. Interest rates on business loans are usually lower than those on consumer or credit card debt. Interest rates charged on credit card debt are particularly high because people who delay payment and use this debt most are those who are short of cash and have a relatively high likelihood of default. The principle that the interest rate charged on debt depends on the default risk of the debt applies to all borrowing. If debt is perceived as riskless, the rate charged will not be much higher than the rate for riskless government debt. In making a risky loan, however, investors require that the interest rate be higher. The test of a successful financial plan is whether the end of a regular salary check will have a baneful impact on your spending. You want to be sufficiently confident about your financial future so you won’t be in the large majority that fears they will outlive their assets. No matter how hard they may try, borrowers may end up being unable to keep the debt obligations they have incurred. What happens then depends on the law and on what their creditors and the bankruptcy court decide to do. Heber City Utah Bankruptcy Lawyer Free ConsultationWhen you need bankruptcy help, whether it is a chapter 7, 11, 13, 12 or 9, please call Ascent Law LLC at (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Do You Still Owe Money After Foreclosure? via Michael Anderson https://www.ascentlawfirm.com/bankruptcy-lawyer-heber-city-utah/ Suppose there is guy named Steve —who is pursuing his carrier in music. All the day he writes his lyrics of the songs that he will later work on as song. He has made schedule elucidating on what time he will be singing and on what time he will scribbling his thoughts on the paper. Apart from he does nothing. His days starts with his singing instrument and even ends with him alongside with his bed. As he is engulfed in his music, he does not care about all the other business transaction that happens. He is totally inclined in his music career. But sooner or later, he will need help regarding aforesaid mentioned negligence. He reaches out to the office of law firm so that could provide helping hand in taking caring of all that mess. These kind of firms have know-how about all kind of nuances related to business and legal activities of entertainment industry as these firms handle agency contracts, contracts of the recordings, management contracts, merchandising, copyrights, performances contract, trademarks and royalties and residuals. As this law office will do all this stuff. Steve will get all its time give all of himself to the music. This is how entertainment laws and entertainment attorney help candidates with their businesses. Entertainment law is surrounds the application the contractual, property related, and intellectual law regulations for the users that are engulfed in to the entertainment industry. They are simply legal services for entertainment industry. Entertainment law is the one of the sub-divisions of commercial law. The gamut of entertainment law extends to the different form of the media, those are music, theatres, sports, dance, literature, architecture, visual arts, TV industry, radio, and internet. These laws are more familiar with intellectual property laws but there are some sides that may reflect the involvement of the fields such as queries of employment law, labor law, intellectual property incorporating trademarks, copyrights and publicity rights, immigrations laws, bankruptcy, security law, security interest, laws of agency, rights of privacy, laws pertaining to defamation, clearance of rights, international laws, and insurance laws may be asked in the litigation related to entertainment law related matters. Attorneys who are engaged in entertainment laws are termed as “Entertainment Attorneys”. They are ordinarily involved in two kind of activities; either they are contacted to protect the interest of the clients when things derail or they are hired to bring the best interest for their clients. Here clients are also saved from the copyrights infringement by any of fellows. Attorney do the protection. Lawful issues may emerge at any phase in the production of unique works of excitement. Amid the creation organize, formal contracts are expected to set forward the separate privileges of the gatherings engaged with the venture. For instance, an on screen character having an impact in a business will be approached to sign an ability discharge. This record is a legitimately enforceable understanding whereby the entertainer gives the maker the privilege to utilize his or her name, similarity, voice, and execution in return for money related remuneration. The terms of these and other creation understandings must be consulted by the gatherings and looked into to guarantee they conform to the law. Amid the authorizing and conveyance organize, any number of lawful issues can emerge in the dealings between the proprietors of a work of entertainment and the individuals will’s identity scattering it to people in general. For instance, somebody who holds the copyright to a common tune may go into an eminence concurrence with a radio station. Each time the radio station plays the tune, the copyright holder gets a sovereignty installment. Comparative understandings are fundamental when secured works are dispersed through different mediums, for example, the web. Excitement law oversees these sorts of exchanges and offers insurance against theft and unapproved use. In the state of Utah stimulation legal advisors are decidedly ready to manage each type of entertainment law. The troublesome and confounding nature of distributing contracts, copyrights, recording bargains, and numerous other lawful exchanges a craftsman must experience makes looking for expert lawful direction an unquestionable requirement for any individual wishing to really succeed. By enabling entertainment attorneys to adapt to the legitimate bad dreams of your profession, you can concentrate on the making, making, and seeking after your excitement dreams. An entertainment law may give lawful direction in regards to the accompanying: • Music creation and authorizing • Copyright assurance • Unapproved scholarly production • Record mark association • Rights securing understandings • Recording contract exchange • Promoting and sponsorship understandings • Live execution and visiting exchanges • Audit and exchange of film dissemination understandings • Audit and exchange online substance permit understandings • Goals of communicate permitting and administrative issues • Arrange and draft generation understandings • Arrange and draft film and TV ability understandings • Give legitimate help with respect to sovereignty questions • Case of trademark encroachment. An Entertainment lawyer is an individual—legitimately approved to manage issues identified with entertainment and media law. Giving support of the entertainment division and managing the regions of entertainment law which may cover with protected intellectual law frames a fundamental piece of his or her obligation. The lawyer may work in the various zones of entertainment field, for example, film, music, TV, radio, theater, media, distributing, visual expressions and plan, and criticism. Obligations may incorporate dealing with all parts of lawful clearances for real life amusement discharges just as prompting advertising and innovative work force. May arrange permitting of music, ability and contract terms and may supervise trademark and title freedom demands from brand through corporate legitimate. A entertainment lawyer additionally, surveys and oversees advancement and dispersion understandings to guarantee legitimate consistence with their terms. Likewise, surveys and favors DVD extra materials which may incorporate music, ability, outsider rights issues, VHS and DVD wraps, marks, refunds, exposure duplicate of TV spots and trailers. Can likewise play the job of middle people for groups and administrators. Entertainment lawyers frequently face troublesome irreconcilable circumstances. For instance, a lawyer who has spoken to a record organization is frequently sought after by a recording artist to shop the artist’s material to that organization. The artist realizes that the organization will regularly confide in the lawyer’s assessment of the artist’s attractiveness, which gives the artist a superior shot of acquiring an account contract. The lawyer, be that as it may, is frequently aware of secret data about the record organization, or still speaks to the organization in related exchanges. Lawyers and artist have been associated with a few prominent debates as a result of such irreconcilable circumstances. A run of the mill typical day for a entertainment law value-based lawyer may include: Drafting and arranging advancement and creation contracts, for example, essayist understandings, ability understandings, and recording understandings. Chipping away at financing understandings for sponsorships, bank credits, co-creation speculations, gifts, and different kinds of ventures. Getting ready structure understandings for customers, for example, appearance discharges, area discharges, and permit understandings. Investigating contracts and other authoritative archives to dissect rights issues or different business or legitimate inquiries. This work includes lawful ideas over numerous branches of knowledge, including licensed innovation, contracts, business affiliations, securities law, and work and business law. Notwithstanding understanding these substantive regions of law, excitement law lawyers help customers with activities that are not really viewed as conventional legitimate work, yet have lawful and business suggestions, for example, exploring and remarking on pitches and spending plans for TV arrangement, films, versatile applications, or other stimulation ventures. In spite of the fact that stimulation law envelops the majority of the segments of media outlets, entertainment value-based lawyers will in general spotlight on a couple of excitement parts, as every segment has its own industry standards. For instance, lawyers serving music industry customers frequently have practical experience in that segment. Correspondingly, different lawyers center around TV or film industry customers. Over the majority of the segments, exchanges emerge in the advancement, financing, generation, and circulation periods of a stimulation venture. Contingent upon the venture, entertainment legal counselors can invest a great deal of energy in the telephone or email with customers and contradicting guidance to work through contract and arrangement issues and to take care of issues identified with generation and different periods of an amusement venture. There are numerous sorts of law in the state of the Utah that are every one of the a piece of entertainment law. A entertainment attorney rehearses any of these sorts of law: Contract Law In Entertainment LawAn enormous piece of entertainment law is contract law. A few contracts in media outlets a years ago while others are for a solitary occasion. Contracts in media outlets may include exceptionally a lot of cash. Drafting and arranging contracts is a key piece of amusement law. Attorneys must work to painstakingly to arrange understandings that are great to their customers. They should be aware of issues like enforceability of agreement terms and harms in case of a break. Non-contend understandings are regularly an enormous piece of amusement law. A generation organization might need to build up an ability and advance them. They may need affirmations from the ability that they aren’t going to go work for the challenge for a timeframe after their business closes with the organization. An understanding that limits an ability from working for the challenge is known as a non-contend understanding. Both national on-air abilities and neighborhood gifts may have a non-contend understanding as a major aspect of their work contract. Be that as it may, non-contend understandings must be sensible. Both making a non-contend understanding and testing its enforceability might be a piece of entertainment law. Indeed, even deliberately drafted contracts may result in contradictions in amusement law. At the point when there are questions, individuals and associations in media outlets go to prosecution. They may utilize case to determine contract debates, torts, work questions and different kinds of wrongs or differences. Legal advisors who practice prosecution entertainment law must be talented in common system, preliminary support and elective question goals so as to help their customers accomplish great results when entertainment prompts suit. Work And Business Law In Entertainment LawEntertainment legal advisors must be aware of work and business laws that apply to their industry. Regardless of whether it’s composed law from a government or state office or it’s an arranged association contract, entertainment legal advisors who utilize ability and generation staff must make certain to pursue work and business laws. Work and business laws that are pertinent in the business may identify with reasonable enlisting rehearses, most extreme permitted long stretches of work, specialists pay or wellbeing guidelines. Entertainment makers need to consent to various standards and guidelines. The Federal Communications Commission makes guidelines that apply to media outlets. For instance, there are FCC confinements that counteract radio and TV organizations from owning a lot of control of any geographic market. Moreover, if a radio or TV slot gives one political hopeful time broadcasting live, it must give equivalent chances to other political applicants. Amusement organizations depend on lawyers so as to enable them to agree to the heap of guidelines that supervise the entertainment and interchanges enterprises. Another significant zone of entertainment law is measures and practices. Models and practices alludes to the moral and lawful ramifications of an amusement creation. Legal counselors help entertainment organizations distinguish rehearses that may expose the organization to legitimate risk. They help the organization execute best practices so as to limit legitimate risk. For instance, a measures and practice lawyer may suggest expelling revolting substance from a communicate so as to limit the danger of a fine from the FCC. They may enable the company to address issues that may emerge amid the generation of a game show. In the principles and practices process, lawyers help their customers work together in a manner that limits legitimate hazard to their customers in media outlets. Entertainment Lawyer Free ConsultationWhen you need help from an Entertainment Lawyer, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Things To Include In Your Child Custody Agreement Three Things To Consider In Divorce via Michael Anderson https://www.ascentlawfirm.com/entertainment-law/ The trial is an important part of a Utah Family Law court case. What you do during the trial will affect the outcome of your case. Don’t take chances. Hire the services of an experienced Provo Utah family lawyer. A trial is in many ways analogous to a theatrical production. The parties, witnesses, judge, and even the court staff perform for an audience of jurors who will ultimately render the penultimate critique. Just as a Broadway play or musical cannot be staged until the director has assembled a capable cast and crew, a trial cannot proceed until the trial lawyer has identified necessary witnesses and prepared them to testify. The trial lawyer, like the director, can ill afford awkward gaps once the curtain rises. A seamless presentation is an absolute must, for there is no such thing as a “redo” when it comes to either a trial or a Broadway production. Testimony is typically provided by live witnesses at the trial. However, the testimony of an ill, deceased, or otherwise absent witness may also be presented via deposition or prior trial testimony. Fact witnesses, also known as percipient witnesses, testify about what they personally saw, heard, or smelled. They are not, in most instances, permitted to express opinions while testifying. In contrast, expert-witness testimony is almost always presented in the form of an opinion. Expert witnesses rarely have personal knowledge of the underlying facts in a case. This is not to say that an expert is free to disregard the facts. Indeed, expert opinions are only permitted if they are rationally based on the facts and derived from analytic methods that are generally accepted by mainstream medicine and science. Percipient and expert witnesses play pivotal roles in every trial, but in my cases the testimony of a credible, well-qualified expert witness is frequently the deciding factor for many jurors. If you believe your family law court case requires an expert witness to testify on your behalf, speak to an experienced Provo Utah family lawyer. The lawyer will review your case and chose the best expert witness for your case. The Good Expert WitnessWhat constitutes a “good” expert witness? This is not as easily answered as you might think. Inevitably, conflicting expert opinions will be presented during the course of a trial. It is, of course, the jury’s task to resolve such conflicts. Jurors are instructed that they need not accept the opinion of an expert. Rather, they can choose to believe all, part, or none of an expert’s testimony. An expert’s qualifications, biases, demeanor, and methodology figure prominently in such an assessment. It is therefore crucial that the trial attorney select expert witnesses who are not only well-qualified to render the opinions they impart to the jury but equally capable of withstanding the sometimes withering attacks leveled against them by opposing counsel. A Bad Expert WitnessJust as it can be difficult to define what makes an expert witness good, it can be equally difficult to identify with any degree of precision that which makes an expert witness bad. The bad expert typically is less qualified to speak on the subject, evinces a clear bias, appears combative, and frequently is poorly prepared. While a skillful attorney can highlight these weaknesses at deposition, the courtroom is the venue best suited to exposing a bad expert. The “ugly” expert is nothing more than a really bad expert. Discerning a bright line between bad and ugly is, after all, a subjective call. Happily, the ugly expert is the rarest of exceptions to the rule Closing ArgumentsAt time of trial, after all the evidence has been presented for both sides, there comes a time of closure when each side is given the opportunity to sum up what has been offered as evidence in its client’s favor and to remind the trier of fact what has been offered. These almost final steps in the trial are called closing arguments. If you have accepted the request of someone you know to act as their expert witness in a Utah family law dispute, speak to an experienced Provo Utah family lawyer to know what to expect and what is expected from you. Once you accept the request of someone you know to act as their expert witness in a family law dispute, the next thing you know, a 20-pound, overnight-express box appears at your door filled with company records, deposition transcripts, medical reports, or other documents that “look legal” but have very little meaning to you at this point. Luckily, you will find a letter from your attorney/client that outlines the nature of your involvement in the case, and what questions you are expected to answer. This “yellow brick road” is, you hope, the tool that will guide you through the maze of paper and focus your attention on the most critical issues at hand. In every legal case, each side attempts to persuade the trier of fact that their side is the true and righteous way. It is just like the evaluation of a future home: If the houses you consider vary in their structure and substance, it is easier to form your decision. The house constructed of straw and speculation is at one end of the spectrum while the brick and mortar structure is at the opposite end. The literature you cite, the examples from your experience that you relate, and the details of your specialized training are the bricks and mortar of your testimony. The straw house can be blown down with the weakest gust of wind, but the cross-examination hurricane makes little impression on the brick house built on a solid foundation of facts. If you were the jury, which one would you choose? Have the confidence of your own self-worth! When you have expertise in a unique subject area supported by years of experience, the court will, more likely than not, judge you to be an expert. You certainly know a great deal more about your subject that a layperson or the average juror. Self-confidence is the key. Know your facts, support them with corresponding opinions of others, and explain your opinion like a teacher to students who now know you but don’t yet know your subject. The judge or jury should be considered anxious receptors-students for your teaching explanations of complicated technical concepts put before them. Trust in the trier of fact’s handling of your information, for she may pleasantly surprise you! If this is the first time you are entering a courtroom, you may be nervous. But there is nothing to be nervous about. An experienced Provo Utah family lawyer will tell you that the courtroom is a workplace, just like any other. The witnesses, lawyers, judge, bailiff, jury, clerk, court reporter, and others are doing their jobs. When you understand and appreciate those jobs, the courtroom will never again be an intimidation A very important rule that particularly applies differently to the percipient and the expert witness is called the hearsay rule. An expert witness unlike the regular witness can provide testimony on issues that known to him or her personally. Hearsay is basically second hand information. An experienced Provo Utah family lawyer can explain the Hearsay rule in detail to you. The origin of the hearsay rule arose out of English common law and the case of Sir Walter Raleigh being tried for treason against the crown. His guilt was predicated upon testimony that someone else heard him saying that he would slit the king’s throat. This rule in essence banned hearsay testimony because it was not the direct and personal knowledge of the witness, as it was based on out-of-court statements overheard by someone else who then used those unreliable statements as a basis to try and convict Sir Walter Raleigh of treason. A rule of evidence that is particularly important to experts relates to the handling of physical evidence. During the course of an investigation or case evaluation, you may be asked to examine an item that has a pivotal role in the case. When these items come to you, they should be accompanied by a form. This form should contain the item description and the details of the prior custodians of that item, and a date and time of release to you through a certified courier who transported the item in a manner that would not alter its state or condition (i.e., a box, container, wrapping, etc.). On occasion, a critical piece of evidence examined by one expert will be requested by an expert on the opposing side. The retesting may be just examination, or it may be some form of analysis. The testing parameters are usually cleared through the court, in the form of opposing motions, as to how and when the tests are to be conducted. One issue that usually pops up is whether or not the testing can consume a portion of the actual item. This type of testing is called destructive in that some of the actual item is consumed by the test procedure. When the testing can be done without altering the condition of the evidence it is described as non-destructive testing. Depending on the evidence item in question, gray areas arise that typically end up in the court requiring a hearing to learn more of what the testing entails. The Impact Of Expert TestimonyIn any legal action, foundation equals persuasion, and each of the two opposing sides attempts to persuade the trier of fact (the judge or jury) that its position is the correct one. In order to accomplish this, the pans on the scales of justice must be weighed down with persuasive expert- and percipient witness testimony that tips the balance. Each side orchestrates a parade of witnesses that will present their pieces of the evidentiary pie for the jury to weigh and then accept or reject. The weight given to testimony by the jury or judge depends on the quality and credibility of the evidence presented. As an expert witness you play an important role in the case. You should seek the assistance of an experienced Provo Utah family lawyer and prepare for your testimony. It best to have an experienced lawyer assist you with your testimony although you are an expert. The court process is a complex one. Provo Utah Family Lawyer Free ConsultationWhen you need legal help from a family lawyer in Provo Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Financial Tips For Women Going Through Divorce via Michael Anderson https://www.ascentlawfirm.com/family-lawyer-provo-utah/ Over the years, the most certain question, based on the course of action as it relates to foreclosure is: • Will I owe the bank money after foreclosure? The answer is: It depends. To be 100% sure, call Ascent Law and speak with one of the lawyers there. They can help you to know for certain one way or another. As a house owner, that would be the main question for me as well. If you are not aware of the legal process in your market, you should learn. It is essential that you can answer this question for the owner when it arises. When the lender or bank foreclosures on the property, and they eventually sell the property for less than what was owed, then a deficiency exists with the loan. The weakness is the difference between what the house owner owed and the amount of property sold. For example, Mary owes $100, 000, and the lender foreclose and sold the property for $60, 000 at auction. There is a deficiency of $40, 000 for which the lender can sue the house owner. The key phrase is “can sue”. However, this is a practice that rarely happens, but it’s a real concern for the house owner in most cases, the house owner wants nothing else to do with the lender once the property is sold at auction. If the deficiency judgement is granted, it would appear on the house owners’ credit card just as any other decision would appear. The house owner(s), while they are not savvy to the short sale process, would want to know happens to the difference. Will they be required to pay the difference? During short sale process, house owners can negotiate with the lender, not to seek a judgement against them because they feel they’ve waived their right by accepting a short sale. There is a second issue as it relates to the deficiency, and that’s 1099. The lender will issue 1099 to the house owner for the difference. In Mary’s case, the lender will grant her 1099 for $40, 000. This will be reported as income Mary had received, and therefore she will have to pay taxes. Either way, the deficiency judgement can be of great concern to house owners. There are couples of actions that the house owner has, as it relates to the deficiency judgement. In Mary’s case, she should file bankruptcy to address the report. She could also short sale the deficiency with the lender at a later date. In other words, offer the lender a lesser amount as “payment in full”. Here is an important note. The lender, if they issue 1099, cannot be sue for a deficiency judgement. The lender can only pursue one or the other. In other words, Mary can’t receive both a deficiency judgement and 1099 from the lender. As you disclose to the house owner this vital information, you must inform them about the consequences of the deficiency and 1099. They will decide to continue working with you or not. Most of them believed in the past that once the sale is completed, they are free and cleared. Collection activity begins almost a year after the purchase and it is relentless. Without the clause in the contract, house owners are liable for the remaining debt, especially to the second mortgage holder. These collection agents can pursue you aggressively, ruin your credit card, and may even take you to court for the amount owed. These collectors, of course, add their collection fees to the debt making the debt more substantial and harder to pay off. Some states are still considered non-recourse states. What this means is that if a mortgage goes wrong and house is sold, the original borrower is not responsible for any difference in the loan amount. However, this non-recourse rule does not apply to second mortgages in any state. Borrowers must also be aware that many lenders have now resorted to including a promissory note in the contract. This note obligates the borrower to pay for the remaining balance of their debt to the lender after the short sale has gone through. Most lenders’ state will not approve a short sale without this guarantee. However, with proper representation by a real estate attorney, this pitfall can be avoided. House owners that are already facing financial problems do not need this additional grief. It is very important to have a clause in short sale contract relieving you of the responsibility of the balance of the loan(s). Short sale has become a widely practiced form of real estate selling in the previous years due to the market. Most lenders do not like the process and they continually change their guidelines for the procedure. Real estate agents, even those that specialize in short sales, cannot keep up with all the different rules and regulations set forth by the most lenders. For this reasons, it is crucial to have an attorney involved in the process. The charging off from the 2nd lien relates to an accounting entry. Your lender will not charge off the 1st lien, and if you go past due on the 1st lien, it will leads to foreclosure. Remember, the 1st and 2nd lien is very much different as far as the possible outcome for each that will occur if they’re past due. Make sure you offer an occasional payment on the 2nd lien, so that it will get beyond 120 days. Use 120 days or less as the safety net to stay within and avoid a charge off. (FYI, a redemption period is a section of time allowed by law for you to pay the lender what you owe them for keeping your house. In some states, this redemption period will fall after the auction. An evictionIf you’re still in the house after the house has been auctioned, then the new owner (or the bank if there was no bidder) will have to go through a legal process to evict you. The eviction process can take up to 5 to 90 days, depending on your state law. You will not be dumped on the street without notification. The sheriff’s department will serve you notice of eviction and in that notice would be instructions and the time frame to get you out. If you want more details on the eviction process, then you will need to call the claim courts in your local courthouse. Ask the way eviction process works to understand exactly how many days you will have to leave the house after the auction. An eviction will only take place if ownership is transferred out of your name after the auction. Each mortgage can foreclose individually. If it is the second mortgage that goes to auction, then the property owner does not transfer to the highest bidder or the lender. Redemption periodThis is an amount of time that allows the house owner the opportunity to stop the foreclosure by paying the entire loan. Only some states have a redemption period, Wyoming is one of them. This usually starts after the auction, and in Wyoming, it runs for three months. A redemption period is a lifetime in which you can sell your house and get out of foreclosure that has already taken place. During this period, you cannot be evicted and you won’t be making any house payments. Deficiency JudgementIn some cases, the lender is not able to sell your house for the full amount you owed on the mortgage. When this happens, the lender will seek what is called deficiency judgement to recover the rest of the money owed. This is done through the court system, so you will get notified if this happens and you might be summoned to court. Not all lenders seek a deficiency judgement, even if it is allowed in your state, the lender will not choose to find one after the auction. Once the court allowed a judgement for the lender to recover the deficient amount, they might attempt to garnish your wages or take your assets to pay for the debt. In the judicial sates, when the initial complaint is filed to initiate the foreclosure process, the lender can also register for an automatic deficiency judgement if the auction doesn’t bring the full amount owed on the mortgage. Not all states allow a deficiency judgement, again, each state is different and therefore, what happens after foreclosure will vary as well. It is obviously in the best interest of the house owner to be proactive and deal with foreclosure. At least there is a chance that the investor can negotiate away the deficiency before it even becomes an issue. Free Consultation with a Foreclosure LawyerWhen you need help with a foreclosure in Utah, please call Ascent Law at (801) 676-5506 for your Free Consuultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Criminal Defense Lawyer Famington Utah Don’t Make These Advertising Mistakes via Michael Anderson https://www.ascentlawfirm.com/do-you-still-owe-money-after-foreclosure/ If you have special needs child who needs to be looked after you are gone, speak to an experienced Tooele Utah probate lawyer. There are ways you can ensure that your estate is put to proper use for the benefit of your special needs child. An experienced Tooele Utah probate lawyer can explain your options. Under Utah law, you have many options including a will, a trust and other estate planning devices. Estate planning is something that we think about and plan to do but unfortunately may leave to the last minute. There are multiple stories of adult children still living at home with parents who die suddenly or become disabled. Sometimes they have never written a last will and testament or nominated guardians—no arrangements have been made for an adult child who is unable to care for herself. Sometimes this is because of financial concerns or just too many day-to-day details to deal with. We don’t expect to die, and we may hope to survive a child with disabilities. To be honest, it is morbid and scary to think about it. Realistically, it is like leaving an adult with special needs unprotected from a multitude of harms. Lack of planning will make an already difficult situation much more painful for your adult child. Wills and trusts generally are financial instruments that also nominate representatives for your children. Those documents are very important, but they need to be supplemented with other documents. It is also important for representatives and caregivers to have a good understanding of your adult child’s special needs, day to day, medical history, family history, and other details that are not covered by estate-planning documents. This is true regardless of how independent she will be. The trustee, for example, will need to understand medical costs and other information in order to budget funds and distributions for her in a prudent way. The reality is that estate-planning documents can’t possibly contain all the necessary information and the important history to provide for her care. In fact, it isn’t a good idea to put personal information in a will or trust that might be filed at the court and available publicly. What does that mean in terms of how to care for a child or adult child? If the named guardian or caregiver has not been around the child, he or she may not have a clue about who the child is as a person—or what her special needs are. This person may not have the answers to important questions such as: • What is the general health of the person? Is special medical care needed? Allergies? • Who are her medical providers and dentist? Where are they located? How often does she need to visit them? • What kinds of foods does she eat? This would include what she will tolerate as well as any food allergies. • What kind of assistance does she require? • What kind of lifestyle is she most comfortable with? • What is her weekly schedule? • Who are her friends and significant people in her life? How do I reach them? • Is there a funeral trust for the adult child with your family arrangements or elsewhere? The idea of supplementing estate-planning documents is to answer questions about your adult child that may not be obvious from those documents. Your adult child may be able to function fairly independently, but you still may monitor certain things fairly closely during your lifetime; and these things might not be obvious to others. She may have trouble communicating small needs for assistance. She may be embarrassed or depressed from grief of your absence. Whatever the situation, having a supplemental file will make a big difference in assuring things go better for her after you are no longer able to monitor her care and protection. Representative to act for your estate and for your childrenUtah has its own rules about guardians (someone who acts for another person). But you will need to check with an experienced Tooele Utah probate lawyer to know more about the laws. Guardian of the EstateA conservator manages financial matters but cannot make medical decisions or life decisions. For example, a conservator may obtain health insurance but doesn’t have the authority to consent to treatment. He or she may sign a lease on an apartment and pay the bills out of the person’s funds. TrusteeIf parents or grandparents leave a bequest to a child who is unable to manage her own financial affairs—or for some reason can’t receive larger amounts of assets—they may put it in a testamentary (contained in a will) trust or some form of living trust. In the will or trust, the trustor (person owning the property—parents, grandparents, etc.) appoints the trustee to manage those funds. It is a different role than a conservator because trustees are not appointed to manage the person’s entire estate, only specific conditions contained in the trust. A conservator, on the other hand, manages a person’s personal funds including government benefits outside the trust. There are many types of special needs trusts. You will need to get legal advice about the type of trust that is appropriate in your case. For example, perhaps your adult child receives Supplemental Security Income, Medicaid, and other governmental benefits. There are generally limits to the amount of assets, including cash savings and property, a person can have and still receive services. For example, for Medicaid, a person can’t have more than $2,000 in cash and assets. Usually, a home and car are excluded from that limit. A special needs trust can receive the assets and coordinate with regulations to provide only monies and care not covered by the governmental programs. This will protect the eligibility for services. If she works and lives independently, but gets reduced rent or food stamps, this can be affected by change in assets or income from an inheritance as well. A trust could provide supplemental needs without jeopardizing the benefits. If she is in a residential facility funded by Medicaid or other government funding, she may only be allowed to keep a very small monthly allowance out of her SSI or other income and must contribute the balance as her share. The difference will be picked up by the government funding. However, there may be specific services and items that are not covered by Medicaid such as the following: • Certain medical treatments and medications. For example, if the doctor prescribes a medication that is not covered by insurance, it is possible that the trust could pay for it, if the trust is written to provide for that. • Specialized clothing. Generally, clothing must come out of the small monthly allowance. If she requires a lot of clothes because of incontinency or behavior that destroys her clothes, the trust could provide extra clothing. • Certain medical equipment that is not covered by Medicaid or other insurance. • Furniture and other personal needs not provided for by Medicaid and/or too expensive to be purchased out of the allowance. • Some types of educational or vocational training. • Vacations and recreation. The trust can provide things that are not covered by the funding source and will not make a person ineligible for services. This could include the cost of having a staff person accompany the person on vacation, even though the camp or other vacation is paid for through a government program. Other ConsiderationsYou may want to request provisions in your estate-planning documents that are not necessary in other people’s documents. There will be things that your adult child needs that may not be clear to the nominated representative and are not covered by funding outside a trust. A note to the nominated representative or a provision in the trust would warn of this need. If there are siblings, you will need to think through taking care of your adult child with special needs while still being fair to your other children or grandchildren. The more you think through the issues before visiting your attorney, the fewer “billable hours” you will run up. You will still want to discuss the issues with your attorney, but you’ll have a basic idea of what you want to accomplish beforehand. There may be someone in your circle of friends and family whom you specifically do not want to serve as guardian, conservator, or trustee. Maybe decisions he or she has made about the care of his or her own children or the way he or she has managed funds concerns you, and you wouldn’t be comfortable with this person’s abilities to make prudent decisions for your adult child. Tell your attorney and ask how to document that. Your attorney may want you to write a letter to that effect and have it notarized. Thus, your wishes will be known when you are not available to state them. In trying to ascertain what you want included in your estate-planning documents, also consider things that are important for your nominee to understand about care and support to your adult child. Perhaps the nominated guardian will not actually have your child living in his or her home but still needs to have a thorough understanding of care requirements to be able to advocate for her. Estate planning should be a top priority for everyone. Not just for the rich and famous. You are never too young or too old for estate planning. Remember death can come anytime. Never assume that your estate will be automatically used for the benefit of your special needs child once you are gone. The State of Utah has its own plan on what to do with your estate after you are gone. That’s why you need to speak to an experienced Tooele Utah probate lawyer and make a will or some other estate planning device. If you have an estate planning device, the State of Utah will not touch your estate and will allow your estate to devolve according to your estate planning devices. A will is an estate planning device that you can use to ensure that your properties pass on to your near and dear ones after your death. In your will you must name a person as an executor of your will. The executor of your will must file for probate. Probate is a legal process whereby the will is submitted to court and the court verifies the authenticity of the will and whether it is a legally valid will. Once the will is probated the properties will be transferred to the persons named in the will. Before you make your will, consult with an experienced Tooele Utah probate lawyer. Every will must pass through probate. Minor mistakes in the will can prove costly. Do not try to save money by using a fill in the blanks form. No two persons are alike. What may suit one person may not necessarily suit you. If you are the executor of a will, speak to an experienced Tooele Utah probate lawyer once the testator has passed away. As the executor it is your responsibility to file for probate. Probate is a complex process and is best left to the expert – an experienced Tooele Utah probate lawyer. The lawyer will file the probate application and ensure that the will passes through probate. In case some challenges the will during probate, the lawyer will deal with the challenge. Tooele Utah Probate Attorney Free ConsultationWhen you need legal help with probate in Tooele Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
General Counsel Services In Utah via Michael Anderson https://www.ascentlawfirm.com/tooele-utah-probate-lawyer/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
April 2023
Categories |