There are many different types of lawyers (also called attorneys). At some point in time, almost everyone will benefit from understanding what lawyers do, their educational background, and what different types of lawyers there are. Among other purposes, the information is useful for those considering a career in law, for businesses that are hiring for their legal department, and for individuals who need legal representation or advice. Education & Licensure Requirements of LawyersThe primary educational requirements are the same for all lawyers in the United States. To become a lawyer, you must attend three years of law school. At most law schools, you have no power over what courses you take during your first year. Law students typically receive a set schedule of foundational courses from your school. During your second and third years, you usually need to complete certain required courses but can also take elective courses of your choice. Law students who know what type of lawyer they want to be should focus their electives in the subject area they plan to practice. Some schools offer “certificates” in certain areas. These certificates are not required to become a specific type of lawyer but can provide useful education and credentials. For example, a student that wants to become an environmental lawyer might want to pursue a legal education at a school that offers a certificate in environmental law. After graduation from law school, an attorney’s education is not required. To practice law in the United States, you must pass the bar examination for the state where you will be practicing law and meet other state requirements for getting “admitted” to practice in that state. Studying for the bar usually takes about three months. In most states, you must wait another two to three months to get results. In addition to the bar examination, prospective lawyers must also pass an ethics examination, and background check to get admitted. Lawyers can only practice law in the states where they have been admitted to practice. The career outlook for lawyers has become less appealing in the past 10 years because there are many more law schools and lawyers than there used to be. This floods the market and makes it harder for lawyers to obtain jobs and decreases overall salaries. However, there are still good career prospects for industrious attorneys especially if they choose a type of law – like technology – where there is a growing need for lawyers. Paralegals are not lawyers, but they are another career in the legal profession. In the United States, there is no formal education requirement for paralegals, making a career as a paralegal is a smart alternative for those interested in law but who want to avoid the time and expense of law school and taking the bar examination. Paralegals main function is to assist the lawyers that they work for. The day-to-day responsibilities of paralegals vary greatly. Some paralegals provide more administrative support doing things like placing court dates and deadlines on the lawyer’s calendar, writing simple letters, sending out notices, and organizing the lawyer’s files. Other paralegals perform more substantive legal work like summarizing depositions, medical records, and other documents, drafting complicated correspondence and reports, and even doing legal research. Although not required, colleges across the country offer degrees in paralegal studies and related subjects. There are also a few national examinations that paralegals can take to obtain a paralegal certification. Taking the extra step to obtain a degree and certification can help new paralegals find a job or a higher paying job. The pay of paralegals is less than attorneys, but a good paralegal at a large law firm can earn enough money to live quite comfortably in their location. In our office, we primarily focus on these areas: Types of LawyersThere are many laws, and there are lawyers who specialize in about anything you can think of – from environmental attorneys to First Amendment lawyers to digital application attorneys. The following are a few of the many different types of lawyers in the Utah: • Estate Planning Lawyer: Estate planning attorneys help their clients plan for what happens to their estate, their assets, after they become incapacitated or die. Estate planning attorneys draft legal documents like powers of attorney, trusts, wills, and deeds. A large part of estate planning often involves considering tax implications. Because of this, some attorneys choose to go back to school and obtain an LLM, a post law school legal degree, focused on tax. If you have been arrested and charged with a crime, you may be dreading heading to court, especially if you do not have the resources to afford a lawyer. You may be entitled to obtain legal services without charge, however. Under the United States Constitution, you have the right to free legal services for your criminal trial if you cannot afford an attorney of your own. Often, these attorneys are appointed by a judge from a public defender’s office when you are formally charged with criminal counts. This attorney will be assigned to your case for the duration of your criminal trial, as well as your first appeal if you lose the initial criminal case. To find out more, you can contact your local public defender’s office. If you think that you need to file a lawsuit to protect your interests, but are unable to afford a private lawyer, you may be able to qualify for legal aid, often called legal services. Legal aid organizations and attorneys often receive funds from the government and are normally tasked with taking on cases concerning the poor and impoverished. Because of their limited funding, however, legal aid societies and lawyers can usually only take on a select few cases. The lawsuits that legal aid attorneys normally litigate are ones involving denial of unemployment benefits, social security benefits, consumer credit issues, and eviction and other landlord tenant lawsuits. Before you begin looking to obtain services from a legal aid organization, you should make sure you qualify. Often times, legal aid organizations only take cases from those who make less than a certain amount of money each year. You can look in the phone book or contact a local bar association in order to get in touch with a legal aid society to see if you may qualify for free legal services. Government funding to these organizations is usually limited, and because of this, they may not be able to take your case, or you may be in for a long wait. Personal Injury Attorneys on ContingencyMany personal injury attorneys take cases on a contingency fee basis, which means that you do not pay anything to the attorney up front and the lawyer only gets paid if you get paid. Contingency fee arrangements are great for those who have winning cases but no real means of paying an hourly fee to an attorney. The way a contingency fee basis works is that you and your attorney will decide on a percentage amount of the reward that the attorney will get upon a successful lawsuit or settlement. This percentage is often in the neighborhood of 30-40%, but can vary depending upon your state and the laws governing these arrangements where you live. Keep in mind that this percentage does not cover the costs incurred by an attorney, such as filing and court fees. If your case does go to trial, however, and you are successful in your lawsuit, judges often award the costs of the lawsuit in addition to the judgment amount for your injury. Attorneys working in private practice and in firms often set aside a portion of their time to work on pro bono cases. As with community legal aid clinics, pro bono services typically are offered to individuals whose combined household income is less than 125 percent of the federal poverty level. There are some exceptions to these income limits, which you would need to learn about from each pro bono program. Often times you may find an attorney willing to provide free legal services if your case involves some issue of social justice. Social justice issues are easy to spot as they will have implications that extend well beyond the scope of your case and include things like sexual harassment in the workplace or freedom of speech. For example, if you are attempting to sue your landlord for racially discriminating against you, you may be able to find an attorney willing to work for you on a pro bono basis as this case may have a broader influence on the community than just your specific problem. There are a number of organizations that have legal teams dedicated to providing free legal services on social justice issues, including organizations such as the National Association for the Advancement of Colored People (NAACP), American Civil Liberties Union (ACLU) and the National Center for Lesbian Rights. You can find free legal services at many law school legal clinics that provide free legal services to low income clients by law students under the supervision of an attorney (usually a clinical professor). Generally, this type of pro bono work is offered in one or more particular areas, including family law, elder law, landlord-tenant issues, health care law, and financial assistance. Moreover, law students can provide a range of legal services including, but not limited to, research and writing, drafting legal documents, client interviews, negotiation, and court preparation. Legal services are an important consideration for any business owner, but especially for small business owners, who often face a number of legal hurdles. Protecting the owner’s personal assets from lawsuits against the business, ensuring protection for the business against discrimination, wrongful termination, and sexual harassment lawsuits, and handling employee contracts, copyright claims, and incorporation are just a few of the legal issues that commonly face small business owners. Legal Services In UtahWhen you need legal help 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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The City of Orem was organized in 1919 and named after Walter C. Orem, President of the Salt Lake and Utah Railroad. Orem is now the commercial and technological center for Central Utah and is one of the fastest-growing metropolitan areas in the United States. Housing, educational, and employment opportunities continue to be in high demand as Orem’s population approaches 91,000 residents. The City of Orem is located on the eastern shore of Utah Lake and extends on the east to Provo and the foothills of Mount Timpanogos. It shares the general location with Provo, and its history is closely related to that of Provo. Its recent explosive development and growth have resulted in Orem’s population exceeding 67,000 people, according to 1990 census figures. Prior to its incorporation, Orem was known as the “Provo bench,” and its fertile orchards and farmlands added to Provo’s early reputation as the “Garden City of Utah.” Orem was incorporated in 1919 because residents recognized the need to develop a water system for the area. Orem has little naturally occurring water, and local residents believed that Provo was unlikely to provide the public financing necessary to construct a water system. One of the first acts of the new town was to issue $110,000 in bonds to construct the water system, which solved the area’s long-standing shortage of water. The new town took its name from Walter Orem, the owner of the interurban railroad that ran between Salt Lake City and Provo, in an apparent attempt to curry the favor and attract the investments of this prosperous resident of Salt Lake City. Unlike many Utah towns and cities, Orem was not laid out in regular city blocks with houses clustered closely together. Instead, Orem’s origins are in homesteads settled along the territorial highway (now State Street) and along other substantial arteries where area farmers built their homes and to live near their fields and orchards. As prime farmland along primary roads was taken, farms sprang up in other parts of the “bench” that is now Orem, and rural roads soon crisscrossed the area connecting the farms. This type of development, known in Utah as the “Gentile manner,” differed from typical historical development by members of the Church of Jesus Christ of Latter-day Saints, who were often counseled by church leaders to live in the city and cultivate farmland outside its limits. One of the cohesive influences in Orem has been the Sharon Community Educational and Recreational Association, better known as SCERA. SCERA was created in 1933 under the guidance of Arthur V. Watkins, then president of the LDS Sharon Stake and later a United States Senator from Utah, as a substantial community effort at “planned and organized recreation.” SCERA has fulfilled much of its anticipated role in the city since its birth in the depths of the Great Depression. The first major evolution of Orem began in the early 1940s when the Geneva Steel Works was constructed by the federal government as an inland producer of steel. Built along the eastern shore of Utah Lake, Geneva has provided employment to many local residents, either directly or indirectly. In recent times, Geneva has spawned controversy because of increasing concerns over environmental damage caused by the plant and related concerns about lost employment which would be caused by the shutdown of the plant. USX Corporation, the former owner of Geneva, ceased active production of steel at the plant for a brief period in the mid-1980s and then sold the plant to a small group of investors who revived operations. (The steel plant has closed since this writing). The second major change to the landscape of Orem came as many of its farms were converted to shopping centers and malls along State Street and the University Parkway, the intersection of which now probably stands as the focal point of the metropolitan Orem/Provo area. First the University Mall and later other malls attracted business away from downtown Provo, historically the central shopping area of Utah Valley. Little successful central planning has taken place in Orem, and it is as much without a central core now as it was when it was known as the Provo bench. Pockets of commercial and residential development dot the expansive area that is Orem. Challenging Fees in ForeclosureIf you fail to keep up with payments on your mortgage, you may accumulate late fees related to those payments as well as other costs related to an eventual foreclosure. The lender or mortgage servicer will include these charges in the amount that you owe, which will increase the total balance on your loan. Unfortunately, these entities often make mistakes in their calculations or add improper fees. If you suspect abuse or an error by the foreclosing party, you can challenge the fees. This may not completely defeat the foreclosure, but it may reduce the debt that you owe and make it easier to pay off any resulting deficiency judgment. Legal theories that may apply in these cases include unfair business practices, a breach of contract (a violation of the mortgage terms), unjust enrichment, a breach of the duty of good faith, and a breach of a fiduciary duty. Errors in Foreclosure Late FeesMany of the most common errors made in calculating fees involve late fees that are assessed when a homeowner misses a mortgage payment. Sometimes the mortgage servicer will not promptly credit the account for the payment, as required by federal rules. Or the servicer may charge a late fee that is greater than what the terms of the mortgage or state law allow. (If state law allows an amount lower than what the mortgage provides, the law generally will override the mortgage terms.) A mortgage often provides a grace period after a payment is technically due. If you make your mortgage payment within the grace period, you should not be subject to a late fee. Also, once the loan has been accelerated at the start of the foreclosure process, the entire balance on the loan will be due. The mortgage servicer should not charge any further late fees at this stage. Federal and state laws do not allow mortgage servicers to engage in a practice known as “pyramiding,” which essentially means stacking late fees. A homeowner may make a full payment on time but not pay a late fee related to a previous missed payment. “Pyramiding” happens when a lender uses part of the payment to cover the late fees. This means that the payment does not count as a full payment, and the lender then assesses additional late fees. Challenging Other Fees in ForeclosureYou may face additional charges related to the foreclosure process, including the costs of the foreclosure itself and property inspection fees. Foreclosure costs must be reasonable and actual, as must attorney fees. Property inspection fees must be necessary to protect the condition of the property. If the lender has no reason to believe that the property will suffer damage, and the homeowner is still living there, these fees may not be necessary. They tend to be small but can add up if inspections are conducted on a monthly basis. A related type of fee is property preservation costs. These may involve addressing security issues, such as broken locks or windows, or they may cover utility payments or repairs to the landscaping. However, these fees need to be reasonably necessary. A more miscellaneous type of fee is corporate advances. The lender or mortgage servicer pays these fees with the expectation of being reimbursed by the homeowner. For example, if the homeowner allows their insurance policy on the property to lapse, the lender may purchase force-placed insurance and then charge the homeowner for those costs. If it purchased force-placed insurance in error, you may be able to wipe out that charge. If you notice charges that are unclear or that you do not understand, you should not hesitate to ask for an explanation. Foreclosure Reinstatement and PayoffTwo ways in which you can prevent a foreclosure are reinstatement and payoff. Reinstatement involves making a single payment to catch up with everything due on a loan. By contrast, payoff involves paying the lender the total remaining balance of the loan. (Payoff before a foreclosure sale is commonly known as redemption, which is an equitable right available in every state.) You can contact your mortgage servicer to determine the amount required to either reinstate or pay off the loan. If they fail to respond, this may be a defense to an eventual foreclosure. If you are not the borrower on the loan, you will need to have written authorization from the borrower to get the quote. Whether you are reinstating or paying off a loan, you should make sure to pay the full amount that is due. Otherwise, the lender could reject your payment and move forward with the foreclosure sale anyway. The lender’s attorney or the foreclosure trustee may confirm the amount with you in advance to avoid any confusion. Foreclosure Reinstatement LawyerAs explained above, a homeowner can reinstate a loan by paying back any payments that are in default, as well as costs related to the default. They still will need to keep up with their monthly payments after reinstating the loan, or they will go into default again. Items that may be involved in a reinstatement, in addition to the missed payments, include late fees, attorney fees, costs of foreclosure proceedings, costs of property inspections, and a recording fee to cancel the foreclosure sale. You should try to reinstate the loan as soon as you can. Paying at the last possible moment puts you at risk of falling victim to a mistake by a courier or a bank, which could result in the foreclosure going through. State law may provide a deadline for reinstatement, or your mortgage or deed of trust may provide a deadline. Reinstatement is not automatic unless it is provided by state law or the mortgage terms, but you may be able to reinstate your loan even if the lender is not technically required to allow it. The lender may find it easier to continue with the loan than to go through the foreclosure process. Foreclosure Payoff AttorneyPaying off the loan will involve not only satisfying the entire remaining balance but also covering costs similar to those involved in a reinstatement. Thus, the balance that you see in your monthly billing statement is not the total amount that you need to pay off because it does not account for those extra costs. Similar to reinstating a loan, you should aim to pay off a loan as soon as possible so that logistical delays do not interfere. You should plan to request a payoff quote at least five business days before making the payoff. Federal law requires mortgage servicers to provide a payoff statement within seven days of when you ask for it, unless certain circumstances apply. One of these circumstances is when the loan is already in foreclosure, in which case the mortgage servicer simply needs to respond within a reasonable time. This is another reason for getting the process started as soon as you can. Challenging the Amount of a Reinstatement or PayoffYou have the right to contest what you believe to be an incorrect amount in a reinstatement or payoff quote. This requires sending a notice of error to the mortgage servicer. Under federal law, it has seven business days to correct an error regarding the payoff balance amount. Disputing the amount does not automatically stop a foreclosure, though, so you should think twice before delaying your payment over a small disputed amount. What Will a Foreclosure Lawyer Cost Me?Foreclosure can be one of the most difficult decisions a homeowner makes. Not being able to keep up with mortgage payments is one thing, but not understanding how much it may cost to defend against foreclosure or ensure it is done fairly can make matters much worse. Depending on the type of foreclosure, the typical attorney’s fees will range anywhere between $1,500 – $20,000. What Factors Cause Foreclosure Costs to Vary?How much a lawyer charges will certainly be a factor in the cost of a foreclosure. However, there are many other considerations ultimately determine how expensive the process will be. Below is a general lay out of the costs typically associated with home foreclosure: 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
4.9 stars – based on 67 reviews
SEC Charges Former Staffer With Securities Fraud Non Divorce Custody And Visitation The post Foreclosure Lawyer Orem Utah first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-orem-utah/ The terms “living will”, “health care directive”, and “advance directive”, all refer to the legal document that lets people state their wishes for end-of-life medical care. A living will, despite its name, isn’t at all like the wills that people use to leave property at their death. A living will, also called a directive to physicians or advance directive, is a document that lets people state their wishes for end-of-life medical care, in case they become unable to communicate their decisions. It has no power after death. If you’re helping someone with their estate planning (or doing your own), don’t overlook a living will. It can give invaluable guidance to family members and healthcare professionals if a person can’t express his or her wishes. Without a document expressing those wishes, family members and doctors are left to guess what a seriously ill person would prefer in terms of treatment. They may end up in painful disputes, which occasionally make it all the way to a courtroom. How to Create a Living WillThe requirements for a living will vary by state so many people hire a lawyer to prepare their living will. Most people can create this simple document – along with the other typical estate planning documents – without the high legal fees by using a quality software application that accounts for their state’s laws. If you need to write or update a will or trust, you can take care of your living will at the same time. Making Your Own Living WillYou can create a legally binding health care directive (living will) without paying an attorney by using reputable estate planning software. In addition to a living will, you can create a complete set of estate planning documents including your will, power of attorney, living trust, and more. How Living Wills WorkMany states have forms for advance directives, allowing residents to state their wishes in as much or as little detail as they’d like. For example, it’s common to direct that “palliative care”—that is, care to decrease pain and suffering—always be administered, but that certain “extraordinary measures,” like cardiopulmonary resuscitation (CPR) not be used in certain circumstances. To be valid, a living will must meet state requirements regarding notarization or witnesses. A living will can be revoked at any time. The document can take effect as soon as it’s signed, or only when it’s determined that the person can no longer communicate his or her wishes about treatment. Even if it takes effect immediately, doctors will rely on personal communication, not a document, as long as possible. Powers of Attorney for HealthcareLiving wills are often used with a document called a durable power of attorney (DPOA) for healthcare. In some states, in fact, the two documents are combined into one. A DPOA appoints someone to carry out the wishes about end-of-life treatment that are written down in a living will or medical directive. The person named is called the “agent,” “healthcare proxy,” or “attorney-in-fact” of the person who makes the DPOA. Living Wills After DeathAny authority granted by a living will ends when the person who made the document dies, with the single exception that some living wills or powers of attorney give healthcare agents the power to make decisions about organ donation or autopsy. But because those decisions must be made very soon after death, the authority is not long-lasting. Again, this is in sharp contrast to a regular “last will and testament,” which has no effect when the will-maker is alive but becomes legally binding at death. Writing a Last Will and TestamentThrough your will, you declare what should happen to your estate after your death. Appoint an executor to represent you. It could be your financial adviser or lawyer, but many people choose a spouse or close relative. It’s common to have an executor who is also a beneficiary to the will. You can appoint a backup executor too. Your executor first pays probate, funeral, and burial costs and seeks out creditors to pay from your estate. After creditors receive their payments, your remaining assets go to the people or organizations you have named in the will. Be sure to leave your assets to people who can afford the associated payments and upkeep. Name guardians who are willing to take care of your minor children if necessary. Appoint someone who is willing to adopt your pet(s) and reserve funds for their care. Decide and explain what you’d like done with your online accounts and leave user names and passwords, so that others can take care of it. Check your state law to find out if your will needs witnesses to sign and watch you sign your will. Most states do. Put your signed will in a safe spot known to your family and executor. Be aware that significant life changes could create a need for changes to your will, through a codicil or the making of a new will, and other estate documents. Creating a Living WillIf you face surgery or an incurable illness or simply wish to have a thorough estate plan, create a living will. Then, if you lose the ability to communicate your preferences, your doctor and those close to you know what end-of-life decisions to make on such issues as feeding and resuscitation. Through a living will you can also permit the donation of your organs or the autopsy, burial, or cremation of your body. You may wish to create a durable power of attorney for other treatment issues or payment instructions for healthcare. Be sure the person to whom you assign this power is mature, dependable, and religiously or ethically capable of carrying out your decisions. In the best-case scenario, you have time to discuss your living will with your doctor well in advance and gain a thorough understanding of the common medical options to anticipate and their possible impacts. Be sure your primary care doctor is on the same page with you and your decisions. The basic difference between a will and a living will is the time when it is executed. A will takes legal effect upon death. A living will, on the other hand, gives instructions to your family and doctors about what medical treatment you do and don’t wish to have, should you become incapacitated. The insight of an experienced attorney can be valuable with regard to these two important documents and how each one suits your specific needs. Attorney for a living will or advance directive• Hire an attorney or do it yourself: An attorney who focuses on estate planning can create an advance directive for you and will know your state’s laws. You can also create one on your own, but you must make sure it meets your state’s requirements. Resources available to you include legal document creation software; a free living will form provided by your physician, local hospital, local senior center, or state’s medical association; and The National Hospice and Palliative Care Organization, which allows you to download a state-specific advance directive form. Do I Need a Living Will?A living will can be an important part of planning for the future. Understanding exactly what a living will is and what protections it offers can help you make informed decisions. Provisions of a Living WillThe living will definition is a document that specifies your wishes about medical care. This can include withholding of lifesaving treatments, use of pain medication, withholding of nutrition and hydration, and removal of life support. A living will may also contain a provision naming a person to make medical decisions on your behalf if you are unable to (this is sometimes a separate document called a health care power of attorney or a health care proxy). Living wills sometimes contain directives about the patient’s goals when it comes to quality of life as well as directions about personal hygiene, modesty, and spiritual or religious instructions. Will vs. Living WillA will is a document that specifies how an individual’s property and assets should be distributed after their death. In contrast, a living will or advance healthcare directive contains instructions for medical treatments in the event of the person becoming incapacitated. Both will and living wills are binding legal documents but there is a big difference in how private they are — when the person dies and the will is executed, it goes through probate so wills become a matter of public record. But living wills stay private and are only seen by the medical staff in charge of caring for the person. What’s the Difference Between a Will and a Living Will?A will is sometimes also called the last will and testament is a legal document that specifies how a person’s estate should be handled after that person’s death. For example, whether their property and assets will be inherited by all children equally, or by certain children or relatives, or donated to charity. A will only gets executed after the person is deceased. How to Make a WillThe requirements for a living will vary between states, and so they should be prepared by a lawyer. In the will, an individual indicates which treatments they do or do not want applied in the event of a terminal illness or a permanent vegetative state. Before they become effective, they need certification from both your doctor and another doctor that you are suffering from a terminal illness or are permanently unconscious. How to Make a Living WillLiving wills can only be created by individuals who are over 18 and considered of “sound mind.” The documents must be signed by you or your proxy, and may need a witness or a notary public present. Once it is prepared, a copy should be given to your doctor to go in your medical file. People may prefer to get legal advice to set up a will, but it is not always necessary. A valid will must be written in sound judgment; clearly state it is the individual’s will, name an executor, and be signed in front of two witnesses. PrivacyAs living wills are medical documents, they remain private. Wills go through probate, and so become public documents. CostThe cost of setting up a living will varies from state to state, depending on whether it must be witnessed by a notary. Costs typically fall between $450-$800 to hire a lawyer to draft the living will. Wills also cost about $600 to $1,000 to be written up, but the probate process can be expensive, as many probate lawyers charge by the hour, and it can be an extensive process. What happens if there is no living will?If a person goes into a vegetative state without a living will, decisions about their treatment and life-prolonging care will be made by their spouse or by the doctors. What happens if you die without a will?If a person dies without a will, their property is distributed by the state. Assets are split between the surviving spouse and all children. If there is no living spouse or children, the property is distributed to grandchildren, parents, brothers and sisters, grandparents, or any relatives of your deceased spouse. If no such people are found, the property is assigned to the state of legal residence. A living will should designate a health care agent, who will help organize your medical care if you are unable to do so. It should also say what treatments you might wish or not wish. For example, do you only want treatment if a cure is possible? Di you want palliative care to ease pain and discomfort while terminally ill? You should also specify whether you would want to resuscitated if your heart stops beating, if you want mechanical ventilation, and if and how long you would want nutritional and hydration assistance. You can also say if you wish to be an organ donor. These things should be written down, and may need to be signed by a notary. Copies must go to your doctor, your health care agent, and your family members. The formats of wills vary from state to state, but they typically contain certain core information, and must be signed by two witnesses in your presence. A will must have your name and address and a statement revoking any previous wills. It must name an executor to deal with your estate, along with their names and addresses, and a residuary clause, which sets out how property not dealt with in the will should be distributed. It should be dated and signed. Living Will AttorneyWhen you need legal help with a living will in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Foreclosure Lawyer Woods Cross Utah Personal Representative Of The Estate Vacation And Sick Leave In Your Business The post Utah Living Wills first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-living-wills/ Neither party to a divorce proceeding which dissolves their marriage by decree may marry any person other than the spouse from whom the divorce was granted until it becomes absolute. If an appeal is taken, the divorce is not absolute until after the court sign’s the decree. Remarriage and Alimony in UtahWhen a couple divorce in Utah, the court may order one spouse to provide the other with financial support, called alimony. When the spouse receiving alimony (the supported spouse) remarries or begins living with someone else, however, the paying spouse will usually want to stop making alimony payments. Overview of Alimony in UtahUtah courts may order one spouse to pay the other alimony after a divorce, taking into account the specific circumstances of each marriage. The court may order alimony to be made in the form of a lump-sum payment, a transfer of property, or the most common type of alimony, periodic payments made until a certain date or until some event occurs. Utah judges will consider any or all of the following factors when determining alimony: Impact of Remarriage on Alimony in UtahUtah law provides that alimony ends when a supported spouse remarries, unless the divorce decree states otherwise. Sometimes, in long marriages, a divorcing couple will agree that one spouse will pay the other alimony for life regardless of whether the supported spouse remarries, but in most cases, alimony ends upon the supported spouse’s remarriage. When the supported spouse remarries, alimony ends automatically; the paying spouse does not need to file a motion or return to court for an order terminating alimony. The paying spouse can stop making alimony payments on the date the supported spouse gets remarried. If the paying spouse owed past due alimony at the time the supported spouse remarries, the paying spouse must still make those payments. Also, if the paying spouse was ordered to make a lump-sum payment or a transfer or property as alimony, he or she must still make that payment or property transfer, even if the other spouse is remarried. Termination or Modification of Alimony In UtahUtah law allows courts to modify or end alimony at any time if there has been a substantial change in the circumstances of either spouse after the divorce. Utah courts usually won’t consider the remarriage of the paying spouse to be a “substantial change in circumstances” for the purposes of modifying alimony. If the supported spouse has a significant increase in income or a decrease in financial needs, however, the court may reduce or end alimony payments. If you want to modify or end alimony payments in your case, you should file a motion of terminate or modify alimony in your county state court clerk’s office. The court will schedule a hearing where both you and your ex-spouse will have to appear. You should bring any evidence of the changed circumstances that support your request to change or end alimony payments. If you and your ex-spouse agree to modify alimony before the court date, you should put your agreement in writing, sign it, and submit it to the court for approval. Impact of Cohabitation on Alimony in UtahIn Utah, all court orders for one spouse to pay the other alimony end when the supported spouse begins cohabiting with another person. Cohabitation is when two individuals live together in a romantic relationship while not married. If you are paying alimony to your ex-spouse, and he or she begins living with another person in a romantic relationship, you’ll need to file a motion to terminate alimony with the court clerk’s office. Gather any evidence of your ex-spouse’s cohabitation to show the court (for example, photos or other proof that both individuals spend most nights at the same residence). If the judge believes you have proven that your ex-spouse is cohabiting with another person, he or she can end alimony retroactive to the date you filed your motion. Remarriage and Child Support in UtahThe Utah legislature has established child support guidelines, which the courts use to determine a fair child support award. Since both parents have an obligation to support their children, a court considers the parents’ combined adjusted gross income in calculating the total support award. It then divides this figure proportionately between them, based on their individual incomes. The court also establishes responsibility for such things as the child’s medical expenses, and work-related childcare costs. A Court Can Deviate From the GuidelinesThere’s a rebuttable presumption that a guidelines support award is correct. The fact that the presumption is rebuttable means that using the guidelines might unjust, inappropriate, or not in the child’s best interest in certain situations. It’s up to the court to decide whether to deviate from the guidelines. In making its decision, the court will look at a number of items, including, among others: Courts Can Modify Child SupportIf you want to adjust child support, you can request a modification. There are many reasons you may need to modify a support amount, however, generally speaking, you must prove to the court that there’s been a substantial change in circumstances. For example, a material change in the children’s medical needs may be sufficient in certain instances. It all depends on the facts of your particular case. Remarriage May Be a Reason for Altering Child SupportUnder what is known as common law, remarriage alone wasn’t a valid basis for changing a child support award. Interestingly, there’s a Utah case from 1951, in which the decision seems to imply that a court can consider remarriage in a modification request. In that case, the court appears to base its reasoning on a man’s obligation to support his wife. Although that thinking may be a bit dated today, there definitely are potential aspects of remarriage that could impact child support in Utah. A New Child Could Provide Grounds for ModificationThere was a time when a new child wouldn’t impact an existing child support order. The thinking was that your primary obligation was to the children from your previous relationship. But that theory has gradually changed over time, and now many states, including Utah, acknowledge that a parent’s income should benefit all of his or her children. Under Utah law, a parent’s duty to support new children is something a court should look at to determine whether there’s been a substantial change in circumstances. Additionally, a Utah case says that it’s proper for a court to take into account a parent’s obligation to a “new family” when reviewing a child support modification application. Be clear, however, that supporting a new child doesn’t relieve you of your obligations to your children from a prior relationship. But having a new child is a legitimate argument to make when seeking a support modification. What Can Happen to Me if I Remarry Before Getting a Divorce?If you remarry another person before your divorce to your current spouse is final, this is considered bigamy. Committing bigamy in the United States is against the law in every state, and those who engage in it can be subject to both criminal and civil penalties. Civil law treats this concept somewhat differently than criminal law. Because your second marriage is illegal, it is considered void because it legally cannot exist. A void marriage can be annulled in every state. The Basics of BigamyBigamy occurs when one person is married to two people legally simultaneously. It can be intentional, where a married person intentionally enters into a second marriage with someone else. Or it can be unintentional, in the case of an attempted divorce that was never legally finalized. It is important to note that, if you are married to two people, and one or both of them know that you are engaging in bigamy but fail to take steps to end the marriage, and then they are also legally liable. There are a couple of defenses against bigamy, such as if a previous spouse’s whereabouts have been unknown for a substantial period of time and it is reasonable to believe they may have passed away. Or if there was a good faith effort to file for dissolution of marriage but the party representing your spouse did not follow through and file the paperwork. Criminal Penalties for BigamyEach state has its own laws and penalties for dealing with bigamy. Criminal penalties can include jail time ranging from months to years, or fines ranging from hundreds to thousands of dollars. Bigamy is currently a third-degree felony in Utah, punishable by up to five years in prison and up to a $5,000 fine. A new bill would change it to an infraction. New legislation introduced in the Senate would change the offense of bigamy, when two people marry while at least one of them is already legally married, from a felony to an infraction. Making it an infraction would put it on par with getting a traffic ticket. If your spouse was aware of your other marriage, they can also face those same charges. Spouses who knowingly maintain a bigamous marriage may receive a somewhat lighter penalty. Polygamy has been practiced in Utah by certain religious groups since before it became a state and continues to persist to this day. Though the practice has long been illegal under state and federal law, the Utah attorney general’s office has declined to prosecute the offense of bigamy except when it’s committed along with other crimes. Bigamy in Civil CourtA bigamous marriage is considered “void” in most states. A void marriage is one that was never legal in the first place, so it qualifies for an annulment. An annulment essentially cancels a marriage and declares that it never technically existed in the first place. In order to annul a void marriage, you or your second spouse must petition the court for an annulment and prove one of the specific grounds that establish your marriage is void. In the case of bigamy, proof that your first marriage was valid at the time of your second marriage would be sufficient. Once you have annulled your second marriage, it is unlikely you would risk criminal prosecution. If you want to remarry but are unsure of whether you are still legally married to someone else, it is a good idea to be certain before moving forward with the subsequent marriage or else you risk certain penalties depending on your state. Utah Divorce AttorneyWhen you need legal help with a Utah 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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Avoiding Conflicts Of Interests In Foreclosures Do You Need To Report Child Abuse? The post Utah Divorce Code 30-3-8 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-divorce-code-30-3-8/ Woods Cross lies near the bottom of the Great Salt Lake Basin, approximately eight miles north of Salt Lake City. It was officially chartered in 1935 by the owners of the Reservoir and Pipeline Company who pooled their Mill Creek water shares and transferred their capital stock and assets to the new city board of trustees. Woods Cross was originally an unincorporated area extending from the southern boundary of Centerville south to the Salt Lake County line and including the areas and communities of Val Verda, Orchard, North Salt Lake, West Bountiful, among others. In 1847, after the initial Mormon settlement of the Salt Lake Valley, Peregrine Sessions went north to locate pasture lands. He selected a spot near Cudahy Lane, where he spent the winter with is family watching over the herds. The next year, 1848, other settlers arrived and built cellars and dugouts along and near the banks of the Jordan River. The historical development of Woods Cross is directly linked to water. Pioneer settlers in 1848 selected the area’s rich bottom lands to establish their farms generations of fertile silt deposits from the overflowing channels of Mill Creek created some of the best farm land in the state. The mountain watersheds east of Woods Cross retained rain and melting snows until saturation sent runoff water into the boggy meadows and sloughs of the bottoms. Here some of the water was trapped and absorbed into underground aquifers preserving fresh water along the eastern edge of the Great Salt Lake. Among the early settlers of the area was Daniel Wood, for whom Woods Cross is named. By 1855 he was the wealthiest man in Woods Cross with land, houses, and personal possessions worth nearly $14,000. He built a school in 1854, a church in 1863 and in 1869 gave the lower portion of his rich farm gratis for a railroad depot and crossing–called Woods Crossing, and then shortened to Woods Cross. Another prominent early settler was Ira S. Hatch. The Hatch family played an important role in the establishment and operation of several brickyards in Woods Cross. Descendants of Ira S. Hatch and his three wives were well represented among the ninety-five original shareholders of the Deseret Livestock Company which was organized in 1891 by Woods Cross sheep men. It remained a Woods Cross company until 1933, at which time much of the stock was sold to Henry D. Moyle and his brothers and the offices of the company were transferred to Salt Lake City and the company’s mercantile store in Woods Cross was closed. As the watersheds in Bountiful were cleared to build homes and the sloughs along the Jordan were drained for commercial and industrial development, runoff had no place to go. Woods Cross townspeople struggled to control and utilize this water effectively. They built wooden troughs and ditches along the foothills to channel the water where they wanted it to go and they installed drains in the bottoms to carry the excess to the lake. They also built holding ponds and underground cisterns to save the runoff until the residents had a need for it. Not until a federally funded water project in the 1980s built concrete containing walls, collecting basins, and lined ditches carry the overflow to the Great Salt Lake did the city’s surface water problems disappear. The Lower Ditch of the Mill Creek water system was eventually replaced by the Lower Bonneville Canal. The canal impoverished the city at the same time that it provided an adequate and consistent water supply for the first time. The Bonneville project cost over $1,000,000 — a staggering sum which local farmers could hardly pay by themselves. Almost every tract of land in Woods Cross was mortgaged to meet the bonds and in danger of reversion to the state for tax debts. When those bonds were finally retired in 1946-47, the bondholders had lost over 80 percent of their original investment. County Commissioner Calvin Rampton, later Governor of Utah, took the desperate condition of the people to the United States Senate. County remedies to reduce the past-due monies were not enough. Without government relief the people faced relocation and the city continuous litigation. Low-interest aid was granted, the bonds were cleared. By 1970, Woods Cross had become the third fastest growing city in the state of Utah, reaching a population of 3,124–up from 1,098 in 1960. The population continued to grow at a rate of more than a thousand a decade, reaching 5,384 residents in 1990. The unprecedented growth alarmed the city. With support from local residents, city officials preserved their hard won water resources by keeping town boundaries tight. Woods Cross allowed more aggressive towns like Bountiful and North Salt Lake to annex shopping centers and industrial parks and to supply them with water. Woods Cross and its population are visibly committed to their “rural way of life.” The LDS chapel, the park, and the city hall form the hub of the town. Small local businesses and limited heavy industry ring the city. Subdivision housing separates the two. Local residents (60 percent) told interviewers they preferred the rural life-style and less complicated life of Woods Cross to city life in Salt Lake City or Bountiful. Many new residents have selected Woods Cross as a place to raise their families. High-density housing and industrial complexes have consistently been defeated when proposed as developments for the city. Recent state and federal matching grants have enabled Woods Cross to mark its boundaries and welcome newcomers with evergreens and flowers. This carefully controlled growth keeps over-crowding, high crime rates, traffic congestion, homeless transients, and bitter inter-city squabbles to a minimum. “Let’s make every effort to keep our life-style” is and has been the political focus of both city officials and local residents. How to Stop or Postpone a Foreclosure Sale DateMany homeowners believe once they’ve received a letter saying their home is being foreclosed on, all hope is lost and they have no option to turn it around. Some people even make an effort to move out once the letter arrives because the foreclosure sale date has already been set. All it takes is to know how to postpone a foreclosure sale date to stop foreclosure. Some folks are not aware of the fact that home foreclosure can actually be stopped or postponed. Experienced foreclosure attorneys know how to stop a foreclosure sale date and even postpone a foreclosure sale date if that works better for your life situation. How to Stop Foreclosure Sale DateWhen looking to stop a foreclosure sale date, the first course of action is to remain calm and realize there are many options available. Options that can Postpone a Foreclosure Sale DateMake sure you ask for a Postponement. This is a logical step to getting your sale date postponed. Call your mortgage company and ask them to postpone the sale date. Then make sure to keep in touch with them so the lines of communication remain open. Many mortgage companies have websites that include assistance pages for those facing foreclosure. Visit these and see what steps are available for you with your particular mortgage company. It’s true that some mortgage holders are very cold and indifferent, but it’s also true that many of them are not. The smart ones understand how important ‘word of mouth’ advertising can be, and how effect compassionately helping out their customers is for earning trust and gaining future customers. Filing BankruptcyA Chapter 7 bankruptcy and Chapter 13 bankruptcy (one in which you are looking to discharge, as opposed to restructuring, debt) may buy you some time, but eventually, the foreclosure process will continue. Chapter 7 bankruptcy, seeks to discharge all debt. A Chapter 13 bankruptcy (BK-13), by contrast, seeks to establish a manageable debt repayment plan. Once a BK-13 has been filed, the foreclosure process automatically stops — immediately. Under a BK-13 plan, the homeowner must continue to make monthly mortgage payments to the lender, while paying any past due amounts to a court-appointed bankruptcy trustee. LitigationIf you choose to sue your lender, a judge may grant you a preliminary injunction. This will prevent the lender from foreclosing on your property while the lawsuit is ongoing. Should you fail to win, however, the foreclosure process will continue. Short SaleIf you owe more on your property than the current value of the property, a short sale may be an option. In a short sale, the lender agrees to take possession of the property and, in exchange, forgives all additional mortgage balances owed on the property. The borrower must be able to prove that they cannot afford to repay any additional loan balance. While a short sale is being negotiated, the foreclosure process will be postponed. How long does bankruptcy stop foreclosure?Bankruptcy and foreclosure are often linked because bankruptcy is somewhat famous as a foreclosure stopper. How long does bankruptcy prevent foreclosure?That will depend on whether you file for Chapter 7 or Chapter 13 bankruptcy, whether you are able to maintain normal monthly mortgage payments, and how aggressive your lender chooses to be in pursuing the foreclosure sale. Chapter 7 Bankruptcy and Foreclosure: How it WorksChapter 7 bankruptcy is a faster process than Chapter 13 bankruptcy. Most Chapter 7 cases are open and shut within a six-month window. When you file bankruptcy (7 or 13), a court-ordered injunction, known as the automatic stay, prevents the bank from foreclosing on your home. This is true even if you file bankruptcy the day before the foreclosure sale is set to take place. Do I need to file bankruptcy because of foreclosure?
Utah Foreclosure AttorneyWhen you need legal help with a Foreclosure, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Penalties For Violating Federal Employment Tax Rules The post Foreclosure Lawyer Woods Cross Utah first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-woods-cross-utah/ In order for property to qualify as a piece of multifamily real estate, it must contain more than one, entirely separate, unit of housing. Multifamily properties may be contained within one building, or one complex of buildings, most commonly in the form of an apartment building. Although investors might automatically count out multifamily properties due to how expensive they can be, they are actually much easier to finance relative to single-family units. Because investing in multifamily properties tends to generate a more consistent, positive cash flow, banks are much more likely to approve a loan. In addition, the risk of a vacancy is spread across multiple units, instead of just one. Those who acquire a multifamily real estate investment enjoy being able to build up a large portfolio quickly. For example, an investor can who acquires in one apartment complex can add 10 units to their portfolio at once, rather than slowly purchasing 10 individual properties over time. Finally, owning a multifamily property helps to justify the financial expenditure of hiring a property management company, rather than having to manage a property yourself. Apartment Buildings & CondosRepresenting the most common types of multifamily real estate listings, multifamily apartments and condos both have multiple units. One would often encounter buildings with multiple stories, with multiple units on each floor. Generally, the difference between apartments and condos is ownership. Apartment units are most often rented out by the owner, while condominium units are individually owned by residents. Townhouses & DuplexesA townhouse might be thought of as a multifamily property that most closely resembles a single-family property. Townhouses often have more than one floor and its own private entrance, but will share a wall with another townhouse. Duplexes are simply one building that has been divided into two separate units. The units within a duplex will each have their own private entrance, and will not share a common area. Duplexes are often larger houses that have been split and repurposed into two units, and are often found in residential neighborhoods. Triplexes & QuadruplexesSimilar to duplexes, triplexes and quadruplexes are a single property that has been split up into multiple units that are exclusive of each other. As one may guess, triplexes contain three units, while quadruplexes contain four. Quadruplexes are also called quadplexes or fourplexes. Mixed Use BuildingsMixed-use buildings serve more than one purpose, which could include residential, commercial, cultural, institutional or industrial. Often found in urban areas, one might expect to find a mixed-use building featuring commercial businesses on the first floor and residences on the upper floors. You may also see a mixed-use building owned by an education institution, containing student apartments and classrooms or theaters within the property. Investing In Multifamily Properties• Conduct a preliminary deal analysis: You’ll want to learn how to run a quick deal analysis to help you filter through the different multifamily real estate for sale. You’ll want to gather information such as the listing price, number of units, rental price for each unit, and the location. From this information, you can come up with a rough estimate of your annual expenses, mortgage payments, and cash flow before showing more interest in a property. • Estimate any repairs that will be needed: While walking through the property, be sure to make a list of repairs that you were able to identify visually. Although a formal inspection will come later, this step will help you come up with a better estimate of repair costs for your deeper financial analysis. Investing In Multifamily Real Estate• Consider living in one of the units: Owner-occupied financing options become available for investors who plan to occupy a unit in a multifamily property, with a maximum of four units. Investors who do not plan to occupy their investment property are often required to make a 20 percent down payment, but terms become more favorable for owner-occupied scenarios. • Ask for historical records and documents: Reach out to the property’s current owner or property manager and request for current and previous records, such as income statements, expense sheets, and the current rent roll. You can also ask for a copy of the current lease, and inquire about any vacancies. All this detailed information can help you run a deeper financial analysis. Tips On How To Sell Your Multifamily Property• Review leases, occupancy and tenant rights. When thinking about different ways to help sell your multifamily property, the best strategy is to place yourself into the shoes of a prospective buyer as much as possible. First, make sure to review your current leases, occupancy and tenant rights to help you avoid getting into any trouble when selling the property to a new owner. Next, recall how important property specifications were to you in your deal analysis process. When marketing your property, make sure to report specifications as accurately as possible to help prospective buyers with their deal analysis process. You will also want to spruce up the physical appeal of the property. You can boost curb appeal with a new coat of paint and tending to landscaping. You can also clean up and update common areas, to help improve first impressions. This also applies to any parking areas, which can be approved by making sure parking spots are clearly painted and pavement is resealed if necessary. Next, comb through your property and make sure all doors, locks and windows are functioning property, to help demonstrate that the property has been well-maintained. Once you have addressed the physical aspects of your property, you can now focus on collecting and preparing important records and documents. Serious buyers will likely ask for copies of leases, income and expense reports, your current rent roll, and other important documents. Having all of these records ready will make your life much easier. You may also want to consider completing a general home inspection prior to listing your property. This process will help you identify and address any issues in advance that may be off-putting to prospective buyers. Finally, you may want to give careful consideration to working with an agent who is experienced in selling multifamily properties. Then can help you effectively market the property through the use of social media and websites, as well as handling showings. Investing in multifamily real estate may seem like a large, complex undertaking, but to the contrary, it can be quite achievable. Not only do you have better access to conventional financing in some cases, the financial structure of multifamily properties even helps to justify hiring a property management company. This, in turn, can help free up a significant chunk of your time so that you may pursue other investing opportunities. Those who have never considered investing in multifamily real estate before will hopefully take away some of its notable benefits. Real Estate Investing: What You Should KnowIt all looks so easy on HGTV: A couple buys a house, does a complete makeover, and sells it for a tidy profit. Sometimes things go wrong, but, in the end, everyone is happy. So you might be thinking, “I could do that!” Or you might be looking to make money on rental properties instead. Real estate investing can indeed be profitable, but you need some business savvy, diligence, and a willingness to take risks. Do You Have What It Takes?Despite what you may read in advertisements, real estate investing is not a quick and easy road to riches. If you buy a house to flip, you might make a bundle because of rising home values, or the real estate market could crash as it did in 2009. Or you could uncover toxic mold that turns your rehab into a teardown. If you buy rental property, it will probably increase in value over time, but unexpected repairs or vacancies can wreak havoc with your short-term finances. Be sure you’re ready for the risks, as well as the rewards. Unlike other investments such as stocks, real estate is a physical thing that needs attention. Rehabbing a house or apartment building means doing a lot of physical labor or managing several contractors—or both. People who do it successfully usually have some skills or training in real estate or remodeling or repair. If you own rental property, you’ll have to collect rent and manage the property, or you’ll pay a property manager an 8-10 percent fee to do it for you. When your tenant calls while you’re on vacation to say the toilet is leaking, you must be willing and able to get the problem fixed quickly. Do Your Homework and Set GoalsReal estate is a huge investment, and there’s a lot to know about buying, selling, and managing property. Before you do anything, read books and articles, and/or attend seminars and classes, to get yourself up to speed. Acquaint yourself with the real estate market in the area where you might want to invest. Go to open houses, drive around, talk to local realtors, and look at listings online. Get a good feel for the neighborhoods and what property is typically worth. Your bank account and credit rating matter, so they should be in order before you attempt to buy anything. Mortgages for investment properties usually require a 20-30 percent down payment, and they carry a higher interest rate than loans for your principal residence. Beyond that, decide what you want to get out of your real estate investment. Are you looking for an asset that will grow in value over time? An income stream to supplement your regular income? Do you want to flip houses or be a landlord? What kind of property do you want to invest in—commercial, residential, beach condos? Clarifying your goals will help you identify the right real estate investment. Treat Real Estate Like a Business—and Do the MathSuccess or failure at real estate investing often comes down to the math. Investment real estate should make you money—that’s the point of an investment—so it’s critical to avoid these common mistakes: • Renovations: Some experts advise adding 50 percent to both the estimated renovation costs and the amount of time that will be needed to complete them. Attorney For Multi-Family ApartmentsWhen you need legal help with multi-family apartments in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
The post Multifamily Apartment Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/multifamily-apartment-lawyer/ The benefits of being an attorney depend on several factors; however, seven of the most common benefits of being a lawyer include: The benefits of being an attorney include being able to select from a wide variety of career options in the public and private sector. If your calling is to make the world a safer place for you, your family, and everyone else, you may choose to become a criminal prosecutor. On the other hand, if you believe our criminal justice system is grounded on the principal that everyone is innocent until proven guilty and everyone has the right to competent legal counsel, you may choose to become a public defender. Of course, some people believe this but choose to be a criminal defense attorney in the private sector because private attorneys tend to earn a great deal more than attorneys in the public sector. In addition to criminal defense, you may choose from many areas of law including domestic law, real estate, corporate/business law, bankruptcy law, immigration law, or estate planning. If there is a law that covers a particular subject, you can choose to specialize in that specific area. You can also choose to become a sole proprietor who handles several areas of law for many clients or a corporate in-house attorney working for one client. Among the many benefits of being an attorney, the financial rewards and emotional rewards are at the top of most college-bound students seeking to study law. Lawyers have the opportunity to earn a lucrative income. The average annual income for an attorney in the United States is $114,970 per year as of 2014 according to the U.S. Bureau of Labor. The highest 10% of attorneys earned more than $87,200 per year. Salaries of experienced, specialized attorneys can be much, much higher depending on the field, geographical location, employer, and level of experience. Of course, money is not the only reason why people choose the legal field as their career. The emotional rewards of being an attorney can be even more satisfying than the financial rewards. If you are passionate about your chosen field of law and you believe your top priority is your client, assisting people achieve a positive outcome for their problem is extremely satisfying. An attorney usually sees a person during one of the worst moments of their life; therefore, it can be extremely rewarding to help this person find a successful resolution to their problem. Another one of the many benefits of being an attorney is the mental stimulation an attorney experiences when working through complex legal theories, statutes, and case law to find a solution to a legal question. Most lawyers possess exceptional analytical skills including reading and writing skills. Practicing law allows you to use your mental skills each day in effective ways to solve problems for your clients. Because each case is unique, you must use your full mental capabilities to research, speculate, hypothesize, and formulate legal strategies to effectively solve problems for your clients. Some lawyers never argue a case in a court room or they argue very few cases in court. On the other hand, some trial attorneys are in court almost each week arguing a new case. If you enjoy the challenge of going up against another attorney to argue legal theories and points to prove your allegations are correct, becoming an attorney will give you ample opportunity to argue and debate legal theories and various interpretations of the law. For many, the work environment is one of the benefits specifically considered when choosing a career. Most lawyers work in law firms, government agencies, or corporations where they are afforded an actual office with four walls rather than a cubicle in the middle of a “bull pen” from a cubicle. Being a lawyer typically includes the benefit of having a certain level of prestige that affords you certain benefits that other employees may not receive (i.e. office, ability to set hours, expense accounts, decorating budget, etc.). Benefits of being a lawyer do not stop at “being a lawyer.” The skills you learn in law school and in the early years of your practice easily translate into alternative legal careers. Unpredictable schedules, demanding billable quotas, long hours, and very few days off have been a major complaint of many attorneys. The desire to achieve a better work-life balance has encouraged many firms to work with their employees to provide more flexibility as an attorney. Many law firms are now offering telecommuting, alternative work schedules, tiered pay scales, expanded family leave including maternity and paternity leave, reduced billable hours, and virtual assistants to reduce work load. The benefits of being a lawyer are increasing as law firms and other employers see the value of providing additional flexibly for their employees in increased productivity and efficiency. A freelance lawyer, sometimes called a contract lawyer, is a lawyer who does legal work but isn’t associated with a law firm. Freelance lawyers are independent contractors. They work for themselves in their independent businesses and work through a written agreement. Some freelance lawyers work for businesses, either small businesses or for the legal department of a larger business, or they work for law firms. Other characteristics of freelance lawyers include: • They may work on temporary legal projects or on a continuing basis. The other disadvantage is the opposite one. You don’t know if the lawyer is going to be right for this job. There are many excellent freelancers out there, and you don’t know until you hire the person whether they will work out. Be sure to carefully check work references and resumes. Most freelance lawyers, like other lawyers, work on hourly rates, but it’s also possible to have the person work on a flat fee or retainer basis. The cost varies based on the complexity of the work and the experience of the lawyer. • Make sure your expectations are clear and complete. In legal matters, you don’t want any misunderstandings or assumptions. Advantages and Disadvantages Of Out Of Court SettlementsLegal settlements can occur in a variety of ways, sometimes involving a courtroom and other times not. An out of court settlement essentially means the involved parties choose to avoid taking a case to trial. When this happens, parties, their attorneys, and sometimes a mediator will negotiate a settlement that does not involve a judge or a jury. While preferences of the involved parties are important in making the decision as to whether settling out of court is best, the specifics of a case are also important to keep in mind. An experienced personal injury attorney will also be able to weigh in with recommendations on whether a case would be worth taking to court or not. Many cases are settled out of court once both parties come to a full resolution in their case. Depending on your situation, an out of court settlement may or may not be the best decision. Listed below are pros and cons of settling your case out of court. 84097 LawyersWhen you need legal help with a matter in the 84097 zip code, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Penalties For Violating Federal Employment Tax Rules Can You Be Sued After Your Business Closes? The post 84097 Lawyers first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/84097-lawyers/ A traffic crime is a misdemeanor offense where you could serve jail time. • Hit and Run Traffic ViolationA traffic violation is an offense where the penalty is a fine. Most common traffic crimes in UtahThere is a common misconception that traffic violations aren’t offenses that should be worried about. Many men and women choose to pay the fine, perhaps attending driver’s school later on. However, it’s important to note that paying a fine is a way of indicating guilt. When certain traffic violations carry misdemeanor or felony penalties, you must tread carefully and treat the matter seriously. Get help from a Utah traffic violation lawyer to defend your case and have the charge dismissed. You can do that by contacting us. Our Traffic crime Attorney in Salt Lake City, UT will be ready to help you. In Utah, there are several motor vehicle violations that can carry serious penalties. The information on this website is intended to provide additional insight into Utah’s vehicle laws and procedures. Learn more about traffic violations and penalties in Utah by calling a Salt Lake City, UT traffic violation attorney. The traffic violation lawyer at 801-676-5506. We can help with all kinds of traffic violations, including: Leaving The Scene Of An Accident Some Traffic Offenses Are Very SeriousTraffic offenses like speeding 9 mph over the speed limit are not terribly serious and don’t require an attorney’s representation. Other offenses including anything that is not an infraction can carry with them very serious consequences such as jail time. We have seen many people who were not represented by an attorney go to jail for offenses like driving without insurance. It is important to protect yourself if you are facing charges for a traffic crime. The Point System for Traffic Offenses in UtahA conviction can result in points being added to your driver’s license for certain types of traffic charges including: Reckless Driving PenaltiesReckless driving is a class B misdemeanor in Utah. Convicted motorists face up to six months in jail and a maximum $1,000 in fines. For a first reckless driving conviction, the Driver License Division (DLD) can suspend the driver’s license for up to three months upon the recommendation of the judge. License suspension is mandatory for a second reckless driving violation within a 12-month period. A reckless driving conviction will add 80 demerit points to the motorist’s driving record. Generally, accumulating 200 or more points within a three-year period can lead to license suspension Speed limits in UtahUtah has one of the highest posted speed limits in the United States, at 80 mph. Advantages of an Impaired Driving PleaThere are several advantages to an impaired driving plea. If your license has not already been suspended by Utah’s Driver License Division, it will not get suspended. If your license has been suspended, the Driver License Division will reinstate your driver license before the 120 day suspension [11] is over, but no sooner than 90 days after the date of arrest. [12] And, unlike a DUI, there is no mandatory jail or fine with an impaired driving plea. A class C misdemeanor carries with it up to 90 days in jail and a $750 fine. This is not a unique classification for driving infractions. The same classification is applied to reckless driving and driving without a current license. At present, drivers under the age of 18 can be ticketed for cell phone use but adult drivers can only be ticketed if they are pulled over for a separate non-speeding violation and also happen to be spotted using their phones. Representative Kevin Stratton, strongly opposed the bill as saying “he would prefer to use education to handle cell phone use while driving.” He went on to state that Rep. Patrice Aren’t, D-Millcreek, said, “Maybe we shouldn’t have a bill on ‘drinking and driving’ and let education handle that, too.” Meanwhile, a bill to allow drivers to run a red light (HB151) was passed. This bill allows drivers to pass through a red light, “if they first stop for 90 seconds, determine the light is not cycling properly, and proceed when the coast is clear. The measure is strongly opposed by law enforcement, prosecutors, cities and the Utah Department of Transportation.” Reasons for Suspension or RevocationToo many traffic violations, an alcohol offense, and certain criminal convictions are just some of the reasons that your license may be suspended or revoked in Utah. Utah operates a points-based system for determining when your driver’s license should be suspended. Points are assessed against your license for each traffic violation, and your license may be suspended when you accrue a certain number of points. (Utah Code § 53-3-221(4) (a).) Your driver’s license may be suspended or revoked for alcohol offenses. They include: a conviction for driving under the influence or when your blood alcohol content is greater than .05, and Your license may be suspended or revoked for other reasons as well. Very important for urban planning are data and maps on traffic volumes and noise impact, as here local actions such as speed reduction, green noise barriers and route planning can be more easily adapted Everyone takes these trips, and only rarely considers other times to take them, because they are free. In reality, however, these trips are not free. The congestion they create imposes significant costs on commuters and truckers. The average Utah spends the equivalent of more than three vacation days and an entire tank of gas idling in traffic. These are not hypothetical, but real costs borne by every Utah who labors in traffic. According to the Texas Transportation Institute, Utahans pay $250 million every year due solely to traffic congestion. These costs are on top of, not part of the taxes Utah’s pay to build transportation infrastructure, or their personal transportation purchases of cars, gas, insurance, etc. Utah’s pay these cost because they are “dripped out” over the course of an entire year. If every family had to write an annual check for their per capita portion of Utah’s congestion costs, the pressure to cut the congestion tax would be as strong as it is to cut property taxes Traffic congestion comes from a disconnect between the number of people who want to drive on a road at certain times of the day, and the capacity of that road. With most goods, providers offer more of a good when individuals want more of that good. Given our current transportation policy, however, that disconnect is built in. Moreover, a freeway’s throughput, or the number of cars per lane per hour, decreases dramatically once speeds dip below 45 mph. 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
4.9 stars – based on 67 reviews
Can I Lie About Being An Accredited Investor? Electronic Signatures On Contracts The post Traffic Related Crimes Defense first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/traffic-related-crimes-defense/ As an employer, it’s your responsibility to withhold, deposit, report, and pay federal employment taxes for your employees. Generally, the federal employment tax is made up of federal income tax; the Federal Insurance Contributions Act (FICA), also known as the Social Security and Medicare tax); and the Federal Unemployment Tax Act (FUTA), which is the unemployment tax. It might be hard to believe that failing to withhold, deposit, report, or pay these taxes can result in harsh penalties including potential criminal liability, huge fines, and possible jail time. Here’s a list of potential penalties your business could suffer if you fail to follow federal tax laws. 4. If the IRS sends you a notice stating that you owe federal employment taxes and you pay the deposit directly to the IRS within ten days of the notice, you’ll be charged a 10 percent penalty. 9. If you don’t withhold income and FICA taxes as you are required to do, or if you withhold the taxes but don’t pay them to the IRS, the IRS is authorized to penalize you up to 100 percent of the taxes owing. 14. If you are the person responsible for withholding, collecting, accounting for, and paying the federal employment taxes and you willfully sign or submit a document that you know contains false statements, you are guilty of a felony and could face a financial penalty and imprisonment for years. Utah Business AttorneyWhen you need legal help from a Utah 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
4.9 stars – based on 67 reviews
Top Attorneys In Utah Taylorsville The post Penalties For Violating Federal Employment Tax Rules first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/penalties-for-violating-federal-employment-tax-rules/ Ogden is a city and the county seat of Weber County, Utah, United States, approximately 10 miles (16 km) east of the Great Salt Lake and 40 miles (64 km) north of Salt Lake City. The population was 87,325 in 2018, according to the US Census Bureau, making it Utah’s 7th largest city. The city served as a major railway hub through much of its history, and still handles a great deal of freight rail traffic which makes it a convenient location for manufacturing and commerce. Ogden is also known for its many historic buildings, proximity to the Wasatch Mountains, and as the location of Weber State University. Ogden is a principal city of the Ogden–Clearfield, Utah Metropolitan Statistical Area (MSA), which includes all of Weber, Morgan, Davis, and Box Elder counties. The 2010 Census placed the Metro population at 597,159. In 2010, Forbes rated the Ogden-Clearfield MSA as the 6th best place to raise a family. Ogden has had a sister city relationship to Hof (Germany) since 1954. Phases of a ForeclosureA payment default occurs when a borrower has missed at least one mortgage payment. The lender will send a missed payment notice indicating that they have not yet received that month’s payment. Typically, mortgage payments are due on the first day of each month, and many lenders offer a grace period until the 15th of the month. After that, the lender may charge a late payment fee and send the missed payment notice. After two payments are missed, the lender may send a demand letter. This is more serious than a missed payment notice; however, at this point, the lender may be still willing to work with the borrower to make arrangements for catching up on payments. The borrower would normally have to remit the late payments within 30 days of receiving the letter. Notice of Default (NOD)A notice of default is sent after 90 days of missed payments. In some states, the notice is placed prominently on the home. At this point, the loan will be handed over to the lender’s foreclosure department in the same county where the property is located. The borrower is informed that the notice will be recorded. The lender will typically give the borrower another 90 days to settle the payments and reinstate the loan. This is referred to as the reinstatement period. Notice of Trustee’s SaleIf the loan has not been made up to date within the 90 days following the notice of default, then a notice of trustee’s sale will be recorded in the county where the property is located. The lender must also publish a notice in the local newspaper for three weeks indicating that the property will be available at public auction. All owners’ names will be printed in the notice and in the newspaper, along with a legal description of the property, the property address, and when and where the sale will take place. Trustee’s SaleThe property is placed for public auction and will be awarded to the highest bidder who meets all of the necessary requirements. The lender (or firm representing the lender) will calculate an opening bid based on the value of the outstanding loan, any liens, any unpaid taxes, and any costs associated with the sale. When a foreclosed property is purchased it is up to the buyer how long the previous owners may stay in their former home. Once the highest bidder has been confirmed and the sale is completed, a trustee’s deed upon sale will be provided to the winning bidder. The property is then owned by the purchaser, who is entitled to immediate possession. Real Estate Owned (REO)If the property is not sold during the public auction, the lender will become the owner and will attempt to sell the property on their own, through a broker or with the assistance of a real estate owned asset manager. These properties are often referred to as “bank-owned” and the lender may remove some of the liens and other expenses in an attempt to make the property more attractive. EvictionThe borrower can often stay in the home until it has sold either through a public auction or later as REO property. At this point, an eviction notice is sent demanding that any persons vacate the premises immediately. Several days may be provided to allow the occupants sufficient time to remove any personal belongings, and then typically the local sheriff will visit the property and remove the people, and any remaining belongings. Any belongings may be placed in storage and can be retrieved at a later date for a fee. Court Records for Foreclosure PropertiesThe court records for a foreclosed property document the details of the legal action taken by the lender against a borrower who is behind on his mortgage. Records for a foreclosure are reviewed after the home is sold at public auction if any legal questions arise about the merit of the foreclosure or the lender’s failure to follow the procedures dictated by state law. Summons and ComplaintThe lender will notify the delinquent borrower of the court action to foreclose the property using a summons and complaint, and this document is entered in the court records for the case. A summons and complaint is the lender’s, or plaintiff’s, explanation of the nature and the basis for the legal action to the court and the type of relief requested. The borrower, or defendant, has the right to respond and refute the claims in the summons and complaint within a time frame specified in the papers, such as 15 days. Once the time for an answer from the defendant has expired, or the defendant’s answer was without merit in court, a request from the lender for a order of reference, which appoints a referee, is entered into the records. The referee is a lawyer appointed by the court to oversee and hold the public auction and verify facts relating to the mortgage, such as the total money owed to the lender. The order of reference itself is also a part of the court records once granted by the judge. Affidavits of service from the professionals who served the borrower and any other defendants’ notice of the summons and complaint must also be entered into the court records. Lis PendensA lis pendens is a notice to the public that the borrower’s property is subject to a foreclosure action and is usually filed in the county recorder or clerk’s office with the land records. The lis pendens is also entered into the court records in some states, such as New York. The document itself includes a description of the property, the recording information for the mortgage being foreclosed and a list of people or businesses that have an ownership interest in or claim against the property. Trustee’s Oath and ReportThe trustee’s oath and report is a document the trustee prepares that states she will verify the amount owed on the mortgage in a fair manner and set the public auction. A sworn statement signed by a representative of the lender that details the amount owed by line item must be entered in the case records along with the oath and report. Judgment of Foreclosure and SaleA judgment of foreclosure and sale is the legal document detailing the judge’s ruling on the merits of the foreclosure. The document includes an explanation of the state requirements for the foreclosure being met by the lender and allows the lender to sell the home at public auction in order to recoup some of the money owed on the mortgage. The judge directs publication in local newspapers of the date and time of the auction, as set by the trustee. Once the judgment is signed by the judge, the document is entered in the court records for the foreclosure. Trustee’s Report of SaleA Trusteee’s report of sale is a document prepared by the Trustee after the public auction which documents the results of the auction to the court. The report lists who the new owner of the property is, what amount the home sold for and whether there is a surplus or a shortage of money after the amount the lender is owed is taken into consideration. Search Public Property RecordsWhen you’re looking into buying a home, it pays to try and dig up as much information as you can about the property. This can be helpful when it comes time for you to negotiate a price, in case the seller doesn’t disclose something, either intentionally or unintentionally. Searching property records is a lot of homework, but you can personally find out a wealth of information about a property by a little sleuthing in the public records, and a property record search can turn up valuable data that you can use when putting together a purchase contract. Do not rely on MLS data alone, because it could affect how much you pay to buy a home. Matters of Public RecordProperty record searches can give deeper insight into the reason behind a sell. For example, if you knew the sellers were getting a divorce, you might not offer full price. A divorce-when-selling situation is a red flag that the sellers might take less because they are motivated. Perhaps you would like to know how many times the home has been withdrawn from the market and put back as a new listing. You can find out how long the seller has owned the home, how much is owed (to determine a short sale), whether improvements have been made without a permit and whether the home is in foreclosure, among other pertinent facts. Property Search in Public RecordsEvery city has a place where the public can go to search for information on a property. Property records are maintained at the county courthouse, county recorder, city hall, or another city or county department. Many public offices are staffed by knowledgeable personnel ready to help you find property deeds and encumbrances. You can check federal court records to find out if a seller has filed for bankruptcy or involved in litigation. You can also visit a local county recorder’s office and search by government records right on site. Usually, there is a person available to assist. Once you find the owner of record, if you don’t have an address or the person has moved, you can order reports online to find that missing person. These companies charge a fee, but you can conduct searches at your public library for free. How to Obtain Foreclosure DocumentsDocuments seeking a foreclosure on a property contain important information about the reason for the foreclosure, the money owed and the time frame for foreclosure. If your property is being foreclosed upon, having all relevant information about the foreclosure can help you fight it. If a property has already been foreclosed, most documents associated with the foreclosure become public records available for public viewing. Contact in writing the bank that owns the mortgage and request all documents associated with the foreclosure. Mortgages often are transferred from bank to bank, so if your mortgage has been assigned to a new company, you might need to contact all previous mortgage holders to get all documentation. Send a public records request to the Office of the Assessor-Recorder in the county or city in which you reside. This office maintains public property records, and will have access to all publicly available foreclosure documents. States such as California have freedom of information laws that allow citizens access to all public records. Your request should state the specific records you wish. For example, request, “All property records and all foreclosure documents associated with the property at x address.” You might have to pay a copying fee for the records. File a civil action demanding release of the records if you are denied access to the records or the records are incomplete. According to the Office of the Assessor-Recorder, banks routinely lose records and might even foreclose on properties that should not be foreclosed upon. You can file a complaint in the county in which you requested the records or where the property is located. It is wise to hire an attorney for this process. You might be able to recover attorney’s fees. Utah Foreclosure AttorneyWhen you need legal help with a foreclosure in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Divorce Takes Longer Than Temporary Orders Don’t Get On Facebook During Divorce The post Foreclosure Lawyer Ogden Utah first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer-ogden-utah/ |
ABOUT USDivorce Lawyer in Orem, Utah. If you need divorce and bankruptcy lawyer, child custody, adoption or family law attorney who does child custody, father’s rights, divorces and family law that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation for divorce in Orem, Utah can be tough, so you need a smart divorce lawyer who can help you today. Call 801-676-5506 for the top divorce and bankruptcy attorney in Orem, Utah now. Archives
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