For many individuals, filing for bankruptcy relief can provide a way out of debt and a fresh financial start. But whether a bankruptcy filing is in your best interest will depend on many factors and your circumstances. Read on to learn more about what to consider if you are thinking about filing for Chapter 7 or Chapter 13 bankruptcy. Bankruptcy will impact your credit score for years to come. So it’s a good idea to evaluate all of your options before deciding to file for bankruptcy. Many creditors are willing to work with debtors to settle their debts. If you can resolve your financial issues outside of bankruptcy, you might not need to file for bankruptcy. Chapter 7 bankruptcy works well for people who can protect all of their property with exemptions, whose income is low enough to meet qualification requirements, and whose debt is the type that bankruptcy will discharge. By contrast, Chapter 13 bankruptcy works best for people: If you don’t make the required payments on your debts, your creditors can take you to court to recover their money. A creditor that obtains a judgment against you in court can use it to garnish your wages or place a lien on your assets. Some creditors, like the IRS or your student loan lender, can take action without stepping into the courtroom. When you file for bankruptcy, an automatic stay goes into effect that stops almost all collection actions, including lawsuits and garnishments. Filing for bankruptcy relief can also eliminate the underlying debt. One of the most important things to consider before filing for bankruptcy is whether you’ll be able to keep all of your property. Bankruptcy exemptions allow you to protect a certain amount of assets in any bankruptcy chapter that you file. What will happen to nonexempt assets will depend on whether you file a Chapter 7 or Chapter 13 bankruptcy. Exempt EquityPeople who file for bankruptcy don’t lose all of their possessions. A bankruptcy filer can protect or exempt a certain amount of assets regardless of the bankruptcy chapter filed. The dollar amount of an ownership interest that you can protect is called exempt equity. Calculating exempt equity is a two-step process. First, you’ll find out how much of an item’s value you can protect, or exempt. You’ll do so by consulting your state’s exemption statutes. Although some exemption statutes tell you the number of items that you can protect, such as one motor vehicle or all prescribed health aids, others allow you to keep property valued up to a particular amount. For instance, you might be able to retain $50,000 in a home or $10,000 in household items. The dollar amount tells you how much equity you can exempt. The next step is figuring out how much equity you have in your property (the funds remaining after selling the property and paying off any outstanding loans). Suppose, for instance, that you were considering selling your house. To figure out the amount of your equity for bankruptcy purposes, you’d subtract your mortgage from the market value (the price your house would sell for). The remaining amount would be your equity. Bankruptcy Do’s and Don’tsIf you are having difficulty paying your bills, bankruptcy may be a good solution for you. Carefully review the list below to avoid common mistakes, and get the maximum legal benefit, should you choose to file bankruptcy: What Happens After I File For Bankruptcy?After you complete the process for filing personal bankruptcy, there is an immediate “stay of proceedings.” This part of the process protects you from unsecured creditors trying to begin or continue any legal actions against you, such as wage garnishees, lawsuits, or any type of contact with you to collect a debt. Within five days, your trustee will send a copy of the bankruptcy paperwork to all creditors so they can begin the process of filing a claim. Your trustee will also file any outstanding tax returns up until the date of bankruptcy. Any outstanding balances or penalties will be included. After your personal bankruptcy paperwork is complete, you will have obligations such as providing monthly income statements and attending credit counseling sessions. When your bankruptcy is discharged, your debts will be canceled. It is important to understand that there may be minor exceptions to the debt cancellations. A note about your bankruptcy will remain on your credit report for a minimum of 6 years after the date of discharge. Once your debts are canceled, usually 9 months after filing, you can begin rebuilding your credit. When Should I File for Bankruptcy?Despite what many think, filing for bankruptcy is not the end of the world. It can actually be the fresh start you have been looking for. The laws of bankruptcy were drafted with the purpose of giving people a second chance, and not to punish them. But that doesn’t mean you should file for bankruptcy at the first sign of financial distress. Declaring bankruptcy will have short- and long-term consequences and should only be done as a last resort. Before You File, Evaluate Your SituationWhen should I file for bankruptcy? This is a question most people under financial distress ask. You should probably consider other options before going this route. These options include: Chapter 7 BankruptcyChapter 7 bankruptcy, otherwise known as “straight bankruptcy” or “liquidation,” allows the debtor to sell their non-exempt assets to pay off their debts; after that, the debtor will be free from all dischargeable debts. There are specific eligibility requirements that you must meet to qualify for Chapter 7 bankruptcy. Some of the scenarios where you wouldn’t be eligible for Chapter 7 include: Chapter 13 BankruptcyChapter 13 bankruptcy requires you to make a repayment plan to pay creditors over a period of three to five years. This method is usually used if your income exceeds the limits set for Chapter 7 bankruptcy. You also need to show you comply with the eligibility requirements before you can file Chapter 13. These include: Not All Debts Will Be DischargedYou should know that bankruptcy does not wipe out all your debts. Some debts that will not be discharged include: Declaring Bankruptcy Will Affect Your Credit ScoreIn exchange for discharging your debt, filing bankruptcy shows everyone that you may be a credit risk, which will be reflected in your credit score. Thus, getting a loan, a mortgage, or a credit card may be very difficult after declaring bankruptcy. You should note bankruptcy filed under Chapter 7 will remain on your record for 10 years. If you filed under Chapter 13, it would stay on your credit report for 7 years. After that, it is erased. Your Co-Signers May Be Required to Pay Your DebtsCo-signers are people who agree to pay your debt if you are somehow unable/unwilling to pay the debt. If you file a Chapter 7 bankruptcy, your creditors are allowed to go after the co-signer even if your bankruptcy case is successful. Under Chapter 13, your creditors can’t go after your co-signer as long as you make your regular payments per your agreement. Filing for Bankruptcy During a PandemicFiling for bankruptcy during a pandemic or other national emergency may be challenging, as operational hours for courts may change. So, first, make sure your local bankruptcy court is open and taking cases before you file. You should also expect a delay in the processing of your case. Utah Bankruptcy LawyerWhen you need legal help with bankruptcy in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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Utah Code Title 78A-6-502: Judiciary and Judicial AdministrationDefinitions: Parental Rights Parental rights are the set of legal rights granted to parents, which allow them to make important decisions on behalf of their child. Parental rights also refer to a parent’s right to take certain actions on behalf of their child. These rights reinforce the basic legal tenet that parents have the right to the care and companionship of their child. In general, parental rights include: Involuntary Termination of Parental RightsEach state has its own statute(s) providing for the termination of parental rights. The most common reasons for involuntary termination include: A parent can also lose their parental rights after being convicted of certain felonies. If a parent commits a crime of violence against their child or another family member, the court has the option to remove their rights and terminate the child-parent relationship. Also, if a parent is required to be imprisoned for a length of time that requires the child to enter foster care because there are no alternatives, the parent can lose parental rights. Foster Care AttorneyIf the termination of parental rights leaves a child with no legally responsible parents or guardians, the court will typically place the child in foster care. Before a state can take such a drastic action and place a child in foster care, it must file a petition under the federal Adoption and Safe Families Act (ASFA). However, state agencies aren’t required to petition in the following circumstances: • The parent was otherwise involved in the murder or voluntary manslaughter of another of his or her children, i.e. aided, abetted, attempted, conspired, or solicited the act. Many states have adopted statutes that provide for more protections of children in the above circumstances, shortening the wait times required before parental rights can be terminated and the child is placed in foster care. However, more than half of the states also have exceptions to these guidelines, such as when the child is provided for by a relative or the state believes complete termination of parental rights isn’t in the child’s best interests. Most states consider a child’s best interests in termination proceedings. In some states, statutes use general language mandating that the child’s health and safety be paramount in all proceedings, while other states’ legislation lists specific factors that must be considered, such as the child’s age; the physical, mental, emotional and moral well-being; cultural and attachment issues; and the child’s reasonable preferences. Reinstatement of Parental RightsMost states don’t allow reinstatement of parental rights once they’ve been terminated. However, under some circumstances, such as when the child has not yet been permanently placed in a foster home, the parent may have the option to file a petition and show they’ve become fit to provide a safe and nurturing home. Typically, parents voluntarily terminate their rights when they wish to give the child up for adoption. The main reason why parental rights may be terminated is for the child’s safety and wellbeing. The courts place high importance on the relationship between parents and their children. Therefore, should they decide to terminate parental rights, it would be for a very serious reason. Terminating parental rights is generally used to remove the child from an unhealthy or destructive environment, or as part of the adoption process. The court will always first consider the child’s best interests, which includes any time there is danger to a child’s physical, mental, moral, or emotional health. The most common reasons why a court would terminate parental rights include: Cases in which a parent requests to terminate their parental rights are especially difficult. This is because courts tend to want children to have both parents in their lives, for emotional or financial support. However, if the parent believes they are endangering the child, it might be best that they relinquish their parental rights. Importantly, giving up parental rights simply to avoid dealing with a child’s behavioral issues or to avoid paying child support, will most likely be frowned upon by the court. Parental rights may not be terminated for the following reasons: However, fathers may have trouble asserting their parental rights, as it may be more difficult for them to establish that they are the legal parent of the child. Fathers must first prove that they are the child’s biological father. Then, once fatherhood has been established, the state cannot remove parental rights from the father, aside from any of the circumstances mentioned above. • Another unique circumstance is if the parents are not married. It is not necessarily easier to terminate parental rights if the parents are not married, as the biological parents have the same rights as married parents if they are one family unit with their child. However, if the mother is married to a man who is not the child’s biological father, the mother’s husband is legally presumed to be the father of the child. • If a person becomes a parent through adoption or marriage, they have the same parental rights and responsibilities as a biological parent. As such, non-biological parental rights may only be terminated due to one of the reasons discussed above. Regardless of how a person came to be the child’s parent, they have the same rights to the child as long as they are the child’s legal parent. Making a Parenting AgreementA Parenting Agreement (sometimes referred to as a Parenting Plan) is a written statement that both parents sign up to as a way of establishing the ground rules around the way that they will parent apart. It can cover anything you both feel is important, most parents include things such parenting time arrangements, their children’s education and rules around new partners. Parenting Agreements work best when they are not too prescriptive, are flexible and are regularly updated to take account of children’s changing needs over time. You can wait to start writing a parenting agreement until you’ve nailed down details with the other parent, or you can create drafts earlier in the process. Ideally, parents should work together closely, rather than have one simply sign off at the end. You can have an attorney write your custody agreement or if you want to save money, you can write it yourself. Your parenting agreement should contain any information that you and the other parent need to raise your child after you separate. The general parts of a parenting agreement are: Decision-making responsibilityYour agreement needs to explain how you and the other parent will make decisions for your child about medical care, dental care, education, religion, extracurricular activities, etc. Finances and expensesIn most states, you need to file child support papers along with your parenting agreement. You may want to include child support information in your agreement so you have everything together. Since support is often dependent on parenting time, you can use the parenting timeshare calculator to help you get the right information for your state’s child support formula. You should also come up with a plan for how you and the other parent will handle additional expenses for the child and put the information in your agreement. This includes expenses for school activities and other things that child support may not cover. Parenting rules and provisionsYou can put addition parenting rules and provisions in your agreement to make the custody situation work better. Lawyer For Termination of Parental RightsWhen you need a lawyer for a case regarding the termination of parental rights 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
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What Estate Planning Documents Should I Get? What Happens To Property In Divorce? Business Agreements And Partnership Agreements Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-502/ As a traveling attorney, your job is to travel nationwide or internationally to represent your client in a specific court of law. In this role, you prepare for each case, interview people relevant to the case, and present information during a trial. Traveling attorneys often work with people or companies who have complex legal needs and find themselves involved in cases within multiple jurisdictions. Traveling attorneys should not be confused with many other types of travel lawyer jobs, which usually focus on temporary assignments to fill staffing shortages; instead, traveling attorneys typically work for the same firm or client but travel extensively as part of the job. The primary qualifications for getting a job as a traveling attorney are a license to practice law in each jurisdiction your client needs help in and some experience as an attorney. Most firms and clients want to see a record of success in at least one jurisdiction before you start taking cases in other areas. Travel schedules vary widely; you may stay with your client on their trips that need legal counsel, or you may need to attend scheduled court dates around the country, so the ability to adjust your schedule whenever necessary is essential to this job. You also need a valid driver’s license and reliable transportation. Some positions may require international travel, so you may also need a valid passport. Whether you are a frequent flier or the occasional traveler, you likely have had a few travel agent questions regarding the best way to plan a trip. To help you weigh out the benefits of using a travel agent or planning a trip on your own, below are a few frequently asked travel agent questions. What services does a travel agent offer?Travel agents provide information and help consumers make travel arrangements. A travel agent, for instance, coordinates a traveler’s airline flight, hotel reservation, car rental, or tour. Travel agents offer advice and answer common travel agent questions such as inquiries weather conditions, exhibits to visit, currency exchange rates, required travel documentation, and local customs. Because travel agents receive compensation from travel suppliers, there is a certain degree of loyalty to suppliers rather than consumers. However, several state courts have ruled that because of the special relationship between travel agents and consumers, travel agents are fiduciaries subject to a high standard of care. A travel agent, consequently, has special duties and obligations to clients. • Duty to confirm reservations. When a travel agent books travel arrangements through a wholesaler or a tour operator, the agent must confirm the reservation and notify the client of any changes to the itinerary. The travel agent must confirm the reservation by directly contacting the supplier. Whether the client is responsible for paying the difference depends on the circumstance. If, for instance, the travel arrangements were booked based on the price quoted by the travel agent, it is likely that the agent will be responsible for incurring the cost if the client relied on the agent’s quote. On the other hand, if the agent quoted the correct price but inadvertently charged less, the client is responsible for paying the additional amount owed. Travel agents receive compensation from commissions earned from travel suppliers and for some services provided to clients. For example, a travel agent may charge a client for booking an airline flight or making hotel or car rental reservations. Most states do not require travel agents to obtain a license. In some states, travel agents must register with the appropriate state agency. Professional associations for travel agents do not regulate the conduct of agents. Although professional associations do have established guiding principles for members, these rules provide consumers with very little recourse if an agent violates a code of ethics. Nevertheless, a consumer with a complaint or questions about an agent may contact the association the travel agent belongs to and make a complaint. Some associations do provide mediation services to resolve disputes. Characteristics of a Successful Travel Agent1. Knowledge: When travelers choose to use a travel agent instead of booking a trip themselves, they are looking for expertise. Turn yourself into an information sponge and soak up everything there is to know about airlines, airports, destinations, dining, and accommodations. Read travel articles and publications to stay current. Don’t be afraid to ask your suppliers questions about the products you are buying. Advantages of online travel agentsUltimately, OTAs give you instant access to a large number of potential customers. Possible advantages of using an online travel agent to sell your service include: • Online travel sites are popular with customers who like to compare accommodation costs and the services offered by individual providers. The I-131 Application for Travel Document is a form that a foreign national submits to U.S. Citizenship and Immigration Services (USCIS) in order to apply for one of various types of travel document. The costs associated with filing an I-131 application depend on what kind of travel document you are applying for and whether or not you decide to use the help of an immigration attorney. The different travel documents you can apply for using the I-131 application are: Filing FeesThe filing fee for the I-131 application depends on the travel document you are applying for. The fees are as follows; Attorney FeesWhen you first meet with an attorney, you will almost always have to pay a consultation fee. A consultation fee can range anywhere from $75 to several hundred dollars depending on where the attorney is located and the size of the firm he or she works for. At this stage of the process, you should ask the attorney whether the consultation fee will be deducted from the final bill if you decide to retain his or her services. Hourly FeesA flat fee is normally a good deal, particularly if you have a complicated case that requires a lot of documentation. Some attorneys might charge you at an hourly rate. This could be a better option for you if you have a straightforward case or have already completed the I-131 application on your own and simply want the attorney to review it. The downside to being charged hourly is that your fee will be less predictable and, depending on your case, you could end up spending more than you would have if you had paid a flat fee. For example, if you prepared your own application and it contains lots of mistakes, it is possible the attorney might spend more time fixing your work than if he or she had started the petition from scratch. It is always a good idea to contact several attorneys to ask about their fees before scheduling your consultation. No matter what, make sure you select an attorney you feel comfortable with. Travel Attorney Free ConsultationWhen you need legal help from a Travel Attorney 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
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What Estate Planning Documents Should I Get? Which Bankruptcy Is The Worst? Business Agreements And Partnership Agreements Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/travel-lawyer/ A business partnership agreement is a legally binding document that outlines details about business operations, ownership stake, financials and decision-making. Business partnership agreements, when coupled with other legal entity documents, could limit liability for each partner. Business partnership agreements should always be written and/or reviewed by legal counsel prior to any signatures. A business partnership agreement establishes clear rules for the operation of a business and the roles of each partner. Business partnership agreements are put in place to resolve any disputes that arise, as well as to delineate responsibilities and how profits or losses are allocated. Any business partnership in which two or more people own a stake of the company should create a business partnership agreement, as these legal documents could provide key guidance in more difficult times. A business partnership agreement is a legal document between two or more business partners that spells out the business structure, responsibilities of each partner, capital contribution, partnership property, ownership interest, decision-making conventions, the process for one business partner to sell or leave the company, and how the remaining partner or partners split profits and losses. While business partnerships seldom begin with concerns about a future partnership dispute or how to dissolve the business, these agreements can guide the process in the future, when emotions might otherwise take over. A written, legally binding agreement serves as an enforceable document, rather than just an oral agreement between partners. A business partnership agreement is a necessity because it establishes a set of agreed-upon rules and processes that the owners sign and acknowledge before problems arise. If any challenges or controversies do arise, the business partnership agreement spells out how to address those issues. A business partnership is just like a marriage: No one goes into it thinking that it’s going to fail. But if it does fail, it can be nasty. With the right agreements in place, which I’d always recommend be written by a qualified attorney, it makes any potential problems of the business partnership much more easily solved and/or legally enforceable.” In other words, a business partnership agreement protects all partners in the event things go sour. By agreeing to a clear set of rules and principles at the outset of a partnership, the partners are on a level playing field developed by consensus and backed by law. Business partnership agreements are necessarily broad, touching virtually every aspect of a business partnership from start to finish. It is important to include all foreseeable issues that could arise regarding the co-management of the business. These are some of those issues: • Ownership stake: A business partnership agreement clearly spells out who owns what percentage of the business, making each partner’s stake in the company clear. • Liability: If the business partnership is set up as an LLC, the agreement should limit the liability each partner faces. To do so effectively, a partnership agreement should be paired with other documents, such as articles of incorporation. A business partnership agreement alone is likely not enough to fully protect the partners from liability. Steps To Implement A Business Partnership AgreementA business partnership agreement does not have to be set in stone, especially as a business grows and develops over time. There will come opportunities to implement new elements of a partnership agreement, especially if unforeseen circumstances occur. • Allocations – profits and losses: Partnerships are formed with the expectation of making a profit. The partnership agreement should speak to the when and how profits are allocated to each eligible partner. In addition, it should speak to how losses will be distributed during the business’ operation and in the event of dissolution. Why Your Business Partnership Needs a Written Agreement• To set up the roles and responsibilities of each partner and to describe how decisions are made. Who is the managing partner? What are the responsibilities of individually named partners? How do roles and responsibilities change? Why You Need an Attorney to Help Prepare a Business Partnership AgreementThe only disadvantage to having a partnership agreement is that you might have language that is unclear or incomplete. A DIY partnership agreement risks not getting the wording right, and a poorly worded contract is worse than none at all. Getting an attorney to help you with the process of preparing your partnership agreement seems like it’s an expensive waste of time. It’s not. Remember, if it isn’t in writing, it doesn’t exist, so putting every possible situation or contingency into a partnership agreement can prevent expensive and time-wasting lawsuits and hard feelings between the partners. • To deal with partner issues, like a conflict of interest and non-compete agreements. Free Initial Consultation with LawyerIt’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
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What Should You Not Do During Divorce? What Estate Planning Documents Should I Get? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/business-agreements-and-partnership-agreements/ A good estate plan consists of many different components, including what happens to your assets and who should act on your behalf if you are unable to. At a bare minimum, there should be two main components: a last will and testament and a durable power of attorney. In addition to these parts, you can add things such as a trust and even medical directions. Last will and testamentA will gives you the power to decide what is in the best interests of your children and pets after you’re gone. It also can help you determine what will happen to possessions with financial or sentimental value. It typically names an executor someone who will be in charge of following your directions. Finally, you can include any funeral provisions. Use your will to name guardians for those under your care, including minor children and pets. Designate any assets you are leaving for their care. In the absence of a last will and testament, a probate court will name an executor typically a spouse or grown child for your estate. Probate proceedings are a matter of public record. So keep private information passwords, for example — out of your will, as that information could become part of a public document. Revocable living trustA living trust is another tool for passing assets to heirs while avoiding potentially expensive and time-consuming probate court proceedings. You name a trustee perhaps a spouse, family member or attorney to manage your property. Unlike a will, a trust can be used to distribute property now or after your death. If you have substantial property or wealth, a trust can provide tax savings. Beneficiary DesignationsWhen you purchase life insurance or open a retirement plan or bank account, you’re often asked to name a beneficiary, which is the person you want to inherit the proceeds when you die. These designations are powerful, and they take precedence over instructions in a will. Keep beneficiary designation papers with your estate planning documents. Review and update them as your life changes. Durable Power Of AttorneyA durable power of attorney allows you to choose someone to act on your behalf, financially and legally, in the event that you can’t make decisions. Don’t put off this chore. You must be legally competent to assign this role to someone. Older people worried about relinquishing control sometimes put off the task until they are no longer legally competent to do it. Health Care Power Of Attorney And Living WillTo ensure that someone can make medical decisions for you in the event you become incapacitated, establish a health care power of attorney also called a durable health care power of attorney. This is different from the previously mentioned durable power of attorney for financial and legal affairs. A living will lets you explain in advance of your death what types of care you do and do not want, in case you can’t communicate that in the future. It’s strictly a place to spell out your health care preferences and has no relation to a conventional will or living trust, which deals with property. You can use your living will to say as much or as little as you wish about the kind of health care you want to receive. Digital Asset TrustYou can use a digital asset trust to decide what to do with your electronic property, including your computer hard drive, digital photos, information stored in the cloud and online accounts such as Facebook, Yahoo, Google and Twitter. Create a separate list of your passwords. Letter Of IntentFor instructions, requests and important personal or financial information that don’t belong in your will, write a letter. Use it to convey your wishes for things you hope will be done. For example, you may have detailed instructions about how you want your funeral or memorial service to be performed. No attorney is needed. The letter won’t carry the legal weight of a will. List Of Important DocumentsMake certain your family knows where to find everything you’ve prepared. Make a list of documents, including where each is stored. Include papers for: Make a willIn a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent. Consider a trustIf you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process. Make health care directivesWriting out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.) Make a financial power of attorneyWith a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney). Protect your children’s property.You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will. File beneficiary formsNaming a beneficiary for bank accounts and retirement plans makes the account automatically payable on death to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death. Consider life insuranceIf you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea. Understand estate taxesMost estates more than 99.7% won’t owe federal estate taxes. Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax. Cover funeral expenses.Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses. Make final arrangements.Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation. Protect your business.If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement. Store your documents.Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents: If you die without a will, the state law (e.g. probate court) dictates how your property is distributed. The court will also decide who will be your executor and who will be named the guardian for your children. Without a will, depending on how complex your estate is, the probate process could take a long time, often years. Which just creates an additional challenge for your family when they’re grieving? A will makes this process go faster. The bills can add up quickly court costs, probate expenses, fees for attorney, accounting, and appraisal. These can take a chunk of your estate. Having a will in place, especially combined with a trust, often significantly reduces probate expenses. Figuring out where to put your estate planning documents is critical. Why? Because you want it to be easy for someone to find them after you die. Wherever you put them, a trusted relative or friend should be made aware of their location. Importance Of Original Estate Planning DocumentsA decedent’s original will is required to commence probate. Without the original it may be difficult to impossible to probate the decedent’s estate according to the terms of the missing will. When the terms of a missing will can be established, such as through a copy or a duplicate original, then one may try to probate the will that was lost in a fire. However, there is a presumption that if the original was last in the possession of a deceased testator who was competent until the time of death that the missing was revoked by the testator. Preserving an original will is, therefore, very important. Keeping the original in a bank safe deposit box is a good approach, provided someone has a key to the box or is named as a co-owner or co-signatory. With a key to the decedent’s bank deposit box and the decedent’s death certificate, the key holder, upon identification, can access the safe deposit and take possession of any original will. When the original will is retrieved, a copy of the will must be left in the safe deposit box (along with the rest of the contents), the original will must be lodged with the superior court in the county where the decedent resided at death. A copy must be mailed to the person named in the will as executor. Unlike a will, a decedent’s original trust document (with amendments) is neither required to be recorded with any county nor required to be submitted to the court where the decedent resided at death. Nonetheless, it is still best to safeguard the original trust. Normally, a trust and will are kept together. The same applies to any original Trustee Affidavits and Trustee Resignations documents. The original Power of Attorney to manage property, financial, and legal affairs must be maintained. The original is required to be presented at the proper county recorder’s office if the Agent seeks to transfer real property using the Power of Attorney. Other recipients may accept a certified copy of the original, but that process still requires presenting the original document to a notary public or a licensed attorney for copying and certification. Except for the county recorder’s office, the necessity to always present the original power of attorney can be greatly reduced by the power of attorney providing that an unverified photocopy is as good as the original. If the Power of Attorney provides that it is immediately effective when signed, the original document should be kept safe against abuse until such time as its proper use is needed. Some people keep the original Power of Attorney with a trusted person other than the agent with instructions that Custodian to provide the Agent with the Power of Attorney in the event of their incapacity. Estate Planning LawyerWhen you need a Utah Estate Planning 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
The post What Estate Planning Documents Should I Get? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
What Should You Not Do During Divorce? How Does Utah Child Support Find People? What To Do After A Motorcycle Accident? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-estate-planning-documents-should-i-get/ Utah Code Title 78A-6-501: Judiciary and Judicial Administration.This part is known as the “Termination of Parental Rights Act.”Each state have laws stating specific grounds for the termination of parental rights, a process that ends the parent-child relationship from a legal standpoint. A termination of parental rights petition is brought to permanently end the legal rights of the natural parents of a child, thereby “freeing” the child for adoption. While states differ slightly on the exact grounds for termination, most statutes hinge on the consideration of a child’s best interests. For example, parents who are unable to provide a safe home, or who have been convicted of serious acts of child abuse, may have their parental rights terminated. Courts make a variety of decisions that affect children, including placement and custody determinations, safety and permanency planning, and proceedings for termination of parental rights. Whenever a court makes such a determination, it must weigh whether its decision will be in the “best interests” of the child. Most states consider a child’s best interests in termination proceedings. In some states, statutes use general language mandating that the child’s health and safety be paramount in all proceedings, while other states’ legislation lists specific factors that must be considered, such as the child’s age; the physical, mental, emotional and moral well-being; cultural and attachment issues; and the child’s reasonable preferences. Voluntary Termination of Parental RightsTypically, parents voluntarily terminate their rights when they wish to give the child up for adoption. Termination of parental rights may be voluntary or involuntary. When it comes to voluntary termination of parental rights, the process is quite difficult because children are generally seen to have a right to a parental relationship and, particularly, a right to receive financial support and care from both parents. Two common situations that often lead to requests to terminate parental rights include a parent who wishes to terminate his/her child support or financial obligation for the child; or a parent who desires to have the other parent completely out of their life. Reinstatement of Parental RightsWhen a court orders the termination of parental rights, the legal relationship between a parent and child ceases to exist. It is very rare and only occurs in especially serious cases, such as those involving child abuse or severe child neglect. And even though a parent may petition the court to voluntarily give up his or her parental rights, the main consideration is always the child’s best interests. Laws allowing reinstatement were drafted generally in response to older children who were aging out of foster care and wanted to re-establish family ties. Usually, reinstatement is available only on the condition that the child has not been permanently placed with a foster home within a given period of time. How a Family Law Attorney Can Help YouConsider meeting with a family law attorney in your area if you have additional questions about reinstatement of parental rights or would like to initiate the process. Remember, a person whose parental rights have been terminated also loses custody or visitation rights with the child. If the voluntary termination occurred through a state child welfare agency, some states do provide for limited post-termination access to the child by the former parent. The family code of each state governs the rules and procedures for termination and post-termination access, if any. To understand how the laws of your state apply to your situation, contact a qualified family law attorney in your area. The Process of TerminationThe termination of parental rights is usually a long and emotional process. If a parent is accused of abuse or neglect, in most states, the first step is for local child protective services to investigate the situation. In severe cases, the District Attorney may decide to bring charges. If there is evidence of abuse or neglect, the local division of youth and family services (or the equivalent) will open a case. If at all possible, the ultimate goal will be reunification with the biological family. However, in some cases, the abuse is so cruel or severe that this is unlikely. Depending on the circumstances, the child may be removed from the home during this process. During this time period, the local family services agency will usually try to work with the parents to help them be able to provide a safe home in the future. Interventions may include drug and alcohol counseling, mental health treatment, and parenting classes. Parents may or may not have visitation during this period, and they may or may not be supervised during the visitation. At some point, the judge will need to decide whether the child can be returned to their parents’ home or whether termination proceedings will begin. The Adoption and Safe Families Act (ASFA) usually requires the state agency to file a petition for termination if the child has been in foster care for 15 out of the last 22 months. Some states allow exceptions to this rule when the child is in the care of a relative, the state agency has not provided the necessary services to the parent, or there is another compelling reason. The burden is on the court to show that the parent is unfit. Since the right to parent one’s own child is considered very important, some states offer attorneys to indigent parents free of charge for these proceedings. If your parental rights are being threatened, a skilled family law attorney may be able to help you preserve your rights. Reinstating Terminated RightsSome states allow terminated rights to be reinstated in certain circumstances. For example, in some states, parents whose rights have been terminated can petition for reinstatement of their rights if the child is not permanently placed by a specific time. However, the parent must prove to the judge that they are fit in order for reinstatement to take place. Depending on where you live, you may be able to have your parental rights reinstated after they have been terminated by a court. While all states have provisions in the law for the termination of parental rights, most states do not allow for the reinstatement of these rights. But even in states that allow reinstatement, parents must be able to show an extraordinary improvement in their ability to properly care for a child before a court will grant such a request. When a court orders the termination of parental rights, the legal relationship between a parent and child ceases to exist. It is very rare and only occurs in especially serious cases, such as those involving child abuse or severe child neglect. And even though a parent may petition the court to voluntarily give up his or her parental rights, the main consideration is always the child’s best interests. Laws allowing reinstatement were drafted generally in response to older children who were aging out of foster care and wanted to re-establish family ties. Since this process is handled in state courts, the laws and procedures vary from one state to the next. At least nine states have laws allowing for reinstatement following termination of parental rights, including California, Illinois, North Carolina, and New York). Usually, reinstatement is available only on the condition that the child has not been permanently placed with a foster home within a given period of time. In states where this is available, a parent must file a petition with the court that originally terminated his or her parental rights. The court will determine whether the parent is fit to provide a safe and nurturing home for the child. Differences in State LawsMost states that allow for the reinstatement of parental rights require “clear and convincing” evidence that the parent is fit to care for their child. Nevada law has a much lower standard of proof (“preponderance of the evidence”), while North Carolina law even allows hearsay evidence in court proceedings if it is considered “relevant, reliable and necessary” to determine a child’s best interests. The qualifications for petitioning the court for reinstatement also vary from state to state. For instance, Alaska law restricts this remedy to only those who voluntarily relinquished their parental rights; Louisiana law allows children in foster care over the age of 15 to petition for reinstatement of their parents’ rights; and Washington law doesn’t specify who may or may not petition the court. Voluntary TerminationTypically, when people talk about the termination of parental rights, they are talking about involuntary termination by the court. However, in many circumstances, parents can also voluntarily terminate their parental rights. For example, some states will give parents incentives for voluntarily relinquishing their parental rights by allowing ongoing visitation with the child even after their rights are terminated. Voluntary termination may be in the best interests of all parties when there is a suitable permanent placement available for the child, and parents are unlikely to make the progress necessary for reunification. Grounds for Terminating Parental RightsThe phrase “termination of parental rights” can be the most frightening words a parent can hear. Fears of losing a child to the system can push a parent to work on improving their situation for the child’s benefit. However, to some, termination brings relief, as the parent knows that they can’t provide for the child but may have been unable to reach out for help. Some parents voluntarily terminate their parental interest as they feel it’s best for the child. The parental rights termination procedure is perhaps one of the strongest legal mechanisms available to protect children in need. In many cases, a termination proceeding is a necessary precursor to the adoption of the child. In some states and cases, it’s possible to reinstate parental rights after termination or consenting to adoption. The exact grounds for terminating parental rights vary from state to state. The following list summarizes the major grounds for terminating a parent’s rights to his or her child. Child Abuse Factors• Severe or chronic physical abuse of the child. • Failure of the parent to comply with a court ordered plan. Termination of Parental Rights LawyerWhen you need legal help with termination of parental rights 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
The post Utah Code 78A-6-501 first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
International Corporate Attorney Bankruptcy Attorney South Salt Lake What Should You Not Do During Divorce? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-501/ If you watch too much television, you might believe that lawyers negotiate deals one day and head to the courtroom for high-profile litigation the next. This is highly unusual in the real practice of law. While both litigators and corporate lawyers deal with corporations, they do so in very different ways. One of the basic divisions in the practice of law is between litigation and corporate, or transactional, law, and almost every attorney will decide between these two areas either while they are in law school or very early in their career. Most people understand what litigators do (although they may overestimate how much time they spend in an actual courtroom), but corporate law is less understood. Many aspiring lawyers would prefer helping to create a business venture to suing one. Attorneys who facilitate transactions in the fields of corporate or tax law, intellectual property or employee benefits are considered transactional lawyers. In the world of business, transactional lawyers try to set up deals in ways that avoid litigation, and make clear the rights and responsibilities of all parties in the event that something does go wrong. The difference between corporate law and commercial litigation is simple. Corporate lawyers craft transactions or deals, and litigators step in when those transactions go wrong. Litigators resolve disputes through the judicial system or through alternative methods, such as mediation or arbitration. Basically, they advise businesses on their legal obligations, rights and responsibilities. Attorneys who call themselves corporate lawyers are usually corporate generalists, lawyers who advise businesses on their legal obligations, rights and responsibilities, provide advice on business structures and evaluate ventures. In order to serve the sophisticated needs of their clients, corporate lawyers also coordinate with fellow transactional lawyers in such specialties as tax, ERISA and real estate.
Mergers And Acquisitions LawOne major corporate practice area is mergers and acquisitions (M&A). Through acquiring (buying) or merging with another company, a business might add property, production facilities or a brand name. A merger or acquisition might also work to neutralize a competitor in the same field. M&A attorneys provide legal counsel about proposed transactions. Typically, to evaluate a proposed venture, a team of corporate lawyers reviews all of the company’s key assets and liabilities, such as financial statements, employment agreements, real estate holdings, intellectual property holdings and any current, pending or likely litigation. This is called due diligence. The lawyer(s) can then assess the situation and raise specific issues with the client. Mergers and acquisitions lawyers consult with their clients on these questions, and together attorney and client determine which parties should accept current or potential liabilities. The lawyers then draft the merger or acquisition agreement and negotiate in detail the terms of each party’s rights, responsibilities and liabilities. Venture Capital LawIn a venture capital practice, a lawyer works on private and public financings and day-to-day counseling. This means that he or she helps new businesses find money for their ventures, organizes their operations, and maintains their legal and business structures after formation. In venture capital, as in any corporate law position dealing with emerging companies, lawyers help build and expand businesses. Their responsibilities can include general corporate work, like drafting articles of incorporation and other documents, as well as technology licensing, financing, and mergers and acquisitions. Some lawyers find this type of work less confrontational because the client is working with other parties toward a common goal. Sometimes, in mergers and acquisitions, the parties see the process as a zero-sum game in which each must get the best deal no matter how it may affect future relations with the other company. This is especially the case in hostile takeovers. Lawyer For Project FinanceThe development and construction of power plants, oil refineries, industrial plants, pipelines, mines, telecommunications networks and facilities, and transportation systems involve the cooperation of many different entities, many different lawyers and extremely large sums of money. Project finance attorneys specialize in these deals. They form a project entity, a corporation, partnership or other legal entity that will exist for the term of the project, and they draft power purchase agreements and construction contracts, and negotiate financial terms with lenders and investors. Corporate Securities AttorneySome corporate lawyers specialize in securities law. On a federal level, the Securities Act of 1933 requires companies that sell securities to the public to register with the federal government. Corporations must follow certain protocols regarding the disclosure of information to shareholders and investors depending on the size of the corporation and the type of investor. If shares of a company’s stock are traded on a public stock exchange, the company has to file detailed reports with the Securities and Exchange Commission and distribute parts of those reports (the prospectus) to shareholders. The Securities Act of 1934 addresses the obligations of companies traded on a national stock exchange. To ensure the companies remain in accordance with these laws, corporate attorneys prepare reports for initial public offerings, yearly and quarterly disclosures, and special disclosures whenever something happens that might affect the price of the stock, like impending litigation, government investigation or disappointing financial results. Even if you don’t specialize in corporate securities law, the issuance of stock and the creation and distribution of the reports are subject to a whole host of rules with which corporate lawyers must be familiar. International LawInternational law is a system of treaties and agreements between nations that governs how nations interact with other nations, citizens of other nations, and businesses of other nations. International law typically falls into two different categories. “Private international law” deals with controversies between private entities, such as people or corporations, which have a significant relationship to more than one nation. “Public international law” concerns the relationships between nations. These include standards of international behavior, the laws of the sea, economic law, diplomatic law, environmental law, human rights law, and humanitarian law. Some principles of public international law are written, or “codified” in a series of treaties, but others are not written down anywhere. These are known as “customary” laws, and nations consent to them by doing nothing. Since most international law is governed by treaties, it’s usually up to the individual nations to enforce the law. However, there are a few international organizations that enforce certain treaties. International Business Legal Terms to Know• Ambassador: A government official who facilitates communication between two nations. What Is The Role Of The Corporate Lawyer?The role of a corporate lawyer is to advise clients of their rights, responsibilities, and duties under the law. When a corporate lawyer is hired by a corporation, the lawyer represents the corporate entity, not its shareholders or employees. This may be a confusing concept to grasp until you learn that a corporation is actually treated a lot like a person under the law. A corporation is a legal entity that is created under state law, usually for the purpose of conducting business. A corporation is treated as a unique entity or “person” under the law, separate from its owners or shareholders. Corporate law includes all of the legal issues that surround a corporation, which are many because corporations are subject to complex state and federal regulations. Most states require corporations to hold regular meetings, such as annual shareholder meetings, along with other requirements. Corporate lawyers make sure corporations are in compliance with these rules, while taking on other types of work. What Skills Do Corporate Lawyers Need?Corporate lawyers should have excellent writing, communication, and negotiating skills because these skills are relied upon so heavily in day-to-day corporate law work. Because corporate law is a diverse practice area that touches on many different transnational, regulatory, and business-related matters, it’s important for a corporate lawyer to have the desire to learn about many different areas of law, unless they want to specialize in one niche area such as securities law. Additionally, many corporate lawyers have multiple clients in different industries, which mean they must be willing to learn the ins and outs of those unique industries. Finally, corporate lawyers need the skills and wherewithal to reach out to other lawyers when they reach a specialized topic that they don’t have experience with such as tax, ERISA, employment, or real estate. Free Consultation With International Business LawyerWhen you need legal help from an international business 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
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4.9 stars – based on 67 reviews
Common Trust Beneficiary Mistakes Best Adoption Attorneys In Utah Divorce Attorneys In Salt Lake City Estate Planning Attorneys Utah Law Firm Focusing On Church Law Marijuana Conviction Expungement Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/international-corporate-attorney/ A marijuana possession charge in Utah can be filed as a misdemeanor or as a felony charge, depending on a variety of circumstances. Any Utah marijuana possession charge carries the possibility of jail time and substantial fines. If you are facing prosecution for marijuana or other drug-related charges, an experienced drug crimes and criminal defense attorney can make all the difference. Second-Degree Felony Marijuana ChargesAt the second-degree felony level, a marijuana conviction in Utah carries the possibility of up to 15 years in prison and a $19,000 fine (including surcharge). Marijuana possession can be filed as a second degree felony under the following circumstances: possession with the intent to distribute within a drug-free zone; actual distribution of marijuana within a drug-free zone; or possession of more than 100 pounds of marijuana (regardless of intent). Third-Degree Felony Marijuana PossessionA third-degree felony marijuana charge in Utah is punishable by up to five years in prison and a fine (including surcharge) of up to $9,500. Marijuana possession is classified as a third-degree felony under the following circumstances: possession of more than 16 ounces but less than 100 pounds of marijuana; possession of marijuana with the intent to distribute (with no drug-free zone enhancement); or growing or cultivating marijuana (regardless of the amount). Class A Misdemeanor Marijuana ChargesA class A misdemeanor marijuana charge is punishable by up to one year in jail and fines up to $4,750 (including surcharge). Marijuana possession can be filed at the class A misdemeanor level if: the amount of marijuana possessed is at least one ounce but less than 16 ounces; or possession of less than one ounce of marijuana in a drug-free zone. Class B Misdemeanor Marijuana PossessionClass B misdemeanor charges in Utah are punishable by up to 180 days in jail and up to $1,900 in fines (including surcharge). A basic charge of marijuana (less than one ounce) begins as a class B misdemeanor. Defenses to Marijuana Charges in UtahAn effective defense to marijuana possession or distribution charges in Utah can involve important Constitutional rights under the Fourth Amendment or Fifth Amendment. Motions may be needed seeking the suppression of evidence. Factual defenses may include constructive possession defense issues. The knowledge and intent of the defendant can serve as potential sources of a factual defense to criminal marijuana charges. A thorough understanding of procedural rules, relevant statutory provisions, and related case law can be critical to mounting a successful defense. An understanding of how substance abuse treatment and mitigation can influence the outcome of the case and lead to a successful negotiated resolution may also be critical. Possession of marijuana is a criminal offense in Utah. The amount of marijuana you have in your possession will determine the crime and penalties that you will receive for a possession offense. Marijuana possession can earn you serious penalties if you are caught with a large amount of marijuana. If you or a family member was arrested for marijuana possession, you should consult with an experienced Utah drug possession lawyer. Utah Marijuana Possession LawsThe requirements to charge an individual with marijuana possession and other drug crimes are listed under Utah’s Controlled Substances Act. A combination of state and federal laws makes it illegal to not only possess a certain amount of marijuana but also to possess any drug paraphernalia needed to use marijuana. Marijuana possession, sometimes referred to as simple possession, is an offense that arises out of possession of marijuana for personal use. This contrast with an offense for possession with intent to distribute (PWID), a crime that focuses on the offender manufacturing and distributing drugs. The possession of marijuana is also referred to by terms like “actual possession” and “constructive possession,” depending on how law enforcement located the drugs. If an offender actually possessed marijuana when they were arrested, it means that they had it on their person or in an item that they were carrying. If an offender constructively possessed marijuana, it implies that they had knowledge of and control over the drugs found by law enforcement. For example, if you hid drugs in the trunk of your car or in a safe in your home, you will likely be charged with possession if law enforcement finds it, even if you did not have the drugs on your person. Penalties for First Offense Marijuana PossessionTo reiterate, the penalties for marijuana possession are directly correlated to the amount of marijuana that you are discovered with. If the weight of the drugs in your possession is over a certain limit, you risk being charged with a felony instead of a misdemeanor, even if this was the first time you were arrested for possession. If you are found with less than 100 pounds of marijuana, you will likely receive a class B misdemeanor charge. The penalties for a class B misdemeanor are a maximum of six months in jail and up to $1,000 in criminal fines. If you receive a class B misdemeanor conviction for marijuana possession, you may be given the option to perform compensatory service instead of paying a fine. The hours you will have to work typically depend on the amount of your criminal fine. If you were granted the option of compensatory service, you could volunteer with: Types Of Marijuana OffensesMarijuana is considered a Schedule I controlled substance in Utah. The amount of marijuana and crime associated with it will determine the severity of the marijuana charge and its resulting penalties. Under Utah marijuana possession laws, the following are punishable offenses, listed in order of severity. Utah Marijuana Distribution PenaltiesOther transactions involving marijuana, such as sale and distribution, hold a greater punishment than possession alone. For a first time conviction, distribution of any amount is a third-degree felony. Penalties included with the charge are $5,000 in fines and a sentence up to five years in Utah State Prison. Distribution in a drug-free zone or in the presence of a minor, as well as subsequent conviction will increase the felony classification and penalties. At the minimum, a mandatory five-year prison sentence will be served with any first-degree felony conviction. Permitted Prescribers of Medical Marijuana in UtahOnly those medical providers registered with the Utah Department of Health to recommend Medical Cannabis can issue recommendations for Medical Cannabis. To be deemed qualified by the department, a health care provider must: Process for Legally Obtaining Medical MarijuanaIf the patient does not yet have a Medical Cannabis Card, she or he must follow these steps to obtain Medical Marijuana legally in Utah: Marijuana Possession: Laws & PenaltiesAccording to the National Institute on Drug Abuse, marijuana ranks as the most commonly used illegal drug in the United States. While some states have passed laws permitting or decriminalizing possession of small amounts of marijuana, marijuana remains an illegal controlled substance under federal law. The conflict might someday be resolved, but for now, federal and state law are at odds with each other. As a result, federal consequences are possible even when people follow state laws about marijuana use and possession. Federal Marijuana LawFederal drug laws classify marijuana as a Schedule I drug. A first possession offense of any measurable amount carries misdemeanor penalties of imprisonment for up to one year and a minimum $1,000 fine. The penalty increases to a felony for a second possession offense. If someone possesses marijuana in order to sell it or for other criminal reasons, the penalties become much harsher including possible mandatory prison time and forfeiture of property or money. Federal prosecutors can prosecute conduct that is legal under a state’s marijuana laws. While federal prosecution for marijuana possession when state law allows it isn’t common, the rise in the number of states authorizing certain medical and recreational marijuana use has prompted the federal government to reevaluate its enforcement policies from time to time. Utah State Marijuana LawsSome states follow federal law and prohibit any possession of marijuana. But a growing number of states have enacted laws that split from federal law and allow possession of small amounts of the drug. Medical Marijuana In UtahMore than 30 states have approved medical marijuana programs. Regulations vary widely between states. To legally purchase and possess medicinal marijuana, most states require patients to register with the state or obtain a specific identification card. Some states allow patients to grow their own marijuana, while others allow access only through regulated dispensaries. Utah Legalization Of MarijuanaA few states have legalized possession of small amounts of marijuana for personal use by adults. But, even in these states, limits exist. In “legalized” states, laws still control: Decriminalization Of Marijuana In UtahInstead of legalizing recreational use of marijuana, some states have decriminalized it. What’s the difference? In “decriminalized” states, the law still prohibits possession of small amounts of marijuana, but punishment is typically a civil fine or low-level criminal infraction that can’t result in jail time. Utah Sealing Past ConvictionsA number of states that have legalized or decriminalized marijuana possession allow people with past convictions to seal or expunge their old records. Depending on the state, the process can be automatic or require people to petition the court. Clearing your criminal record often helps in obtaining jobs, housing, and professional licenses. Expungement LawyerWhen you need legal help with an expungement 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
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4.9 stars – based on 67 reviews
How Can I Start The Divorce Process Common Trust Beneficiary Mistakes Law Firm Focusing On Church Law Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/marijuana-conviction-expungement/ How to Hire an Attorney for Your ChurchThere are occasions when a church board must hire an attorney. Here are some examples: • A church member demands to inspect virtually all of a church’s records in order to determine if the church is being governed properly. The church board hires an attorney to assist in responding to the member. • Unfortunately, few attorneys are able to specialize in “church law,” and so many church leaders are unable to find an attorney in their community with experience handling church legal issues. In such a case, you should consider retaining an out-of-town attorney. There are a few excellent regional and national law firms that have experience representing churches. In some cases, their fees may be higher, but this is almost always offset by their expertise. Does it make sense to pay a lower hourly fee to a local attorney who has to spend hours educating himself about your issue, or, to pay a higher hourly fee to a specialist who will work significantly fewer hours? In addition, you are much more likely to receive a helpful and accurate response from an attorney who specializes in church law. Reasons to Hire a Lawyer for ChurchNot every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations. While each person’s legal situation is different, there are times when you really should hire a lawyer. In fact, failing to work with an attorney in certain instances can lead to broken agreements, lost claims, or even prison time. Below are the reasons to hire an attorney.
When Does A Church Need An Attorney?When someone is starting or joining leadership in a religious institution, legal considerations are often towards the bottom of the priority list. However, religious institutions of all faiths need to be aware of areas where they may need advice from a licensed attorney in order to best serve their membership and carry out their faith. Here are some of the most common areas where a church or other religious organization should consult an attorney. • Denominational Relations: In today’s changing culture, many of the traditional denominations in Utah are changing also. It is inevitable that some congregations will feel called away from their past denominational affiliations for one or more reasons. When separation is being considered, it is vital to consult an attorney who is familiar with the process of leaving a denomination. Various legal issues will need to be considered before undertaking a separation and an understanding and knowledgeable counselor will ease the transition for all involved. Church LawyersWhen you need attorneys to help you with your church, 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
The post Law Firm Focusing On Church Law first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
How Can I Start The Divorce Process? Common Trust Beneficiary Mistakes Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/law-firm-focusing-on-church-law/ When creating a trust, you have to name your beneficiaries. In many cases, these are going to include your spouse, children, grandchildren, and in some cases, great-grandchildren. As the children named in your trust get older, you should think about amending your trust to ensure each child’s specific needs are reflected. You also need to review the information in your trust to figure out when your beneficiaries are going to receive the inheritance you are leaving them. In some cases, you may wait to give your children large sums of money until they have reached a specific age, or until they have achieved career or educational milestones. It’s a good idea to review all of your estate planning documents from time to time to ensure individuals you have appointed as guardians for your minor children or any children you have with special needs are still appropriate and are still willing to take on the huge responsibility. When carrying out the terms of your trust, your trustee may be required to defer payments to your beneficiaries. If you are selecting a family member, be sure to choose wisely. After all, there are certain situations that may create tension in a relationship that otherwise loves. In some cases, you may want to think about hiring a trusted non-family member or even a corporate trustee. The Most Common Mistakes to Avoid When Creating a TrustWhile setting up a trust may seem somewhat daunting, it doesn’t have to be. Knowing the top mistakes that are made when doing this can help ensure you avoid them and minimize the stress and hassle related to this situation. Mistake – Not Naming a Contingent BeneficiaryIf your primary beneficiary predeceases you and you haven’t named a contingent beneficiary, the probate court will likely have to determine who should receive the benefits in accordance with your Will or Trust or your state’s default inheritance plan. Naming a contingent beneficiary prevents the unnecessary costs, delay and stress of probate and ensures you control who receives your assets. It also gives your primary beneficiary the flexibility to refuse or disclaim an unneeded inheritance if it’s a smart tax move to instead let it pass to a child or other named contingent beneficiary. Mistake – Naming One Child Expecting that Child to Share the InheritanceOften one child is more financially responsible than others, but a child may face negative income or gift tax consequences in making a gift of the inheritance to others and is under no legal obligation to share the benefits. Ask your attorney how to appropriately name your children as co-beneficiaries or to create a Trust to benefit any child that is not financially able to manage an inheritance, or designate a minor inherit subject to your state’s Uniform Transfers to Minors Act. Mistake – Naming a Trust Beneficiary without Specific Instructions from your Estate AttorneyBefore naming an existing Trust as beneficiary on any beneficiary designation form, ensure the terms of the Trust make sense for that beneficiary and that doing so won’t have unintended tax consequences. IRAs, 401Ks and other qualified retirement plans allow for the valuable tax-deferred growth of the asset over a beneficiary’s life expectancy, however, most Trusts are not drafted to allow for continued tax-deferral. That means naming a Trust as beneficiary typically causes all the retirement plan assets to become income taxable within five years. If you want a Trust to control how your retirement assets are received by minor beneficiaries or beneficiaries needing some management or distribution assistance, ask your attorney for a designated beneficiary Trust to accomplish these goals without negative tax consequences. Mistake – Naming Anyone other than Your Spouse as a Retirement Plan Primary BeneficiaryFederal and State law place restrictions on a married individual from naming someone other than his or her spouse as the primary beneficiary. While it may be possible for your spouse to consent to your naming of another, state laws also come into play so be sure to seek guidance from an attorney. Mistake – Naming a Beneficiary with Special NeedsIt is common to name someone with special needs as a beneficiary on a beneficiary designation form without realizing that doing so may disqualify the individual from receiving governmental assistance such as Supplemental Security Income (SSI) or medical benefits. Be sure to speak with your attorney to determine whether it’s wise to name a special needs Trust as beneficiary to allow benefits to pass to your loved one without jeopardizing his or her access to governmental benefits. Advice to Trustees: Get Along With BeneficiariesA trustee’s job easier is made easier by a friendly relationship with beneficiaries. When you’ve been chosen to act as the trustee of a trust, you must handle both money and people. You might be more worried about the financial part, but the people may prove to be the greater challenge. Your job as trustee will be infinitely easier (and you’ll be far more effective) if, right from the start, you have cordial dealings with the trust beneficiaries; the people who benefit from the trust money. Communicate Well and Often With BeneficiariesMost beneficiaries are unfamiliar with the trust administration process and anxious about their lack of control. This combination is the perfect recipe for fear and paranoia. You may be doing everything right from a technical standpoint, but if the beneficiaries don’t know what you’re doing or why you’re doing it you’re not likely to get their cooperation or support. And, without it, your job is likely to take longer and be more difficult than it needs to be. The best way to relieve beneficiaries’ concerns is to: Get in Touch Early With BeneficiariesIf the beneficiaries all live nearby, a good way to start might be to call a family meeting and sit down together to go over the process of trust administration. You can answer beneficiaries’ basic questions about the trust and its terms and give them an overview of what must happen before you can hand over the trust assets to them. Limit the scope of the meeting to a discussion of what the trust instrument says and how trust administration works. The attorney who’s helping you in your role as trustee can also be at that first meeting (for more about whether you should hire an attorney. The attorney can answer questions about the trust and your responsibilities. But beneficiaries need to understand that the lawyer is there to represent you in your capacity as trustee and that the attorney cannot give the beneficiaries legal advice. Unhappy beneficiaries can get their own attorneys to help them advocate for them in the trust administration process; though if you keep them informed and engaged, they shouldn’t need to. If a face-to-face gathering isn’t practical, send each beneficiary a letter to notify them that you are the trustee, give your contact information, and provide an overview of the trust administration process. This letter should be in addition to whatever notices your state law requires. Stay in Touch With BeneficiariesWhenever you take an action as trustee or discover information that affects the beneficiaries, be sure to let the beneficiaries know about it. You have a legal duty to give the beneficiaries information that they might need to protect their interests. You’ll be providing regular written reports (called “accountings”) that detail all financial transactions, but it’s a good idea to keep informal lines of communication open, too. A short email that tells the beneficiaries that you’ve gotten an offer on some trust real estate you want to sell or the troubles you’ve been having with liquidating a brokerage account will let the beneficiaries know what’s happening and that you’re keeping them in mind. Show Beneficiaries the Trust TermsIn some states, beneficiaries have the right to see a copy of the trust document itself. In other states, beneficiaries don’t have a legal right to see the whole trust instrument, so if you wish, you can give them only enough information for them to safeguard their interests. You might decide to disclose only the provisions that apply directly to a particular beneficiary. In many cases, such as when all siblings are receiving an equal share of the trust it may make sense to give each one a full copy of the trust instrument itself, even if it’s not required by state law. But in some situations, sharing the whole trust document with all the beneficiaries can trigger bad feelings. If one beneficiary’s share is being kept in a trust because of that beneficiary’s past inability to manage money, or if one beneficiary is receiving more than others, you might not want to offer the entire trust instrument. You can provide it if a beneficiary asks you for it. Free Initial Consultation with LawyerIt’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
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