![]() There are lots of different types of trusts. Trusts are estate-planning tools that can replace or supplement wills, as well as help manage property during life. A trust manages the distribution of a person’s property by transferring its benefits and obligations to different people. There are many reasons to create a trust, making this property distribution technique a popular choice for many people when creating an estate plan. How to Make a TrustThe basics of trust creation are fairly simple. To create a trust, the property owner (called the “trustor,” “grantor,” or “settlor”) transfers legal ownership to a person or institution (called the “trustee”) to manage that property for the benefit of another person (called the “beneficiary”). The trustee often receives compensation for his or her management role. Trusts create a “fiduciary” relationship running from the trustee to the beneficiary, meaning that the trustee must act solely in the best interests of the beneficiary when dealing with the trust property. If a trustee does not live up to this duty, then the trustee is legally accountable to the beneficiary for any damage to his or her interests. Testamentary Trusts and Living Trusts – They are different
What is a Successor Trustee?Although a grantor may name himself as trustee of a living trust during his lifetime, he should name a successor trustee to act when he is disabled or deceased. At the grantor’s death, the successor trustee must distribute the assets of the trust in accordance with the directions in the trust document. In many states, certain people must be notified at the death of the grantor. Trust Lawyer Free ConsultationWhen you need legal help for a trust, 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/trusts/
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![]() Businesses and companies operating in the U.S. must adhere to many levels of federal, state, and local regulations meant to balance the interests of business with those of the public as a whole. This section provides an overview of business regulations and information to help businesses become compliant, including links to important federal regulatory forms, state-specific links to information and contacts pertaining to licenses and permits, and a collection of links to important federal business regulations. Business Compliance LawyerThe United States Department of Labor (DOL) regulates many business activities and “compliance” in a business context frequently refers specifically to the employer’s compliance with DOL regulations regarding to employer/employee relations and workplace conditions. Complying with DOL regulations requires following regulations and laws relating to – Wages & Hours Worked – Benefits: Health, Retirement, and Leave – Hiring Issues – Termination Issues – Equal Opportunity (think also of the EEOC) – Safety and Health In the Workplace (think of OSHA) – Whistleblower and Non-Retaliation Protections – Plant Closings and Layoffs – Unions and Union Members – Posters – Recordkeeping. Business Lawyer Free ConsultationWhen you need help with your business, 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/regulations-for-business/ ![]() Joint tenancy with right of survivorship is one of the most popular ways to arrange estate planning because it covers almost all types of property you can own and typically helps avoids the probate system. By avoiding the probate process, you can save time, money, and any legal hassle for yourself and your loved ones after your death. Read on to learn more about joint tenancy with right of survivorship and how you can avoid probate. What Is Joint Tenancy?Joint tenancy with right of survivorship is a type of property ownership that allows multiple people to share property with equal rights. The “right of survivorship” refers to the right of the surviving joint owner, who will automatically inherit the share of joint tenancy property owned by a deceased joint owner. The majority of states require the share of property to be equal between joint owners. How Can I Create Joint Tenancy?At common law, four unities are required to create joint tenancy with right of survivorship – The Unity of time: The property interests of all joint owners must be conveyed at the same time. The Unity of title: The property interests must be conveyed in the same instrument. The Unity of interest: The property must convey the same interest to the joint owners. The Unity of possession: The property must convey a common right of possession or enjoyment. Avoiding ProbateProbate is a legal process of transferring of property upon a person’s death, which is supervised by a probate court. A probate process requires attending the court regularly to properly follow necessary legal formalities, settle any disputes, pay debts and taxes, and transfer and distribute any remaining property. Although it may seem simple, this process can be time-consuming and costly. Joint Tenancy Lawyer Free ConsultationWhen you need help with a joint tenancy issues or other estate matter, please call Ascent Law for your free estate 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
Does the Utah Anti-Deficiency Law Protect Me? Imputing Income For Divorce in Utah Will a Chapter 13 Plan Look Better On My Credit Report Than Chapter 7? via Michael Anderson https://www.ascentlawfirm.com/joint-tenancy-in-utah/ ![]() Naming a business can be a creative challenge, but it’s worth the time to really explore potential names to maximize trademark protection and ensure that your name helps rather than hurts your business. For one, you want to make sure you’re not using another company’s trademark. Not only will it expose you to legal action, but changing business names can really set you back in terms of getting recognized by customers. And by not trademarking your name, you risk having your brand diluted by other uses of that name. Why You Should Get a TrademarkThe U.S. Patent and Trademark Office (USPTO) defines trademark as a word, phrase, symbol or design, or a combination of words, phrases, symbols or designs, that identifies and distinguishes the source of the goods of one party from those of others. A service mark is the same as a trademark, except that it identifies and distinguishes the source of a service rather than a product. Together, they may be referred to as “marks” generically. How to get Trademark Protection
Choose a Unique NameChoosing a distinctive name that conveys what your business does without using generic terms can be very difficult, so here are a few ideas to get you started. Keep it simple : ideally, you want your name to be as simple as possible, especially if you plan on making a website with the name. You want to create a name that is simple to remember and potentially simple to type as well. Try to avoid making long, complex names and avoid using any easily misspelled words. Make it unique : this is the real challenge for most people when naming their business. You want your name to be unique, because the more unique it is, the more likely you are to receive trademark protection and avoid any potential infringement claims. On the other hand, you want it to relate in some way to your business and to tie in to whatever it is you are offering, which typically involves keywords that are not unique at all. Striking this balance is the essence of finding a good name for your business. Make a list of existing businesses that you respect and see if they seem to have anything in common. Maybe they’re all fanciful names, or maybe they’re all more conservative names – either way it will give you an idea for what kind of name you prefer. Finally, don’t choose anything too trendy, since your business name will still need to sound good in twenty years. Trademark and Business Lawyer Free ConsultationWhen you need legal help, 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
Estate Planning for Blended Families Lien Stripping in Chapter 13 Bankruptcy via Michael Anderson https://www.ascentlawfirm.com/trademarks-and-business-names/ ![]() Settling the affairs of a loved one who has passed on can be difficult. Family members are often left to make important financial decisions on behalf of their deceased relative during this already emotional time. These decisions often involve whether to repay any debts owed by the debtor after death – including credit card debt, student loan debt, mortgage loans, and other financial obligations. Relatives, however, are generally not responsible for paying the debts of the deceased – and creditors are sometimes left to swallow the cost of the debt, despite creditors who would make you believe it is your obligation to repay the debt. Are You Responsible for the Debts of a Deceased Relative?From an estate administration perspective, debts after death are generally repaid through a person’s estate – whether or not there was a will – and relatives are not responsible for paying off debts that were not jointly owned at the time of the debtor’s death. When a person dies, his debts often die along with him. Whether you are responsible for repaying the debts of a deceased relative depends on whether you owned any part of the debt at the time of the debtor’s death, or have received substantial benefits from the debt itself (as in the case of a loan used to pay your personal living expenses.) What Happens To Credit Card Debt After You Die?Credit card debts belong to the credit card account holder and relatives should not have to pay for their deceased family member’s debts unless they co-signed on the loan or it is a debt from a joint account. However, those who live in community property states, where property and assets acquired during a marriage are considered jointly owned, may be liable for the debt. If a person believes they are being unfairly contacted, or even harassed, by overzealous debt collectors, it may be wise to speak with a local debtor – creditor attorney to help you determine your rights under your state’s law. What About The Mortgage After Death?Similar to credit card debt after death, mortgage debt belongs to the borrower of the mortgage loan. If a spouse was named as a joint owner on the loan, then he or she would be liable for the loan debt after the death of the debtor spouse. Just as with the deceased’s unsecured debts, a note associated with a mortgage is not forgiven simply because the borrower dies. Instead, the surviving spouse can decide whether to continue to make payments on the note – and thereby continue to live in the home – or sale the house to pay off the existing loan. Life insurance policies are not part of the estate, and proceeds from life insurance policies go directly to the named beneficiary. Beneficiaries are therefore not obligated to use the proceeds to pay for any remaining debts the debtor may have after death. Free Consultation with a Probate LawyerWhen you need help from a probate 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
Child Support Enforcement in Utah How Adultery and Infidelity Relates to Divorce in Utah 180 Day Waiting Period to Refile Bankruptcy After a Dismissal via Michael Anderson https://www.ascentlawfirm.com/debts-after-someone-dies/ ![]() Although all couples experience stressors to their marriages, those living abroad as immigrants often find these difficulties are amplified when living a new culture, far from friends, family and their previous support systems. International custody concernsIn terms of custody issues, most cases fall under the provisions of the Hague Convention of 1980, which requires that the children remain in the country where custody is under dispute. However, many Middle Eastern countries are not members of the convention and will automatically award the father custody. In some cases, one partner has returned home to the United States with the children, only to have the partner abroad invoke the Hague Convention. Others have had difficulty even leaving the country with their children. How Can I Protect My Child Against My Ex Leaving the Country?If your ex is a foreign national – who is either legally in this country or illegally in this country – who now has joint custody or visitation with your child, you may have serious concerns that he or she could flee the country with your child. Once that happens, recovering your child is a complex and expensive process. You get little help from the U.S. State Department, and the Hague Abduction Convention is only available to you if the host country is one of the 73 signatory nations. Eventually, you might get your child back, but the heart-wrenching fight can ruin you financially. This is definitely a situation where an ounce of prevention is worth a ton of cure, so here are preventative steps you can take: Divorce Lawyer Free ConsultationWhen you need legal help for a divorce case in Utah call Ascent Law at (801) 676-5506. We will 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
Should Filing Bankruptcy Be The Last Resort? Going Public With Your Startup In Utah via Michael Anderson https://www.ascentlawfirm.com/immigration-and-divorce/ ![]() Wills are the most common way for people to state their preferences about how their estates should be handled after their deaths. Many people use their wills to express their deepest sentiments toward their loved ones. A well-written will eases the transition for survivors by transferring property quickly and avoiding many tax burdens. Despite these advantages, many estimates figure that at least seventy percent of Americans do not have valid wills. While it is difficult to contemplate mortality, many people find that great peace of mind results from putting their affairs in order. Formal requirements for wills vary from state to state. Generally, the testator must be an adult of “sound mind,” meaning that the testator must be able to understand the full meaning of the document. Wills must be written. Some states allow a will to be in the testator’s own handwriting, but a better and more enforceable option is to use a typed or pre-printed document. A testator must sign his or her own will, unless he or she is unable to do so, in which case the testator must direct another person to sign the will in the presence of witnesses, and the signature must be witnessed and/or notarized. A valid will remains in force until revoked or superseded by a subsequent valid will. Some changes may be made by amendment (called a “codicil”) without requiring a complete rewrite.Some legal restrictions prevent a testator from giving full effect to his or her wishes. Some laws prohibit disinheritance of spouses or dependent children. A married person cannot completely disinherit a spouse without the spouse’s consent, usually in a pre-nuptial agreement. In most jurisdictions, a surviving spouse has a right of election, which allows the spouse to take a legally-determined percentage (up to one-half) of the estate when he or she is dissatisfied with the will. Non-dependent children may be disinherited, but this preference should be clearly stated in the will in order to avoid confusion and possible legal challenges. Appointing a RepresentativeA will usually appoints a personal representative (or “executor”) to perform the specific wishes of the testator after he or she passes on. The personal representative need not be a relative, although testators typically choose a family member or close friend, as well as an alternate choice. The chosen representative should be advised of his or her responsibilities before the testator dies, in order to ensure that he or she is willing to undertake these duties. The personal representative consolidates and manages the testator’s assets, collects any debts owed to the testator at death, sells property necessary to pay estate taxes or expenses, and files all necessary court and tax documents for the estate. Choosing a GuardianTestators who have minor or dependent children may use a will to name a guardian to care for their children if there is no surviving parent to do so. If a will does not name a guardian, a court may appoint someone who is not necessarily the person whom the testator would have chosen. Again, a testator usually chooses a family member or friend to perform this function, and often names an alternate. Potential guardians should know they have been chosen, and should fully understand what may be required of them. The choice of guardian often affects other will provisions, because the testator may want to provide financial support to the guardian in raising surviving children. When No Will ExistsYou’re looking at probate my friend. If a person dies without a valid will and did not make alternative arrangements to distribute property, survivors may face a complicated, time-consuming, and expensive legal process. Dying without a will leaves an estate “intestate,” and a probate court must step in to divide up the estate using legal defaults that give property to surviving relatives. The court pays any unpaid debts and death expenses first, then follows the legal guidelines. Free Consultation with a Wills LawyerWhen you need help with a will, trust, probate or estate, call Ascent Law for your free estate 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
Facebook Posts in Custody Cases via Michael Anderson https://www.ascentlawfirm.com/will-requirements/ ![]() When trying to come up with just the right name for your business, the options can be overwhelming. You want a name that resonates with your target market, one that will stand the test of time (avoid trendy names), and a name that is available. Even if another business doesn’t have your preferred name, you’ll want to make sure it doesn’t have other meanings that could hurt your image. The following ideas should help you in choosing the right name for your new business. Don’t choose a trendy name, since trends and fads pass quickly, and you don’t want your business to appear outdated. Don’t include a geographic designation, like the city or state where the business is located, in the name of your business if you’re thinking of expanding into other markets in the future. Don’t consider names that are very similar to those belonging to other businesses in your area. Not only would such similarity confuse consumers, it may make it impossible to register your business’s name or, worse yet, subject you to legal claims by the owners of the other businesses. Free Consultation with a Business LawyerWhen you need legal help for your business, 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 via Michael Anderson https://www.ascentlawfirm.com/business-names/ ![]() Divorce is not easy for anyone involved, but it can present particular hardships for the children of a failed marriage. A clear sense of how children react to a divorce may help parents better help their children through the process and secure better long-term outcomes. Parents should be aware of these issues, and try to follow these guidelines – Respect the relationship. Just because partners may divorce doesn’t mean that a child is divorcing a parent, even an absent one. Parents need to be especially vigilant to avoid putting their children in the middle of conflicts between parents. Sometimes children try on their own to smooth the relationship between them, but they shouldn’t have to shoulder that responsibility or have their loyalty pulled in opposite directions. Many times parents will act out of guilt and go easy on their children after a divorce, understanding the difficulties it creates in their lives. Parents need to resist the temptation to be too soft and still discipline their children in appropriate ways. Grounds for Divorce – Being in Jail or PrisonWhile the state of Utah does allow no-fault divorces, you can still also pursue a fault-based divorce if you wish. In such a scenario, it is your responsibility to prove the other spouse’s misconduct in the marriage caused its irretrievable breakdown. Common grounds for fault-based divorce include adultery, cruelty, substance abuse and insanity. Free Consultation with a Divorce LawyerIf you have a question about divorce or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will 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
Separation Agreement in Divorce Establishing Legal Paternity in utah for Child Support Can I Be Denied a Job Because of Bankruptcy? via Michael Anderson https://www.ascentlawfirm.com/divorce-and-minor-children/ ![]() The settings of Facebook can prevent the “public” from seeing anything in the account holder’s “wall,” including photos and changes in status. The only way to observe these is to “friend” the Facebook account holder. Accordingly, if representing a man in a custody matter and he believes that his wife has incriminating evidence on her Facebook wall, the question begs: How does someone become her friend and gain access to that wall? The answer is simple: friend request. There is a certain “reasonable expectation of privacy” in email but with Facebook, no person would have such reasonable expectation of privacy even if they put their settings on “friends only” and hide information from the general public. No one knows who their real friend is during the time of divorce, and when counseling clients we strictly advise them to withdraw from the public eye and refrain from speaking about their divorce and/or their activities during divorce, as it may damage their case and/or relationship with their children. No Fault Divorce in UtahUtah joined a host of other states that allow couples to obtain a divorce without assigning fault to either party. Recent changes to Utah’s domestic relations law allow spouses to more easily obtain a divorce under the new grounds of irretrievable breakdown. This allows a court to grant a divorce simply on the sworn statement of one spouse that the relationship is broken beyond repair and has been so for at least six months. Despite this clear statutory language, it took little time for Utah’s trial courts to split on their interpretations of the new provision. Utah supreme courts in Essex and Suffolk counties have adopted the view that the sworn statement of one party that a marriage is irretrievably broken may not be enough to establish grounds for divorce, even under the new no-fault provision. The Supreme Court in Nassau County, however, has found that—so long as other statutory conditions are satisfied—the sworn statement of one spouse is sufficient to obtain a no-fault divorce. Free Consultation with a Child Custody LawyerIf you have a question about child custody question or if you need help with custody, please call Ascent Law at (801) 676-5506. We will 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
Separation Agreements in Divorce Estate Planning for Single Parents via Michael Anderson https://www.ascentlawfirm.com/facebook-posts-in-custody-cases/ |
About MeIn 2009 I was creating marketing channels for barbie dolls in Nigeria. Spent a weekend implementing dogmas in Naples, FL. Won several awards for writing about toy trucks in Mexico. Spent 2001-2007 analyzing deodorant in Pensacola, FL. Spent 2001-2004 researching heroin in Miami, FL. Enthusiastic about writing about clip-on ties in Naples, FL. Archives
June 2019
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