A recently released report from the Brookings Institution entitled “America’s Advanced Industries: What They Are, Where They Are, and Why They Matter” highlights the strength and diversity of Utah’s economy. The report defines an industry as an “advanced industry” if it meets two criteria: 1) the industry spends heavily in research and development (R&D spending per worker in the 80th percentile or higher or more than $450 per worker); and 2) the industry employs workers with a high degree of STEM (science, technology, engineering, and math) knowledge above the national average of 21% of all workers. Using these criteria, the authors of the report identified 50 industries that invest heavily in research and development and employ highly skilled workers. These 50 industries include manufacturers, energy providers and service providers in a variety of industries, such as aerospace products and parts, motor vehicle-related manufacturing, computers and peripheral equipment, chemical products, energy industries, computer systems design, data processing and hosting, and software publishers. Many of these industries are developing “disruptive technologies” that are redefining both the workplace and our daily lives. Overall, the State of Utah was one of only seven states where more than 10% of the workers are employed in advanced industries. And the Salt Lake City, Provo-Orem, and Ogden-Clearfield metropolitan areas were all ranked in the top 15 among large metropolitan areas with the highest percentage of advanced industries employment. While Utah’s three largest metropolitan areas are among the leaders nationwide in advanced industries employment, the composition of that employment differs from region to region. Ogden-Clearfield’s advanced industries employment was geared more towards manufacturing industries, with Ogden ranking as one of the five areas most specialized in advanced manufacturing industries. Conversely, Provo-Orem, with a large number of technology companies contributing to its reputation as the Silicon Slopes, is one of the five areas with the highest concentration of advanced services industries. The report also identified Provo-Orem as one the fastest growing areas in the advanced industries area. Finally, Salt Lake City had a more diversified industry base, reflecting a mix of both manufacturing and service industries. Some Tips for Borrowers Negotiating a LoanNew loans are more complicated when a borrower already has an existing loan with another lender. It’s all about collateral. Here are some tips to keep in mind: 2. Inter-creditor Agreement. It’s common for two or more lenders to make loans secured by a single borrower’s collateral. To do this, they will enter into an inter-creditor agreement that specifies the priority of each lender’s collateral. There are two possible scenarios: (i) the lenders can split the collateral between them, each maintaining a first priority position (e.g., one lender will take inventory as collateral, and the other lender will take equipment), and (ii) each lender can take the same assets of the borrower as collateral, with one lender being in a first priority position and the other being in second position. Inter-creditor agreements can involve contentious negotiations between competing lenders, and it’s important for the borrower to have competent counsel to act play the role of a mediator. Many loan deals have failed to close because the lenders could not reach agreement on the inter-creditor document. 3. Payoff Letter. When a new loan will be paying off an old loan, the old lender will be asked to provide a letter that details exactly how much principal, interest and fees are outstanding. The payoff letter should also state that, upon payment in full of all amounts owing, the old lender releases its lien on the borrower’s assets. Some lenders forget their obligation to release liens, and it can cause future problems for the borrower. Experienced finance counsel will help the borrower remember this important step and save money in the long run. Loan Negotiation LawyerWhen you need legal help with loan negotiations, 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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Utah Estate And Probate Lawyers Why You Shouldn’t Get A Divorce Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/negotiating-a-loan/
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Although divorce is common throughout Utah, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together. Filing the Divorce PetitionWhether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information: Asking for Temporary OrdersCourts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Other temporary orders may include a request for status quo payments or temporary property restraining orders. Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. If you need a temporary order but didn’t file your request at the time you filed for divorce, you’ll need to apply for temporary orders as quickly as possible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. Serve Your Spouse and Wait for a ResponseAfter you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Service of process can be easy, especially if your spouse agrees with the divorce and is willing to sign an acknowledgment of service. However, some spouses, especially ones that want to stay married or make the process complicated, can be evasive or try anything to frustrate the process. The easiest way to ensure proper service is for the filing spouse to hire a professional who is licensed and experienced in delivering legal documents to difficult parties. The cost is usually minimal and can help prevent a delay in your case. If your spouse retained an attorney, you could arrange to have the paperwork delivered to the attorney’s office. The party who receives the paperwork (usually titled “defendant” or “respondent”) must file an answer or reply to the divorce petition within a prescribed amount of time. Failure to respond could result in a “default” judgment against the non-responding spouse, which can be complicated and expensive to reverse. The responding party has the option to dispute the grounds for divorce (if a fault divorce), the allegations in the petition, or assert any disagreements as to property, support, custody, or any other divorce-related issues. Negotiate a SettlementIn cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Divorce TrialSometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Finalizing the JudgmentWhether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. If you are going through a divorce, talk to a divorce attorney to figure out your options. Consult an Attorney: It’s always a good idea to consult an attorney before you decide to file for divorce. An attorney can explain the divorce process, including mediation, financial disclosures, and the legal requirements. An attorney can also help you identify your goals regarding child custody and parent-time and the division of assets and debts. Divorce LawyerWhen you need to talk to a lawyer about divorce, 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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What Is Rule 501 Of Regulation D? Utah Estate And Probate Lawyers Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/why-you-shouldnt-get-a-divorce/ Even after you’ve incorporated, obtaining federal tax-exempt status is a critical step in forming a nonprofit organization. Most of the real benefits of being a nonprofit flow from your 501(c)(3) tax-exempt status, such as the tax-deductibility of donations, access to grant money, and income and property tax exemptions. To apply for tax-exempt status, you must complete IRS Form 1023, Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. Completing this form can be a daunting task because of the legal and tax technicalities you’ll need to understand. When to File For 501(c)(3) StatusTo get the most out of your tax-exempt status, you’ll want to file your Form 1023 within 27 months of the date you file your nonprofit articles of incorporation. If you file within this time period, your nonprofit’s tax exemption takes effect on the date you filed your articles of incorporation (and all donations received from the point of incorporation onward will be tax deductible). If you file later than this and can’t show “reasonable cause” for your delay (that is, convince the IRS that your tardiness was understandable and excusable), your group’s tax-exempt status will begin as of the postmark date on its IRS Form 1023 application. Form 1023-EZ: The Streamlined ApplicationSmaller nonprofits may be eligible to file Form 1023-EZ, Streamlined Application for Recognition of Exemption Under Section 501(c)(3) of the Internal Revenue Code. This is a shorter, simpler application form that you complete online. Form 1023-EZ may only be filed by nonprofits with less than $50,000 in annual receipts and $250,000 in total assets. If you’re in the ballpark, complete the Form 1023-EZ Eligibility Worksheet contained in the Form 1023-EZ Instructions to determine if your nonprofit meets all the requirements for using the shorter streamlined form. If you are eligible to use it, this version of the form is much easier to complete and will take you much less time. The filing fee is also much smaller. Identification of ApplicantThis section tells the IRS about your organization. It asks for basic information like the name of your nonprofit corporation, contact information, and when you filed your articles of incorporation. Your nonprofit must have a federal employer identification number (EIN) prior to applying for 501(c)(3) tax exemption, even if it doesn’t have employees. This can be done quickly and easily. Even if your organization held an EIN prior to incorporation, you must obtain a new one for the nonprofit corporate entity. For information on how to apply for an EIN, including information about applying online, visit the Employer ID Numbers page on the IRS website. Organizational StructureThis section requires that you attach a copy of your articles of incorporation and your bylaws to the application form. Most nonprofits seeking 501(c)(3) status are corporations. If your entity is an LLC, unincorporated association, or nonprofit trust, you should seek the help of a lawyer with experience in nonprofit tax law to complete your Form 1023 application. Required Provisions in Your Organizing DocumentThere are certain clauses that you must have in your articles of incorporation in order to get your 501(c)(3) exemption, including: • a clause stating that that any assets of the nonprofit that remain after the entity dissolves will be distributed to another 501(c)(3) tax-exempt nonprofit or to a federal, state, or local government for a public purpose. In this section, you state where these clauses can be found in your articles (by page, article, and paragraph). Narrative Description of Your ActivitiesHere you provide a detailed, narrative description of all of your organization’s activities — past, present, and future — in their order of importance (that is, in order of the amount of time and resources devoted to each activity). Compensation and Financial ArrangementsThe purpose of this section is to prevent people from creating and operating a nonprofit for the sole benefit of its founders, insiders, or major contributors. You’ll need to give information about all proposed compensation to, and financial arrangements with: Financial DataAll groups wishing to obtain 501(c)(3) exempt status must provide a statement of revenues and expenses and a balance sheet. An organization that has been in existence for five years or more must provide financial data for its most recent five years. Other groups must provide financial data for each year they have been in existence and good faith estimates for future years for a total of three or four years, depending on how long the organization has been in existence. These revised financial data requirements relate to IRS rules that automatically classify all new 501(c)(3) groups as public charities as long as they can show in their Form 1023 that they reasonably expect to receive qualifying public support. If your nonprofit is a public charity, you will want to include all the information necessary to avoid misclassification as a private foundation. Public Charity or Private FoundationThis section relates to your nonprofit’s classification as a public charity or private foundation. Public charities, which include churches, schools, hospitals, and a number of other groups, derive most of their support from the public or receive most of their revenue from activities related to tax-exempt purposes. Most groups want to be classified as a public charity because private foundations are subject to strict operating rules and regulations. Under IRS regulations all new 501(c)(3) groups are automatically classified as public charities for the first five years as long as they demonstrate in their Form 1023 that they reasonably expect to receive qualifying public support. This way new groups applying for 501(c)(3) tax-exempt status need not seek an advance IRS ruling on their public charity status. For the first five years, the group will maintain its public charity status regardless of how much public support it actually receives. After the initial five-year period, the IRS will start to monitor whether the group receives the public support necessary to qualify as a public charity. You must pay a fee when you submit your Form 1023 application. Check the IRS website for the current user fee. Additional SchedulesCertain types of nonprofits must attach an additional schedule to their Form 1023 application. Most of these schedules concern statutory public charities–nonprofits like churches and hospitals that are automatically classified as a public charity no matter how much public support they receive. Each schedule asks for additional information geared to the type of nonprofit. For example, Schedule A for churches asks a series of questions designed to show whether the organization really is a church for tax purposes, such as whether it has a creed or form of worship. These schedules include: After You FileAfter reviewing your application, the IRS will do one of three things: What Does a Non-Profit Lawyer Do?A non-profit attorney handles many of the same issues as a business lawyer, but focuses on the special issues that affect non-profit organizations. An attorney can help your non-profit if you’re just starting up and need guidance on the paperwork that needs to be filed, when you file taxes, or when you need litigation. A non-profit lawyer can help you lay the proper foundation so that your organization can flourish. Your non-profit lawyer can advise you on the right form of entity for your organization, depending on the activities and goals you plan to achieve. For instance, your charitable organization may be able to gain a tax-exempt status if you meet conditions set forth in section 501(c)(3) of the Internal Revenue Code and maintain specific documents. A political organization, private foundation, or religious organization has different legal and tax obligations. With the right lawyer, you can also get advice about the management for your non-profit such as how to form a board of directors, how to appoint officers, and whether you can form an affiliation. A non-profit lawyer can advise you what types of legal forms and documentation you need to maintain your non-profit status, and aid the education of directors, personnel, and other stakeholders so you can run your organization diligently. Depending on what service you need, your lawyer may use different methods of billing. For simple tasks like document drafting or review, a non-profit attorney often charges a flat fee. For longer or more complex matters, your lawyer will likely charge an hourly rate. Rates will vary depending on your industry, the complexity of your case, and where your business is located. Be sure to negotiate a rate up front with your attorney. 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
Ascent Law LLC
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What Is A Confidential Private Placement Memorandum? Utah Estate And Probate Lawyers Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/501c3-application/ Probate is the entire process of administering a dead person’s estate. This involves organizing their money, assets and possessions and distributing them as inheritance after paying any taxes and debts. If the deceased has left a Will, it will name someone that they’ve chosen to administer their estate. This person is known as the executor of the Will. Every estate and every Will is different. The exact probate process can vary depending on the instructions left in the Will and the assets, creditors, and beneficiaries the estate has. Duties of a Probate LawyersAll the steps involved in probating an estate depend on the probate laws where the decedent lived at the time of death, as well as any other states where the decedent might have owned property. The steps required for settling an estate will differ based on whether the decedent died testate with a valid last will and testament or intestate, without leaving a valid will or other estate plan. A probate lawyer will be well-versed in both situations. A probate lawyer can also be hired to advise beneficiaries of an estate on legal and other matters presented by the personal representative during the course of the probate process. This can become necessary when the beneficiary doesn’t get along with or trust the personal representative. Some probate lawyers specialize in separate lawsuits related to the decedent’s estate. This might happen when a beneficiary challenges the validity of the decedent’s last will and testament through a will contest. These types of attorneys are known as estate litigators, probate litigators, or estate and trust litigators. Additionally, a probate attorney may be responsible for performing any of the following tasks when advising an executor/administrator: The Probate ProcessWhen it comes to administering a decedent’s estate, the process commonly referred to as “probate,” many people fear it is daunting and complicated, but it can actually be as simple as four steps. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent’s estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator becomes the legal representative of the estate. Ways to Pay For Probate• Paying With Your Own Cash: Although probate may costs thousands (if not tens of thousands), some may have that money available. If you’re in position to fund the probate on your own, that is most straightforward route to beginning the estate case. Probate And Estate Terms To Know• Decedent: When probating a will in Utah, you will likely encounter the term “decedent” often. This is the legal term for the person who has died and whose estate is in the probate process. 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
Ascent Law LLC
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Planning For The Future With Trusts Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-estate-and-probate-lawyers/ Under Utаh law, dоg оwnеrѕ and kеереrѕ are liаblе and responsible for thе dаmаgе that their реtѕ cause. Ordinаrilу, thiѕ will bе a саѕе whеrе thе dоg bitеѕ ѕоmеоnе, but wе have hаndlеd a case where thе dog caused a hоrѕе tо rear uр аnd thе rider tо fаll injuring the ridеr. Some states allow dоg оwnеrѕ or kеереrѕ to not be rеѕроnѕiblе until thеir dоgѕ ѕhоw some ѕоrt оf рrореnѕitу оr track rесоrd fоr biting реорlе. Wе оftеn call thiѕ thе “one free bite rule.” However, Utah law does not аllоw оnе free bite fоr Fido. Thе оwnеrѕ of keepers оf dogs аrе rеѕроnѕiblе fоr аll injuriеѕ оr dаmаgеѕ саuѕеd by thеir dogs. Hоwеvеr, the ѕtаtutе that controls thiѕ applies only to dogs. It dоеѕ nоt аррlу tо cats. Even the most tаmе and gеntlе dоg саn ѕоmеtimеѕ be a bitеr оr cause dаmаgе. Dоg bitеѕ саn be viсiоuѕ and painful and саn ѕоmеtimеѕ rеԛuirе рlаѕtiс surgery, cause infесtiоnѕ оr оthеr subsequent рrоblеmѕ. Utаh supplements thе scanter саuѕе оf асtiоn with a dog bitе statute. Thе ѕtаtе thеrеfоrе iѕ сlаѕѕifiеd аѕ a ѕtаtutоrу ѕtriсt liаbilitу state. Itѕ dоg bitе ѕtаtutе mаkеѕ a dog owner or kеереr liable whеnеvеr hiѕ dog bitеѕ a реrѕоn, еvеn thе firѕt timе. Thе ѕtаtutе applies to dоg оwnеrѕ аnd third раrtiеѕ whо are kеереrѕ оf thе dоg, аnd соvеrѕ bitеѕ аnd оthеr injuries infliсtеd by a dоg. Thе ѕtаtutе iѕ wоrdеd аѕ fоllоwѕ: Utah Stаtе аlѕо реrmitѕ a dog bitе viсtim tо recover compensation оn thе ground of negligence. Negligence iѕ thе lасk оf оrdinаrу care; thаt iѕ, the аbѕеnсе оf the kind оf саrе a rеаѕоnаblу рrudеnt аnd саrеful реrѕоn would exercise in ѕimilаr сirсumѕtаnсеѕ. If a реrѕоn’ѕ соnduсt in a given сirсumѕtаnсе dоеѕn’t mеаѕurе uр tо thе соnduсt of an оrdinаrilу рrudеnt аnd саrеful person, thеn thаt person iѕ negligent. In Utаh, thе viоlаtiоn оf an аnimаl соntrоl lаw саn rеѕult in liаbilitу on thе part оf thе viоlаtоr, whеthеr оr nоt he оwnѕ the dog. Utаh Stаtе оftеn has lаwѕ requiring dоgѕ to be on leash, оr рrоhibiting thеm frоm being аt large оr from trеѕраѕѕing. With few еxсерtiоnѕ, соurtѕ hаvе rulеd thаt violating ѕuсh lаwѕ саn bе thе basis of liаbilitу. In Utah State, the viоlаtiоn соnѕtitutеѕ a рrimа fасiе саѕе of nеgligеnсе unlеѕѕ thеrе wаѕ аn оvеrriding rеаѕоn tо juѕtifу the violation. Dog Bite LawyerWhen you need a dog bite lawyer 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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Estate Tax And Estate Planning Attorney What Is A Private Placement Debt Planning For The Future With Trusts Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-law-on-dog-bites/ The Utаh eviction рrосеѕѕ mirrоrѕ mоѕt оthеr ѕtаtе’ѕ laws аnd regulations and allows аn expedited рrосеѕѕ fоr a lаndlоrd to еxреl a tenant whо fаilѕ tо рау the rеnt or whо brеасhеѕ any оthеr рrоviѕiоn in thе rental аgrееmеnt. In Utah, a landlord must fоllоw vеrу specific rulеѕ аnd procedures when evicting a tеnаnt. If the lаndlоrd dоеѕ nоt follow thеѕе rules, thе еviсtiоn (also called an unlаwful dеtаinеr lаwѕuit) might not be vаlid. Thiѕ article will еxрlаin thе basic rules аnd рrосеdurеѕ lаndlоrdѕ аnd рrореrtу mаnаgеrѕ muѕt follow whеn еviсting a tеnаnt in Utаh. Nоtiсе For Tеrminаtiоn With CauseTo еviсt a tеnаnt, a lаndlоrd must hаvе lеgаl cause. Lеgаl саuѕе iѕ dеfinеd by Utah law аnd includes thе tеnаnt’ѕ failure to рау rеnt оr viоlаtiоn of the lеаѕе оr rеntаl аgrееmеnt. If thе landlord hаѕ lеgаl cause to evict thе tеnаnt, thеn thе lаndlоrd can thеn terminate the tenancy. Thе lаndlоrd dоеѕ thiѕ bу giving thе tenant a three-day nоtiсе. Thiѕ nоtiсе will inform the tenant thаt thе tеnаnt muѕt еithеr рау rеnt оr fix thе violation (whiсhеvеr аррliеѕ tо the ѕituаtiоn), or mоvе оut оf the rental unit within three dауѕ оf rесеiving thе notice. If thе tеnаnt dоеѕ nоt comply with thе nоtiсе, thеn thе landlord саn terminate thе tеnаnсу аnd filе аn eviction lаwѕuit аgаinѕt thе tеnаnt Nо Self-EvictionUtаh dоеѕ nоt аllоw fоr аnу nоn-judiсiаl mеаnѕ to еviсt a tеnаnt. A lаndlоrd whо tries to expel a tenant bу сhаnging thе locks, padlocking the dооrѕ аnd windows, thrеаtеning thе tеnаnt or removing the tеnаnt’ѕ реrѕоnаl bеlоngingѕ withоut a соurt оrdеr may be liable tо thе tenant for сivil dаmаgеѕ. Utаh Eviсtiоn PrосеѕѕThе rules rеgаrding evictions are ѕрrеаd thrоughоut the Utаh Code. Lаndlоrdѕ can only еviсt a tenant аftеr filing аn еviсtiоn lawsuit, called аn unlawful dеtаinеr suit, аnd receiving a соurt order. Bеfоrе filing thе lаwѕuit, the landlord muѕt give thе tenant notice аnd аn орроrtunitу tо correct thе viоlаtiоn, if роѕѕiblе. If thе tenant dоеѕ nоt соmрlу with the thrее-dау nоtiсе, thеn the landlord can proceed to соurt аnd filе an еviсtiоn lаwѕuit. Thе lаndlоrd must filе a ѕummоnѕ аnd соmрlаint with the diѕtriсt соurt оf thе соuntу whеrе the rental unit iѕ lосаtеd. Thе tеnаnt will receive a copy оf the summons and соmрlаint аftеr thе landlord files thе рареrwоrk. Thе ѕummоnѕ will hаvе a timе and date fоr a hеаring before a judgе. If thе tеnаnt wiѕhеѕ to defend аgаinѕt the еviсtiоn, the tеnаnt will have tо file аn answer tо the complaint within the timе frае ѕtаtеd on thе ѕummоnѕ, typically thrее dауѕ. Thе tеnаnt muѕt thеn арреаr аt thе hеаring. Utаh Eviction TrialThе eviction triаl iѕ held bеfоrе a judgе. The landlord must рrоvе by a рrероndеrаnсе of thе еvidеnсе thаt the tеnаnt hаѕ fаilеd to рау the rent оr hаѕ violated a раrtiсulаr provision of the lеаѕе. Thе landlord ѕhоuld рrоduсе сорiеѕ of the nоtiсе аnd lеаѕе аgrееmеnt, proof of service оf the nоtiсе аnd Cоmрlаint, rеntаl rесеiрtѕ, роliсе rероrtѕ, photographs, rераir rесеiрtѕ and witness testimony. Thе tenant muѕt рrоvе аnу dеfеnѕеѕ asserted in thе Anѕwеr and any соuntеrсlаimѕ bу рrоduсing рhоtоgrарhѕ, documentary evidence and tеѕtimоnу from witnesses. Eviction 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
Ascent Law LLC
The post Utah Law On Eviction first appeared on Michael Anderson.
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Estate Tax And Estate Planning Attorney Planning For The Future With Trusts Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-law-on-eviction/ A trust is a legal document that can be created during a person’s lifetime and survive the person’s death. A trust can also be created by a will and formed after death. Once assets are put into the trust they belong to the trust itself (such as a bank account), not the trustee (person). They remain subject to the rules and instructions of the trust contract. In essence, a trust is a right to money or property, which is held in a fiduciary relationship by one person or bank for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust. Revocable TrustsRevocable trusts are created during the lifetime of the trust maker and can be altered, changed, modified or revoked entirely. Often called a living trust, these are trusts in which the trust maker: Asset Protection TrustAn asset protection trust is a type of trust that is designed to protect a person’s assets from claims of future creditors. These types of trusts are often set up in countries outside of the United States, although the assets do not always need to be transferred to the foreign jurisdiction. The purpose of an asset protection trust is to insulate assets from creditor attack. These trusts are normally structured so that they are irrevocable for a term of years and so that the trustmaker is not a current beneficiary. An asset protection trust is normally structured so that the undistributed assets of the trust are returned to the trustmaker upon the termination of the trust provided there is no current risk of creditor attack, thus permitting the trustmaker to regain complete control over the formerly protected assets. What Is A Constructive Trust?A constructive trust is an implied trust. An implied trust is established by a court and is determined by certain facts and circumstances. The court may decide that, even though there was never a formal declaration of a trust, there was an intention on the part of the property owner that the property is used for a particular purpose or go to a particular person. While a person may take legal title to a property, equitable considerations sometimes require that the equitable title of such property really belongs to someone else. What Is A Totten Trust?A Totten trust is one that is created during the lifetime of the grantor by depositing money into an account at a financial institution in his or her name as the trustee for another. This is a type of revocable trust in which the gift is not completed until the grantor’s death or an unequivocal act reflecting the gift during the grantor’s lifetime. An individual or an entity can be named as the beneficiary. Upon death, Totten trust assets avoid probate. A Totten trust is used primarily with accounts and securities in financial institutions such as savings accounts, bank accounts, and certificates of deposit. A Totten trust cannot be used with real property. It provides a safer method to pass assets on to family than using joint ownership. To create a Totten trust, the title on the account should include identifying language, such as “In Trust For,” “Payable on Death To,” “As Trustee For,” or the identifying initials for each, “IFF,” “POD,” “ATF.” If this language is not included, the beneficiary may not be identifiable. A Totten trust has been called a “poor man’s” trust because a written trust document is typically not involved and it often costs the trust maker nothing to establish. Disadvantages Of A Trust Trust Lawyer Free ConsultationWhen you need a free consultation with a Trust Attorney, please call Ascent Law LLC (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 Planning For The Future With Trusts first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
How Do I Reconnect With My Husband During Separation Estate Tax And Estate Planning Attorney Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/planning-for-the-future-with-trusts/ The estate tax is a tax on a person’s assets after death. In 2020, federal estate tax generally applies to assets over $11.58 million. Estate tax rate ranges from 18% to 40%. Assets spouses inherit generally aren’t subject to estate tax. The estate tax, sometimes called the “death tax,” is a tax levied on the estate of a person who has recently died. It applies to the money and assets in an estate before they are dispersed to a person’s designated heirs. Only estates that reach a legally defined threshold are subject to the estate tax. The inheritance tax is different from the estate tax. The inheritance tax applies to money after it has been passed on to beneficiaries, who are responsible for paying the tax. Utah does not levy an inheritance tax. However, inheritance laws from other states may apply to you if someone from a state with an inheritance tax leaves you something. Utah does not have a gift tax. There is a federal gift tax exclusion of $15,000 per receiver per year. If you gift one person more than $15,000 in a year, you must report it to the IRS. The gift in excess of $15,000 will reduce your lifetime exemption of $11.18 million and your federal estate tax exemption. Inheritance TaxInheritance tax is a tax paid by a person or persons who inherit the estate (money or property) of a deceased person. In some jurisdictions, the terms “estate tax” and “inheritance tax” can be used interchangeably. The inheritance tax is essentially collected from the heirs or beneficiaries of the estate of a deceased person. The tax is payable upon the transfer of the estate to the beneficiaries. In most cases, each heir is responsible for paying their own inheritance tax based on the portion of the estate inherited. The relationship between the deceased person and the beneficiary may impact the necessity to pay the inheritance tax. For instance, spouses are generally excluded from paying the tax. In addition, the entities and organizations that receive the estate as a charitable donation from the deceased person are not required to pay the tax as well. The lineal descendants, and ancestors, including parents, children, siblings, and grandparents, as well as remote relatives and non-relatives, typically must pay the inheritance tax. However, the remote relatives and non-relatives generally face a much higher tax rate as compared to the close relatives. Generally, the tax is imposed based on the value of the estate. In certain scenarios, if the value of the estate is below a predetermined benchmark, it will not be imposed. Estate PlanningEstate planning is the process of designating who will receive your assets and handle your responsibilities after your death or incapacitation. One goal is to ensure beneficiaries receive assets in a way that minimizes estate tax, gift tax, income tax and other taxes. Estate planning can help establish a platform you can fine-tune as your personal and financial situations change. Steps to Basic Estate Planning Establish your directives: A complete estate plan includes important legal directives. A trust might be appropriate. With a living trust, you can designate portions of your estate to go toward certain things while you’re alive. If you become ill or incapacitated, your selected trustee can take over. Upon your death, the trust assets transfer to your designated beneficiaries, bypassing probate, which is the court process that may otherwise distribute your property. A medical care directive, also known as a living will, spells out your wishes for medical care if you become unable to make those decisions yourself. You can also give a trusted person medical power of attorney for your health cares, giving that person the authority to make decisions if you can’t. These two documents are sometimes combined into one, known as an advance health care directive. A durable financial power of attorney allows someone else to manage your financial affairs if you’re medically unable to do so. Your designated agent, as directed in the document, can act on your behalf in legal and financial situations when you can’t. This includes paying your bills and taxes, as well as accessing and managing your assets. A limited power of attorney can be useful if the idea of turning over everything to someone else concerns you. This legal document does just what its name says. It imposes limits on the powers of your named representative. For example, you could grant the person the power to sign the documents on your behalf at the closing of a home sale or to sell a specific stock. Be careful about who you give power of attorney. They may literally have your financial well-being and even your life in their hands. You might want to assign the medical and financial representation to different people, as well as a backup for each in case your primary choice is unavailable when needed. • For the protection of beneficiaries: An estate plan invariably protects the interest of beneficiaries by ensuring that their shares are properly specified and preserved. If an individual has a child who is a minor, the individual can designate guardians and trustees who will oversee the financial and other needs of the minor. On the other hand, if the individual’s children are adults, but are unable to manage finances or assets, the individual can create a trust to protect the children from making bad decisions. Estate Administration LawyerWhen you need legal help with inheritance, estate, probate, trusts or wills, 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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Is It Worth It To File Bankruptcy? How Do I Reconnect With My Husband During Separation? Packing And Shipping In A Contract Utah Lawyer For Delaware Corporation Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/estate-tax-and-estate-planning-attorney/ Utah Criminal Code 76-5-204: Death Of Other Than Intended Victim No Defense And the conduct is a reasonable response to the circumstances as the person perceives them. A person faced with a threat and acting in the heat of the moment is not expected to weigh the exact measure of force that is appropriate to use in self-defense. Rather, the law allows for a person to use a degree of force that is proportionate to the threat being faced as the person perceives it at the time. In other words, the response is to be assessed based on the circumstances as they appeared at the time of the act and not with the benefit of hindsight. Once the defense of self-defense is raised, the prosecution must prove beyond a reasonable doubt that the accused was not acting in self-defense. It is not up to the defense to prove that the accused was acting in self-defense. If the possibility that the offence was committed in self-defense cannot be excluded, the accused must be found not guilty. For self-defense to be raised there must be sufficient evidence to support a reasonable doubt in the mind of the judge or jury that the prosecution has excluded self-defense. A defendant raising self-defense does not have to give evidence in their defense but the evidence must be such that self-defense is fairly raised. If a defendant does not raise self-defense, the judge can still leave the question of self-defense to the jury to determine if it is appropriate in the circumstances. Defense of property Similarly, the defense of intoxication also relies on the theory that the defendant cannot meet all of the elements of the crime because he or she did not understand what he or she was doing. If a defendant is involuntarily intoxicated, this can be a defense to both general and specific intent crimes under the theory that the intoxication prevents the defendant from understanding right and wrong. Voluntary intoxication is also a defense, but only to specific intent crimes when the defendant argues that his or her intoxication prevented him or her from forming the intent necessary for the crime. Finally, a criminal defendant may be able to argue mistake of law/mistake of fact. Under this defense, the defendant made a fundamental mistake that negates an element of the crime. For instance, a defendant charged with larceny may argue that he mistakenly believed that the victim had given him the property. Similarly, mistake of law applies when a criminal defendant believed his or her actions were lawful. This defense applies in only very limited circumstances. Assault and Battery Although someone may kill someone in self defense, this type of killing is not considered a crime like manslaughter or murder is. The American justice system recognizes the right of someone to protect himself or herself from harm. In order for a self defense to apply, the defendant must have believed that he or she was in imminent danger of harm and that the use and degree of force that he or she used was reasonably necessary to protect his or her safety or that of a third person. Different states have different guidelines regarding the application of self defense. For example, some states impose a duty to retreat on the defendant in which he or she must first attempt to get away from the source of danger before exerting force in order to assert this defense. Other states only permit someone not to retreat if he or she was in his or her own home at the time of the attack. Other factors may be relevant in the application of this defense, such as who the initial aggressor, who escalated a dispute was and whether the defendant was engaged in criminal activity at the time that he or she asserts the defense. Another possibility is that someone may commit an accidental killing. If his or her behavior did not rise to a criminal level, he or she cannot be held criminally responsible. However, there may still be civil liability if the conduct was negligent but not criminally negligent. In this case, a person may be sued for causing the death of someone else. As a general rule, self-defense only justifies the use of force when it is used in response to an immediate threat. The threat can be verbal, as long as it puts the intended victim in an immediate fear of physical harm. Offensive words without an accompanying threat of immediate physical harm, however, do not justify the use of force in self-defense. Moreover, the use of force in self-defense generally loses justification once the threat has ended. For example, if an aggressor assaults a victim but then ends the assault and indicates that there is no longer any threat of violence, then the threat of danger has ended. Any use of force by the victim against the assailant at that point would be considered retaliatory and not self-defense. Sometimes self-defense is justified even if the perceived aggressor didn’t actually mean the perceived victim any harm. What matters in these situations is whether a reasonable person in the same situation would have perceived an immediate threat of physical harm. The concept of the reasonable person is a legal conceit that is subject to differing interpretations in practice, but it is the legal system’s best tool to determine whether a person’s perception of imminent danger justified the use of protective force. 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
Ascent Law LLC
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Best Salt Lake City Utah Estate Planning And Probate Attorneys Is It Worth It To File Bankruptcy? Solution For Custody And Child Support How Do I Reconnect With My Husband During Separation? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-204/ Divorce and legal separation have similar effects in many ways. Both a divorce and a legal separation legally create a space between you and your spouse. You live separately. Your finances are separated. Child custody, child support, division of marital assets and debts, and spousal support (called alimony if you divorce) are all ordered by the court. The important difference between a divorce and a legal separation is that when you divorce, your marriage is formally ended. You are no longer married to each other. You are free to remarry. You live your life moving forward as a single person. When you get a legal separation, however, you remain legally married to each other. You must continue to mark that you are married on forms. You cannot remarry. You still have the right to inherit from each other. A child born to a married woman is legally the child of the other spouse unless proven otherwise. Choosing between a legal separation and a divorce is often a matter of personal preference. Some people have religious or personal beliefs that do not allow divorce, so a legal separation allows them to remain married while being able to live completely separate lives. A legal separation continues your relationship at least to some extent, so you remain connected to each other. If you get a legal separation, you are still entitled to certain benefits, such as Social Security and pensions that provide payments to surviving spouses. A legal separation can be a stopping point on the way to divorce. It allows a couple to resolve all the important issues (custody and financial issues) in their lives while keeping the marriage intact and determining what they really want. A legal separation is reversible. If you get divorced, there is no going back. Legal separations may also be easier for your children, because you remain married and it does not sound as devastating and final as a divorce. In some states, a separation is required before you can get a divorce under certain grounds. Often a waiting period of six months or one year during which you live separate and apart is necessary before you can get a divorce. In other states, a legal separation can become the grounds for a divorce. You resolve all of the issues when you create your separation agreement, live under it for a period of time and that agreement then converts to a divorce decree after a period of time. There are several types of separations. A trial separation is an informal separation during which you live apart and see if a separation or divorce is ultimately what you want. Many couples do this when they are having marital problems. Anyone can separate at any time for any length of time and no court involvement is needed. If you and your spouse are living in two different residences, you are separated. A legal separation occurs when the court formally declares you are separated. Not all states offer legal separation as an option, so it is important to determine your state’s laws. If legal separation is permitted in your state, you can get a legal separation by submitting a separation agreement. You can also obtain one by filing for a separation just as you would file for a divorce. You can even have a trial of you don’t agree. Divorce and legal separation are both valid and useful options to consider when you are dealing with a failing marriage. Take the time to consider which feels more comfortable to you. Some couples end their relationship because of un-resolvable differences or conflicts that can’t be accepted. Others decide to get separated because they simply need time and space to think. Reconciliation is more complicated and sensitive than getting together in the first place. Rebuilding a marriage or relationship involves getting over a broken heart or disappointment in your ex-husband, which requires forgiveness and hard work. If you know your reconciliation will be rocky, consider seeing a counselor who specializes in getting back together after a divorce or separation. At this point, it’s important to take a deep breath and put your emotions aside. You may feel guilt, love, fear, hope, dread, confusion, anger, frustration, concern – you may feel like you’re drowning in an ocean of emotion! But your emotions shouldn’t make the “getting back together after separation” decision for you. Point of a SeparationThere are times when a relationship is burdened by things other than the bond or relationship in and of its self. These could include financial stresses, interference from in-laws or relatives, poor communication or even a lack of space! Alternatively, there may be times when even as adults we need a time out to pull back, take stock and see where we are going wrong so we can work on it. In such instances, a marriage may well be salvable. Separation is meant to give the couple in question the space they need to really determine what they want. If you feel that there is a chance that you and your partner may reconcile and reconnect, that’s brilliant. Staying positive is always a good thing. At the same time, you don’t want to damage the situation further. Different Types of SeparationTrial Separation 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
Ascent Law LLC
The post How Do I Reconnect With My Husband During Separation? first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
How Do You Secretly Prepare For A Divorce? Best Salt Lake City Utah Estate Planning And Probate Attorneys Is It Worth It To File Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-do-i-reconnect-with-my-husband-during-separation/ |
Rogelio MillsSpent the 80's lecturing about love for the underprivileged. Enthusiastic about getting my feet wet with circus clowns in Orlando, FL. Spent a weekend developing strategies for saliva for the government. Archives
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