You should have a trust fund. A trust holds assets, such as cash or property that are intended to provide benefit to an individual, group or organization. Trusts generally involve the following three members: (1) Grantor: This is the person(s) who established the trust and puts the money, stock, private business or other property into the trust. (2) Beneficiary: This is the person(s), group or organization that is intended to benefit from the trust. They do not own the trust property, but have the right to receive the benefit of the property as the trust allows. For example, a grandchild can receive distributions to pay for college. (3) Trustee: The trustee is responsible for managing the property owned by the trust. Think of trustees as the corporate officers. A trustee can be an individual or an organization, such as a bank or a law firm. Types of Trust FundsA trust fund can be categorized based on when it is created (living trust), if it can be modified (revocable trust), and the specific purpose of the trust (charitable remainder trust). Your state’s laws govern the types of trusts that are permitted, how trusts are created, as well as how trusts operate. These are the types of trust funds that you can set up with the help of an estate planning lawyer. Irrevocable Trust: As the name suggests, once these trusts are created they generally can’t be changed. This form of trust is used by individuals concerned about estate taxes, or wanting to protect assets from future creditors. Revocable Trust: Also known as a living trust, this is a type of trust where the grantor places assets during their lifetime, which are then transferred to beneficiaries at the grantor’s death. Revocable trusts provide a quick way to distribute your assets outside of probate. Charitable Remainder Trust: This is designed to distribute assets to a specified charity at the end of the trust. Benefits include immediate tax credits to the donor/grantor and a fixed-percentage amount of income to the donor during the life of the trust. Why You Must Fund Your TrustFunding your trust is the process of transferring your assets into your trust’s name. You must fund your trust for it to have any power. If the property or funds aren’t properly transferred, the trust is useless after you die. The trust assets will go to probate to be distributed under your will or the intestate succession laws of your state. A “pour over will” can be used to fund your trust after you die. The will “catches” any forgotten asset and sends it to your trust. The assets may still go through probate first and be exposed to creditor claims, but then it can be distributed according to the instructions in your trust. Why You Need a Trust Fund
Trust Fund Lawyer Free ConsultationWhen you need a trust fund attorney, 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
Utah Uncontested Divorce Process How Often Can You File Bankruptcy? via Michael Anderson https://www.ascentlawfirm.com/trust-fund-law/
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The U.S. Supreme Court has held that both blood and urine collection are minimally intrusive procedures which are not harmful to job applicants or employees when they are conducted in the context of an employment environment (such as where applicants or employees are required to go to a doctor’s office to provide a sample) without direct observation by the tester. In other words, it may be an invasion of privacy for an employer to require a job applicant to provide a urine sample while other people are in the room watching. However, if there are concerns that an applicant will tamper with the sample, the employer may be allowed to have one other person of the same sex as the applicant present when the sample is given. It is vital that you consult with an employment law attorney before instituting any drug/alcohol testing policy for your business. Federal and State LawThe major federal law governing the use of drugs and alcohol in the workplace is the Drug-Free Workplace Act of 1988. This Act basically states that any employer who receives federal grants or contracts must be drug-free, or it risks losing the federal funding. The Act does not, however, contain any provisions that specifically allow for workplace drug testing. Specific federal agencies or departments may also have drug-testing policies in place. For example, the Department of Transportation has regulations that require drug-testing of more than 8 million different employees, such as over-the-road truckers. Don’t Engage in Selective TestingAn employer may face legal difficulties if it chooses to test only certain applicants for a position. In other words, an employer cannot pick and chose (based upon educational experience, demeanor, looks, or any other characteristic) which applicants it will test for drugs or alcohol. The employer must treat all applicants for the same job in a similar manner. Most state statutes also limit the type of testing that may be performed, whether it be through urine, breath, blood, or hair. Note: Hair testing is the newest method of drug testing and can accurately test for drug use within the previous 90 days, according to its proponents. Urine testing, on the other hand, generally only provides accurate results for the previous five-day period. Don’t Drug Test Employees Without Their ConsentIf an employer tests an applicant in a covert manner, without the applicant’s knowledge or consent, the employer can face serious legal difficulties. For example, an employer may not pick up stray pieces of hair that an applicant inadvertently left on a chair during the interview and test them for drugs unless the applicant knows the employer is doing so. If an applicant or employee tests positive for drugs or alcohol, some state statutes allow for the employer to re-test that applicant or employee at the expense of the employee. Under many state laws, an employer is required to exercise discretion in reporting positive test results. For instance, the law might provide that only those individuals who are on a need-to-know-basis should be told of the positive result. The result should not, obviously, be posted on the lunchroom bulletin board. Things to Think AboutEmployers who plan on conducting drug testing should, before the first test is ordered, establish a written policy governing when the testing will take place and how it will be performed. Having this information in place may help resolve any questions that arise in the future as to whether a particular test should be conducted, or whether it was conducted properly. Business Lawyer Free ConsultationWhen you have a business law issue you need help with, 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
via Michael Anderson https://www.ascentlawfirm.com/drug-testing-new-employees/ Patents provide protection for new discoveries and inventions that are useful, novel, or non-obvious. There are three types of patents available for inventions and discoveries: design patents, utility patents, and plant patents. In order to receive patent protection, the patent seeker is required to file an application with the United States Patent and Trademark Office (USPTO). When a person receives patent protection, he or she has the exclusive right to prevent other people from making, selling, or using his or her invention or discovery. Utility Patent LawUtility patents are the most common type of patent. Utility patents are available for useful and new processes, manufactures (goods), compositions of matter (chemical compositions), and machines. Utility patents can also protect new and useful improvements on existing processes or machines. Two types of applications are available for utility patents: provisional and non-provisional applications. A provisional patent application is filed if the applicant would like more time to decide if he or she really wants patent protection and so he or she can determine the specifics of the invention. A provisional patent application is temporary but provides protection while the patent-seeker is figuring out the details of his or her invention. A non-provisional utility patent application is the official application one must file for patent protection. Design Patent LawDesign patents protect the “surface ornamentation” of an object, or the shape or configuration of an object. A person who invents a new and non-obvious ornamental design on an object can file a design patent application. Although the design and object are inseparable, a design patent only protects the appearance of the object. To protect the structural or functional features of an object, a person must also file a utility patent application (as long as the object qualifies for such protection). Plant Patent LawA plant patent can be filed if a person discovers or invents a new and distinct plant. In order to receive a plant patent, the applicant must reproduce the new and distinct plant asexually. Asexual reproduction means that it the plant is reproduced by cutting or grafting the plant, instead of being reproduced by seeds. A plant patent provides the inventor with the exclusive right to use, sell, or asexually reproduce the same plant. Patents are a very technical area of law that can often be complicated for people to understand. Each type of patent application must include very specific information and failure to include all of the necessary elements of a patent application can result in a denial of your application. Not following all of the requirements set forth by the USPTO can also result in your patent not receiving full protection under the patent laws of the U.S. If you have questions about your invention or discovery, or would like help filing a patent application, it’s a good idea to contact an intellectual property lawyer near you. Utah Lawyer Free ConsultationIf you are here, you may need help from an intellectual property lawyer. If so, 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 Keep Animals and File Bankruptcy? via Michael Anderson https://www.ascentlawfirm.com/patent-law/ Some employers may think that the severance pay laws require them to offer severance packages to terminated employees in the form of some money and continuing benefits. However, in many situations, this is an incorrect assumption as the applicable severance pay laws do not often require employers to provide severance packages. Read on to learn more about when severance may is required and what may be included in a severance package. Generally speaking, there are only two situations when an employer is legally required to offer severance pay. First, some states have laws that require employers to offer terminated employees severance pay when their terminations are due to a facility closing or the company is laying off a large number of employees. In these situations (and depending on the state’s laws), employers may be required to give a small amount of severance pay. To find out more about the laws in your state, you should contact the Utah Department of Labor or call our office for more information. There are many employers that often give severance packages to long-term employees that have been with the company for a substantial period of time, even without a legal requirement to do so. In addition to some employers feeling that this is the right thing to do to reward the employee’s loyalty and hard work, it often softens the blow that can come with termination and can discourage a former employee from pursuing a lawsuit against the company. Remember that the happier you can keep employees that have been terminated, the less likely that those former employees will decide to sue your company. Instead, you can also institute a policy that makes the amount of severance pay dependent upon the length of employment. By doing so, you can honor your longtime faithful employees without having to give big payoffs to employees who leave the company after a short employment. Second is insurance. Employee’s heath, life and disability insurance for a period of time. Keep in mind that there is a federal law called COBRA (the Consolidated Omnibus Budget Reconciliation Act) that may require your company (if you provide group health insurance to your employees) to offer terminated employees the opportunity to continue their insurance coverage. However, COBRA does not require the employer to pay the bills. In addition, many states also have laws that deal with the continuation of health care, and a few of these state laws also require employers to pay for the health care for a short period of time. To find out about the laws in your state, you should contact your state’s insurance department. Perhaps a letter of recommendation would make sense. This can be a small but powerful option for you to offer in your severance packages. By agreeing to write letters of recommendation, you have the opportunity to really insulate your company against potential lawsuits. However, providing references and letters of recommendation can have their own risks. When you can, it is always best to sit down with an employee that is going to be terminated and hash out just what it is that he or she is really looking for in a severance package. You may be surprise to find out how little some employees really want. Some things to consider in these conversations are letting the employee keep equipment (cell phones, laptops, printers), getting employees released from non-compete agreements or providing ongoing gym memberships. Severance Pay Lawyer Free ConsultationWhen you need a lawyer regarding severance pay, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/severance-pay-law/ All states, including Utah, have provisions for some form of health care directive, allowing individuals to exert control over their lives and estates in the event they become incapable of making their own health care decisions. The case of Karen Ann Quinlan gave national attention to this conflict. Quinlan, who suffered irreversible brain damage, was sustained for eight years on a respirator until her parents secured permission from a New Jersey court to disconnect life support. After it was disconnected, however, Quinlan did not die but instead lived another 10 years sustained by a feeding tube. In 1977, the year the Quinlans took their daughter’s case to court, California passed the Natural Death Act — essentially the first living will law. Other states followed. In 1990, the U.S. Supreme Court recognized a patient’s right to refuse life-sustaining treatment, including food and water, as long as that wish is expressed in a valid, written document that complies with applicable state law (Cruzan v. Director, MDH). Today, most states have living will statutes, and others allow patients to control, through an advanced health care directive, the care they’ll receive if rendered incompetent. You Need a Living WillA living will is a person’s statement to health care providers dictating the types of life-prolonging treatment he or she would not want to receive if confronted with a life-threatening condition making them incapable of communicating desired medical treatment. The purpose of a living will is to make important health care decisions at a time when a person is still competent to make them. It was created to spare a person who is incompetent and near death any unwanted suffering, medical treatment, and health care expenses. Living Will Lawyer Free ConsultationWhen you need a living will, 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 via Michael Anderson https://www.ascentlawfirm.com/utah-living-will/ It pays to be careful when hiring a contractor at your business. Whether or not a worker is classified as an employee or an independent contractor matters greatly for tax and employment law purposes. Also, keep in mind that government agencies regularly audit companies they think might classify employees as independent contractors when they shouldn’t be. Hiring a contractor in place of a regular employee can be the smart thing to do for your business, though, so here are some guidelines to keep in mind. When deciding whether or not hiring someone as an independent contractor makes sense, it’s helpful to understand how an independent contractor differs from a regular employee. The major difference is the level and type of control the employer has. For an employee, you determine how, when, and where the individual will accomplish a task. Employees are given assignments, space to perform their work, and instructions on how to accomplish their assignment. In essence, you “control” the employee. An independent contractor, on the other hand, is given an assignment; and while you have the right to control the outcome or product, you generally don’t have a say about how he or she goes about completing the assignment. It’s also helpful to see how the Internal Revenue Service (IRS) determines the business relationship between you and whomever you’ve hired. In determining if someone is an employee or independent contractor, the IRS looks at the following things. The IRS first looks at factors that demonstrate how much control an employer exerts over a worker to perform specific tasks that he or she has been hired to do. Generally, an independent contractor isn’t given instructions or training on how to perform the work; isn’t evaluated on his or her job performance. The IRS then looks at factors to determine the extent of an employer’s financial control over a worker. Ideally, an independent contractor has his or her own equipment or facilities. Pays his or her own business or travel expenses. Offers his or her services to the public. Is paid by the job or task. Has opportunity for profit or loss (to contrast, there is no opportunity for profit or loss for hourly paid workers). This may be the IRS standard, but remember, different agencies and even courts and states have different rules and different items that they look at. For this reason you should always speak with a contract lawyer when it comes to these things to make sure you do it right. If you are missing an element, you could lose your whole case. The IRS sees how each side characterizes the other, and how each side sees itself. Typically, an independent contractor isn’t provided with employee benefits, is hired with the expectation that the working relationship will not continue indefinitely. Performs services that are not a part of the employer’s regular business activities. Has signed an Independent Contractor Agreement. This one is key. Make sure there is a written contract. In preparation for a possible future audit, it can be very helpful to have independent contractors fill out a questionnaire. Design your questionnaire in light of the factors discussed above, and keep in mind that your goal is to elicit answers demonstrating the worker is indeed an independent contractor. In addition to the factors discussed above, try to elicit information such as whether the independent contractor has any professional or business licenses; whether the independent contractor has worked as an independent contractor for other employers in the past; how the independent contractor’s business is structured among other things. Once you have established an independent contractor status and have the proper documentation, make sure to sign an independent contractor agreement. Free Consultation with a Utah Business LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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
How Bad Is Bankruptcy For Your Credit? via Michael Anderson https://www.ascentlawfirm.com/hiring-a-contractor/ One of the most frequently asked questions in any divorce or child custody case is how much child support a non-custodial parent should pay. Many parents have found just how difficult this is when they estimate payments using an online child support calculator only to have the judge order a vastly different amount. Below, you will find information about child support calculators and why they may not be as accurate as many parents assume. The Utah Child Support CalculatorIn Utah, there is a child support calculator that you should use to figure out your child support obligation. We use it in our office. This is it: CLICK HERE FOR THE CHILD SUPPORT CALCULATOR Now, you can deviate from the amount that it pops out – but it’s not easy. Every state offers some way for parents to estimate child support payments. This tool may be a downloadable worksheet similar to many tax forms, or it may an online calculator that automatically estimates child support payments based on financial information you provide. A child support calculator will often request information such as the monthly salaries of you and the other parent, the percentage of time the child spends with you versus the amount of time with the other parent, and any other benefits or tax credits you may receive. After you enter this information, the child support calculator estimates how much you or the other parent should owe in monthly child support payments. Many external factors can also affect the ultimate child support determination. Additional expenses such as emergency costs, daycare expenses, private school tuition, specialized healthcare, or other costs aren’t likely to be taken into consideration by a child support calculator. A judge, on the other hand, has the power to incorporate these additional costs into a child support calculation. Additionally, future orders and changed circumstances can modify child support payments, such as when a parent is laid off or a child reaches a certain age. The Child Support Calculator’s Estimate is Too Low or Too High. Can the Other Parent and I Agree on an Amount? Most states allow parents to come up with their own custody plans determining who has what type of custody and the percentage of time the child will spend at each parent’s respective house. Regardless of what the calculator estimates, many parents choose to negotiate a reasonable amount of child support between themselves and incorporate this amount into the plan. However, like the child support calculator estimate, the judge has the discretion to modify this plan if he or she believes the terms are unfair or not in the best interests of the child. Free Consultation with Child Support LawyerIf you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for 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 49 reviews
Wills and Durable Power of Attorney for Health Care Step Parent Adoption Information via Michael Anderson https://www.ascentlawfirm.com/child-support-calculator/ Under the current Utah Code 76-5-503 a victim of a crime can request that they be tested for the HIV infection or AIDS. Making such a request the local health department will obtain a blood specimen and forward that specimen to the Department of Health to be analyzed. As a criminal lawyer this is common for this to be done whenever there is a sexual offense involved. It must be a crime. Not just anyone can request an HIV infection scream at no cost from the Utah state government. Under this code section the costs are paid by the Utah office for victims of crime. This code section also states that if the test comes back negative – meaning that the victim did not obtain HIV or AIDS; then, the local health department will continue testing at intervals of 3 months and 6 months after the sexual offense occurred. This law came into effect in the state of Utah in 2011 as amended. Prior versions have been in 1993 and it was based from the 1953 edition of the Utah Code. In Preparing this article for publication, we discovered that there is no current case law about this Utah code section. What this means is that no lawsuit has ever been brought to challenge the validity of this law and no lawsuit has cited to this law in the appeal courts. The only cross reference we note here is the Office for Victims of Crime in Utah which is located at Utah Code 51-9-404. Utah Code Section 51-9-404 is the statute that authorizes the formation of the Crime Victims Reparations Fund. This is a special fund used to provide assistance to victims of crimes in the State of Utah. The state is authorized to incur surcharges and to use 35% of the monies contributed to this account for Crime Victims, 18.5% of the account for peace officer standards and training or POST and 3% for the Utah Prosecution Council. This section has been altered over the years, as recently as 2014; but commenced in 1989. This section hasn’t had any case law that we could find either. This code sits as it stands with no modifications at this point. Criminal Lawyer Free ConsultationIf you have a criminal case and you need legal help, call Ascent Law for your free consultation at (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
via Michael Anderson https://www.ascentlawfirm.com/victim-hiv-testing/ The Utah Supreme Court has issued a decision in the case of State of Utah v. Cooper John Anthony Van Huizen. The citation for this case is 2019 UT 01. This is a criminal case which was brought up because the judge who sentenced Cooper to prison was married at the time to the Chief Criminal Deputy for the Weber County Attorney’s Office. Copper argued on appeal that this relationships between the deputy and the judge created a conflict of interest and the case history involves the Utah Court of Appeals vacating the juvenile court judge’s decision to bind Cooper over to the District Court when he was a minor to be tried as an adult in the District Court (even though he was still a minor. The Utah Court of Appeals previously struck down Cooper’s conviction because of this conflict of interest. The State appealed the decision of the Court of Appeals and the Utah Supreme Court in its decision in January 2019 reversed the decision of the court of appeals and reinstated Cooper’s prison sentence and conviction primarily due to the fact that there was no automatic conflict of interest. There is a long and lengthy background to this case but one important thing that we can get from this case is that unless there is an actual conflict of interest where one party knew that the other party had a relationship and that it actually affected the outcome and there was no need or obligation by the judge to recuse himself or herself unless that actual knowledge exists. Of course the Utah Supreme Court has found and does now state that if there is an actual conflict of interest; then, the judge is obligated to recuse himself or herself. However, in this instance it is incorrect to automatically assume that you have occurred when the parties did not even know there was an issue and there was nothing actually known or there was no actual inference that any party was negatively affected by the relationship between the judge and the Chief Deputy during this case. The case also addresses that there were 2 other issues such as whether Cooper had ineffective assistance of counsel and whether the juvenile judge misrepresented certain parts of the Serious Youth Offender Act by not considering other factors in his case; however, although the Utah Supreme Court has jurisdiction and the discretion to these issues they declined to do so and they reversed the decision of the court of appeals reinstated Cooper’s conviction and sent the case back to the court of appeals to consider the merits of Cooper’s other claims. So at this point the Utah Court of Appeals must make a decision on the 2 issues argued by Cooper. Appeals Lawyer Free ConsultationIf you have a case that you want to appeal, or if you have a question about appeals law, please give Ascent Law a call for your free consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Credit Card Debt in Bankruptcy Asset Protection for Landlords via Michael Anderson https://www.ascentlawfirm.com/utah-supreme-court-case-january-2019/ Have you ever heard the term preponderance of the evidence? A preponderance of the evidence is something very different than what you see on TV when there is a criminal lawsuit. In a criminal lawsuit you have to prove evidence Beyond A Reasonable Doubt. Makes people think of a very high amount like 95% or more. That is typically where you only want to send someone to jail or convict someone of a crime if you’re pretty darn sure that they did it. A preponderance of the evidence is something much lower. Preponderance of the evidence means that if you are persuaded that it is more truth and not true like 51% or more then you should make a ruling showing that the facts tend to show that the party met their burden. In civil cases (rather different than a criminal case) it is very common to use a preponderance of the evidence standard. If you are involved in a lawsuit or you are planning to sue someone, Then you need to know what level of standard that you need to show in court in order to win. This is not the same thing as weighing the evidence number of witnesses or number of exhibits but it is the judge or a jury giving weight or consideration to a certain piece of evidence which either tends to show and prove your case or tends to show the opposite to disprove your case or claim. In some of the cases that we have taken to trial there is a different standard used such as clear and convincing or Beyond Reasonable Doubt; however, in most cases you are going to be looking at a preponderance of the evidence standard. this means that you have to show or convince the judge or jury that you are more right than the other party. One of the tactics that we use in court is to provide as much evidence and make your case as strong as possible when we present before a judge or jury. It’s not just the evidence alone that makes your case when it is also the law. If a legal issue is not on your side it can make it very difficult to prevail in a lawsuit. this is why you really must have a litigation attorney if you ever decide to go to court. a litigation attorney that is experienced in court trial work and motion work will know how important each legal issue is and each element each cause of action is so that you can prevail in your case. Trial Lawyer Free ConsultationIf you need help from a trial lawyer, 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
How To Determine If a Prenuptial Agreement Is Right For You via Michael Anderson https://www.ascentlawfirm.com/preponderance-of-the-evidence/ |
About MeHave a strong interest in donating wieners for farmers. Have some experience investing in cod in Bethesda, MD. Spent the better part of the 90's deploying Roombas in the aftermarket. Spent a weekend creating marketing channels for jungle gyms for no pay. Spent 2002-2009 building robots in the aftermarket. Spent 2001-2005 supervising the production of salsa in Libya. Archives
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