Utah Real Estate Code 57-1-4: Attempted Conveyance Of More Than Grantor Owns — Effect.A conveyance made by an owner of an estate for life or years, purporting to convey a greater estate than he could lawfully transfer, does not work a forfeiture of his estate, but passes to the grantee all the estate which the grantor could lawfully transfer. Conveyances may occur in many different ways, including but not limited to: • Fee Simple Absolute: A fee simple absolute is a conveyance of real property that gives absolute ownership in the property. The holder of a fee simple has both the present and future interest in the property. The duration is indefinite, and the interest is not subject to any specific conditions. At any time, the holder may sell all or part of the property, or distribute the property at their death through a will. These rights are commonly thought of as simply ownership of the real property, and is the most broad category of property interest; Things To Know About Conveyance Deed And Why It Is ImportantIn the wake of the rising number of instances of fraud and bogus selling of properties, it’s the conveyance deed or the sale deed that gives legal protection to the ownership of your property. By understanding the basics of a conveyance deed, you can guard yourself against getting duped. The document has all the details needed to carry out for the transfer of the property title. This includes the full names of the buyer and the seller, their addresses, etc. The actual demarcation of the property in question, chain of the title of the owners, and the method of the delivery of the property are also stated. Conveyance Deed is required to contain the following: Real Estate AttorneyWhen you need real estate legal help, call the Real Estate Attorneys at 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
Can My Husband Divorce Me With Me Knowing? Family Lawyer West Jordan Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Code 57-1-4 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-code-57-1-4/
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Divorce, or dissolution of marriage, is the legal process of severing a marriage contract, which is overseen by a court of law in the state in which one or both of the divorcing spouses live. The process for getting a divorce and acceptable grounds for divorce varies from state to state. In West Valley, Utah, a divorce can be completed on average in a minimum of 180 days, with court fees of $310.00. The state has divorce residency requirements that require the spouse filing for the divorce to have lived in West Valley, Utah, for a minimum of three months. In Utah a couple seeking a divorce can choose either no-fault grounds or can choose the option of filing on traditional fault grounds. Grounds for divorce include: How To Initiate A Divorce ProceedingThere are primarily two types of divorce in Utah: contested and uncontested. If you and your spouse are unable to reach an agreement on the issues in the divorce like those involving property allocation, alimony or child support, you will probably have to endure a long and costly legal process that will involve a trial. Because your spouse will probably hire an attorney to represent and protect their interests, it is strongly advised that you do likewise. Utah Divorce LawyerWhen you need a Divorce in West Valley 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 Cases With Child Custody In Utah Variances And Conditional Use Permits Juvenile Criminal Offenses In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Divorce West Valley first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/divorce-west-valley/ Utah Criminal Code 76-5-102.8: Disarming a Peace Officer–Penalties1. As used in this section: Disarming A Peace OfficerDisarming a peace officer is a relatively simple criminal offense. At trial the an attorney must show five separate elements: How Serious Is A Disarming Law Enforcement Charge?Disarming a Law Enforcement Corrections Officer is a second degree crime and can result in up to 10 years in prison. However, this charge can be enhanced to a first degree crime that carries as much as twenty years in prison and a $200,000 fine under certain circumstances that are discussed later. When Does Someone Attempt To Disarm A Peace Officer?There are three elements that must be present in order for a guilty verdict to be rendered. Specifically, they include: Enhancement to First Degree Disarming of a Peace OfficerAs mentioned above, the majority of charges for disarming a peace officer are in the second degree. However, under certain circumstances these charges will enhance to a crime of the first degree. Specifically, this will happen if, in addition to disarming the cop: Common Offenses You May Be Charged With For Assaulting A Law Enforcement OfficerAssault and battery is a serious offense in Utah that can cause long-term consequences in a person’s life. If a person is charged with assaulting a police officer, the charges can be even more serious. Due to all the news about police assaults, shootings, and killings of officers, the police are becoming increasingly intolerant of any actions that may be interpreted as physical resistance or assault. If you have been charged with an assault on a police officer or a similar offense, you need the assistance of an experienced violent crimes attorney to reduce the harsh sentence that you may face. A person can commit battery through any offensive or harmful conduct, which can be as minor as throwing a snowball or small object at someone, if the person makes some contact with the victim and intended harm to the victim. An assault is an intentional act that makes a person think that he will be offensively touched or intentionally harmed. Since a battery is any unwanted touching, these charges can be raised for any minor action of a suspect. This law applies to police officers and many other government officials, including: Obstruction of Justice ChargesYou may also be charged with obstruction of justice if you prevent the police officer from performing his duties. This offense can also be charged with obstructing a judge, juror, prosecutor, or attorney. You may be charged with this for: Resisting Arrest Offenses in UtahResisting arrest is similar to obstructing justice but is a different offense in Utah. Both involve intentionally impeding a peace officer from performing his duties. Unlike resisting arrest, you may be charged with obstruction of justice in situations other than an arrest. Under Utah law, you may be arrested for resisting arrest for intentionally preventing or attempting to prevent a law enforcement officer from arresting you, with or without a warrant. This is defined as fleeing under one of these circumstances: Resisting Arrest: Laws, Penalties, and DefenseResisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” Resisting arrest occurs when a person interferes with a law enforcement officer’s attempt to perform a lawful arrest. Some states call the crime “obstruction.” The crime can be a felony or a misdemeanor, depending on the severity of the actions of the person being arrested. Misdemeanor resisting arrest (or misdemeanor obstruction) can include actions such as running and hiding from a law enforcement officer. Felony resisting arrest usually requires that a person either act violently toward the arresting officer or threaten to act violently. Call Ascent Law LLC For Legal HelpIf you are facing a charge of resisting arrest, consider consulting with an experienced criminal defense attorney who regularly practices in your area. A lawyer can evaluate the strength of the prosecution’s case against you and help develop any defenses you might have. For example, if you believe that your resistance was justified because the arrest was unlawful, you’ll need to know whether your state recognizes this defense, as explained above. A lawyer’s skillful negotiation with the prosecutor can sometimes result in a reduction of felony resisting arrest charges to misdemeanor charges, or even dismissal of the charges. A local criminal defense attorney, who knows how the prosecutors and judges involved in your case typically handle such cases, can assist with these negotiations. And if you decide to go to trial, having a good lawyer in your corner will be essential. Criminal Lawyer in UtahWhen you need to defend against criminal charges 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
Armed Robbery Legal Defense In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Criminal Code 76-5-102.8 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-102-8/ The Federal Motor Carrier Safety Administration (FMCSA) is the federal agency responsible for devising the laws, rules, and regulations that govern motor carriers in Utah, United States. The FMCSA has also passed many trucking laws and regulations, which have been designed to increase the safety of bug trucks on the roads of the United States. These laws have been enacted in a bid to reduce truck accidents and also increase the safety of the vehicles, drivers, and other passengers on the roads. FMCSA Trucking Laws and RulesTitle 49 of Code of Federal Regulations, as designed by the FMCSA, lists all the laws and regulations that govern the entire trucking industry in Utah, United States. The following are highlights of these federal trucking laws and regulations: Laws and Regulations Applying to Truck Drivers• Licensing Requirements: According to this rule, truck drivers are allowed to have just one driver’s license, which has been issued to them by their home state. The license can be issued to the truck drivers only after they are successful in clearing knowledge and skill tests. Hazmat (hazardous material) carriers are usually required to pass additional tests before being given a valid license. Laws and Regulations Applying to Trucks• Rules for Securing Cargo: Beginning January 1, 2004, the rules for securing cargo and heavy loads in trucks were changed by the FMCSA, in order to make the cargo more secure and minimize the chances of it becoming loose and falling off the vehicle. These rules include new and better provisions for tying down cargo and using better securing devices. • Required Vehicle Markings: Under this rule, all trucks are required to display certain markings on the vehicle. These include their USDOT number, Hazmat markings, etc. In addition to the above, the FMCSA has passed many rules and regulations that govern the actions of trucking companies, and hazardous material carriers as well. These include, but are not restricted to, complying with USDOT safety rules by trucking companies, unfit carrier rules, hours of service logbook rule for companies, hazardous material regulations and how to comply with them, State Hazmat permission and registration procedures, etc. Truck drivers and trucking companies must follow both state and federal regulations. The federal regulations are promulgated by the Federal Motor Carrier Safety Administration (FMCSA) and include all aspects of truck driving. Among the categories the federal regulations cover are drug and alcohol testing, hours of service, vehicle marking, and maintenance. A truck driver’s failure to follow a federal or state safety law is strong evidence of negligence after a truck accident causing personal injuries. Not all states recognize the doctrine of negligence per se, but the states that do recognize this doctrine may allow an inference of negligence if the truck driver violated a safety statute, the violation proximately caused an accident, and the victim was a member of the class that the statute was designed to protect. An inference of negligence can make it easier for a victim of a truck accident to recover damages. Even when states do not recognize negligence per se, evidence that a truck driver caused an accident by violating federal or state safety regulations is strong evidence that a duty was breached. Alcohol and Drug Testing Under Federal LawThe FMCSA drug and alcohol testing rules apply to all operators of commercial motor vehicles with a commercial driver’s license. The test is designed to identify alcohol, marijuana, cocaine, opiates, amphetamines, and PCP in the system. There are four potential testing scenarios: pre-employment, reasonable suspicion, random drug tests, and post-accident drug tests. All trucking employers must have a designated employer representative who is required to oversee employer compliance with the drug testing regulations. A trucking company can only permit a driver to perform duties that require safety if he or she gets a negative result on the pre-employment test. The employer must also interview the potential employee as to drug and alcohol testing history, and obtain records from previous employers. When an employer or supervisor harbors a reasonable suspicion that the truck driver has taken drugs or has drunk alcohol, it has a duty to test that driver. Moreover, random tests chosen through a scientifically valid method and without notice to the driver are required. After a fatal truck accident, testing is required, and even when there isn’t a fatality, any commercial truck driver cited for a moving violation that either involved towing of a vehicle or required medical care away from the scene must also be tested for drugs and alcohol. If a police officer pulls over a truck driver for suspected drunk driving and believes the driver is drunk, he or she may require the truck driver to take a Breathalyzer or blood test. The blood alcohol concentration required to cite a commercial truck driver for a DUI is lower than it is for ordinary non-commercial vehicle drivers. Hours of Service RegulationsCommercial truck drivers must also follow the federal regulations regarding hours of service. Truck drivers hauling property can drive 11 hours each day only after 10 consecutive hours off duty. They may not drive beyond the 14th hour in a row after coming on duty. Furthermore, they are not permitted to drive after 60 hours in seven days in a row, or 70 hours in eight days in a row. Truck drivers who reach the maximum 70 hours of driving within a week may only resume if they rest for 34 hours in a row. This rest must include at least two nights, including the period from 1-5 a.m. Truck drivers must take at least one 30-minute break during the first eight hours of their shifts. Federal Regulations for TruckersDrivers of trucks and commercial vehicles operate their vehicles over hundreds or even thousands of miles of highway. Besides having to pass high standards to be able to operate a large commercial vehicle, a driver must comply by federal regulations that place limitations on the hours that a person can sit behind the wheel. These limitations help to combat a common cause of truck and commercial vehicle accidents: fatigue. Accidents resulting from a truck driver’s fatigue can be life-shattering, especially for the driver and passengers of the vehicle collided with. If you or someone you know was involved in a truck or commercial vehicle accident and believe that driver error contributed to your crash, contact an experienced Utah truck accident attorney. Commercial Driver’s License RequirementsEven before the driver of a truck or commercial vehicle can get behind the wheel, he or she must pass stringent requirements in order to be granted a commercial driver’s license (CDL). These requirements include: Regulations for Trucks• Loads and Freight — Loads should be properly loaded and properly secured to prevent leaking, spilling, or falling. The trucking company and the company that loaded the cargo may be liable if cargo slips or falls from the truck and injures someone. There also are numerous stringent regulations regarding shipment of hazardous materials by truck. Federal Regulations and Personal Injury LawsuitsIf you’ve been injured in an accident involving a truck, you may be considering a lawsuit to recover compensation for your injuries and other damages. When issues involving federal laws and regulations are involved, your lawsuit may need to be filed in a federal court instead of a state court. Federal courts have their own rules and systems that are a little different than state courts, so it’ll be crucial to the success of your claim that you’re represented by an attorney with significant experience handling personal injury lawsuits in federal courts. All truck drivers are required to abide by federal trucking regulations. These safety laws are often involved in truck accident cases, since drivers who cause an accident may be found to have violated one or more of the Federal Motor Carrier Safety Regulations. Truck accident victims pursuing a personal injury claim against a truck driver may find that the driver has violated a law or that the trucking company is legally at fault, in addition to the driver. The intention of federal trucking regulations is to provide for the safety of the driver and others on the road. Some regulations prohibit drivers from operating vehicles while under the influence of drugs or other impairing substances, for example, and others mandate that drivers and companies abide by hours-of-operation laws to prevent fatigued drivers from remaining on the road. Other laws require the trucking company and the driver to conduct regular inspections of their vehicles and ensure that brakes and connections are functioning properly. While some regulations may seem like common sense, such as the requirement that drivers use “extreme caution” in hazardous conditions such as snow or sleet, they are strictly interpreted, and there is a legal requirement that drivers immediately discontinue their travel when weather conditions are severe. Accident victims asserting the negligence of a truck driver may rely on a violation of a federal trucking regulation as evidence of a breached duty of care. Proving negligence in an injury claim requires showing that the driver owed a duty of care and breached this duty, and this breach directly led to injuries and damages. In some situations, there may be multiple violations committed by the driver or trucking company. When a trucking company encourages their drivers to meet unreasonable deadlines and ignore laws such as hours-of-service regulations, this may increase the potential value of the victim’s claim. Claims for damages following a commercial truck accident may be large, and often, trucking companies carry high amounts of liability insurance. Truck collisions can lead to serious injuries and after proving the legal liability of the driver and potentially the company, the accident victim will set forth the full range of the damages that were caused by the collision. These include costs for medical treatment, both past care as well as future, expected treatment. Lost wages from work and a decreased earning ability are also types of damages that may be recovered. Finally, victims may find that they suffer emotional pain and suffering as a result of the accident. These non-economic damages may be set forth and recovered in a personal injury claim after a truck crash. Trucking LawyerWhen you need a Trucking Lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Bankruptcy Meeting Of Creditors Corporate Lawyer Riverton Utah Are Divorce Records Public In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Federal Trucking Law first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/federal-trucking-law/ Utah Real Estate Code 57-1-3: Grant Of Fee Simple Presumed.A fee simple title is presumed to be intended to pass by a conveyance of real estate, unless it appears from the conveyance that a lesser estate was intended. A fee simple defeasible is a conveyance of property that has conditions placed on it. The holder of a fee simple defeasible possesses the property as a fee simple subject to that condition. If the condition is violated or not met, then the property will either go back to the original grantor or a specified third party. Understanding Fee Simple Vs Leasehold Ownership• Fee simple ownership: Fee simple ownership is probably the form of ownership most residential real estate buyers are familiar with. Depending on where you are from, you may not know of any other way to own real estate. Fee simple is sometimes called fee simple absolute because it is the most complete form of ownership. A fee simple buyer is given title (ownership) of the property, which includes the land and any improvements to the land in perpetuity. Aside from a few exceptions, no one can legally take that real estate from an owner with fee simple title. The fee simple owner has the right to possess, use the land and dispose of the land as he wishes — sell it, give it away, trade it for other things, lease it to others, or passes it to others upon death. What Is Fee Simple Ownership?When a property deed states that the owner has fee simple ownership, he owns the property above the surface of the land and the mineral properties below the surface of the land. The mineral properties may include oil, gas, mineral rocks or coal. Many deeds do not include fee simple ownership, and thus, there may be several ownership interests connected to the mineral estate of a tract of land. Having fee simple ownership indicates the property owner owns both what’s above and under the surface of the land. A concurrent estate describes the various ways in which property can be owned by more than one person at a given time. Three types of concurrent estates are: Real Estate LawyerWhen you need a lawyer who focuses on real estate law 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
Corporate Lawyer South Salt Lake City Utah Burglary Legal Defense In Utah Auto Insurance Bad Faith In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Code 57-1-3 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-code-57-1-3/ Operating a motor vehicle under the influence of alcohol may be termed with different designations under different circumstances or in different states or jurisdictions, including DUI (driving under the influence), OUI (operating under the influence), or even DWI (driving while intoxicated). These offenses are serious and should not be taken lightly. Anyone who is operating a motorized vehicle or a vehicle with any type of drive train can get a DUI-type offense. This includes the use of motorized watercraft, lawnmowers, mopeds, and even non-motorized bicycles. Individuals using skateboards, rollerblades, etc., would not be charged with a DUI offense if they are stopped while they are intoxicated on these conveyances, but could be charged with some other offense, such as public intoxication, depending on the jurisdiction where the offense occurs. A Drunk Driving Offense Is Not Limited to Just the Use of Alcohol If Arrested for a DUI-Type Offense, You Will Spend Time in JailIf an individual is arrested for a DUI-type offense, the arresting officers have the responsibility to remove the individual from the situation and get them off the road. Typically, this means taking them into the police station, booking them, and then putting them in jail until they post bond. In many jurisdictions, individuals must also demonstrate a significant drop in their BAC in order for them to be released on their own recognizance after being arrested for a DUI or related offense. The actual amount of time an individual spends in jail is dependent on the situation, jurisdiction, etc. Is a DUI a Felony?DUI type offenses may or might not be felonies. In most jurisdictions, an individual who is getting a first-time DUI will most likely be charged with a misdemeanor. However, an individual who severely injures or kills someone while under the influence of alcohol or other drugs will be charged with a felony. Some states now also charge individuals with felonies even for first-time offenses if they have a very high BAC; the level can vary from state to state, but as an overall standard, a BAC of 0.15 or higher is a red flag to most legal authorities. If an individual is arrested for a DUI-type offense while their driving privileges have been suspended or restricted, they may be charged with higher-level offenses. The trend in numerous states is also to charge individuals with multiple DUI offenses with felony convictions after they have been arrested many times for DUIs or similar offenses (most often, three times or more). Thus, in many states, after an individual has two (or three) DUI convictions on their record, any subsequent arrests for DUIs are felony convictions. Arraignments Are Easy; After That Get an AttorneyAfter an individual is arrested for a DUI-type offense, they will go to court for an arraignment. At the arraignment, the individual will be formally charged with a criminal offense and will be allowed to plead guilty or not guilty. The standard legal advice is to plead not guilty at the arraignment, pay the bond, get released, and then seek the assistance of an attorney for further steps in the process. Expect Immediate Financial ResponsibilitiesThe entire process of getting a DUI is extremely expensive. Even before one is formally convicted, one should expect to start shelling out money. Individuals often have to pay the court a bond to be released, pay a bond to get their car back, and pay towing charges. They often have to give their chosen attorney a down payment before the attorney begins working on their case. Depending on the situation, other financial responsibilities could be incurred. Even before one goes to trial for their DUI offense, they may have already spent thousands of dollars. Be Ready to Have Restrictions on Your Driving PrivilegesThese days, in most states, it is a safe bet to assume that once an individual is convicted of any DUI-type offense, there will be ramifications on their driving privileges. In most states, an individual who refuses to take a BAC test automatically has their driver’s license suspended. The length of time varies depending on the state but typically ranges from three to 12 months. In some states, the arresting officer confiscates the individual’s driver’s license once they are arrested, and the individual gets a temporary driver’s license until their trial. Upon conviction of any DUI offense, an individual’s driver’s license will most likely be restricted, suspended, or revoked depending on the state and the nature of the offense. First-time offenders most often have suspended licenses for a period of 90 days, but again, these suspensions can vary from state to state and case to case, and they are subject to being shorter or longer depending on the judge and situation. Most often, individuals have to meet certain specifications, such as having interlock systems installed on their car ignition if they are issued restricted driver’s licenses, or they must wait for a specified period of time to get their license back if it is suspended or revoked. In many of these later instances, individuals often have to appear before the Department of Motor Vehicles and formally evaluated in terms of their risk for future infractions in order to get their full driver’s license returned. All of these issues incur a further outlay of money, are significantly embarrassing for most individuals, and produce significant stress and resentment. Expect to Pay More Money for Car InsuranceIndividuals who have DUI offenses on their record pay significantly higher premiums for car insurance. There is no way around this. In many cases, insurance companies may drop them, and individuals are forced to seek out insurance companies that will accept them. These companies typically charge significantly higher rates for limited automobile insurance. Expect to Be Placed on ProbationBecause being convicted of a DUI offense is a criminal offense, the vast majority of individuals will be placed on probation for some period of time following their conviction. Probation costs money, and individuals can expect to shell out more money here. The specifications of probation require that an individual not use alcohol or other drugs, and not be in places where the primary purpose of the business is to serve alcohol (e.g., a bar). Other restrictions may be incurred depending on the state, situation, judge, and the individual’s probation officer. While on probation, individuals are required to notify their probation officer and get permission to leave the state and in some cases even the city in which they reside. One Might Have to Attend an Alcohol Education ProgramMore and more jurisdictions are requiring that even first-time offenders attend a formal alcohol education program. The program can vary depending on the situation and the state where the program is delivered. Expect to pay for the program and have your attendance monitored in some way. The courts will often require that an individual be formally evaluated by a mental health provider that is attached to the court system or a private mental health provider for substance abuse issues prior to going to trial. This assessment often includes an interview with the healthcare provider/clinician and completing a series of tests. The court often uses this information to determine sentencing, probation, the need for treatment, etc. Again, these assessments can be relatively expensive, and the court does not pay for them in most cases. One should expect to shell out even more money for this court requirement if it is imposed. Will I Have To Get Treatment?Yes. Very likely. The legal system does not want to see repeat DUI offenders. Most courts require that individuals receive substance use disorder treatment as a condition of their probation. If individuals do not attend treatment or are not able to demonstrate to the probation officer that they are attending treatment, they could be subject to jail or even steeper fines. The treatment is often specified by the judge and can include participation in Alcoholics Anonymous meetings and/or substance use disorder therapy. Individuals may be required to attend inpatient or residential rehabilitation programs for alcohol abuse. The specification of treatment is often a requirement for an individual to complete probation and may be a requirement for an individual to get their driver’s license back. Upon Conviction, Expect More FinesOnce an individual is convicted of a DUI offense, they are typically fined by the court. These fines will often eat up the individual’s bond and may require the individual to pay additional monies. Individuals can arrange to be put on a payment program because, in many cases, the fines are extensive. More Jail Time Might Be in Your FutureStates are becoming stricter and stricter regarding punishments for individuals who incur DUI-type offenses, even for first-time offenders. Judges are given less leeway in giving out fines and jail sentences in the current milieu and may be required to include incarceration as a result of charging an individual with a DUI-type offense. In most cases, judges have some leeway concerning the length of the sentence they impose, but the trend is that individuals who commit more than one DUI offense will spend some time in jail. Serious repeat offenders or individuals who have injured someone or caused property damage may be forced to spend significant time in prison. In some cases, individuals may be placed on a tether in lieu of a jail sentence and are not allowed to leave their home except during specified periods (house arrest). How Long Does a DUI Stay on Your Record?Once an individual is convicted of a DUI offense, there is a record of it somewhere. In many cases, individuals are required to report these offenses on job applications and for other purposes, such as when applying to the military, applying to certain colleges, etc. Insurance companies often investigate an individual’s driving record for as far back as 5-7 years, and when offenses are uncovered by insurance companies, they will tend to charge higher premiums for services or will not cover the individual. Individuals subject to background checks for employment or other purposes often experience a DUI resulting in complications for certain types of employment. Even though it may not appear in some types of background checks or searches years after an individual has committed the offense, there is always a record of it somewhere. Individuals who have multiple DUI convictions, who have seriously injured or killed someone while driving under the influence of alcohol, or who committed significant property damage while under the influence may have these convictions follow them around for the rest of their lives. Reasons Prosecutors May Reduce or Dismiss DUI Drug Charges• Lack Of Probable Cause To Stop Your Vehicle: Before a police officer can stop your vehicle, he or she must have reasonable suspicion or probable cause to do so. Probable cause is “reasonable suspicion for a traffic stop” This means that you were observed having violated a traffic law, such as: What If The Engine Is On But You Did Not Move The Car?If your engine is running, the officer can assume you had just driven or were about to drive. Other indirect or circumstantial evidence of your having driven include: What Symptoms of Impairment Are Officers Looking For?Classic symptoms of impairment are slurred speech; watery, bloodshot eyes; fumbling with documents; and an inability to understand simple directions or questions. It may be different for drivers under the influence of a drug since different drugs produce different symptoms. If DUI marijuana is suspected, for example, your coordination is usually not affected. Few people who smoked or ingested marijuana exhibit slurred speech or have watery, bloodshot eyes, though they may appear glassy. If the officer testifies to this, a defense expert can counter with studies that refute such conclusions in the majority of subjects. Field Sobriety TestsIn traffic stops where the officer has observed symptoms of drinking or of ingestion of a drug, the officer may request that you take a series of field sobriety tests that test your coordination and balance. These may include: Illegal Field Sobriety TestsThere are certain kinds of field sobriety tests. There is also a specific manner in which they can be conducted. A test done without your consent is one of the reasons the judge may dismiss your DUI charge. Furthermore, if these tests are run in an invalid fashion, then the arrest is considered to be invalid. According to expert impaired driving lawyers, the most common reason for dismissal of a DUI is due to using faulty testing instrument. Thus, they can challenge the validity of the results of a test in a court of law. Right to Speak with Your LawyerAt the time of the arrest, you should be properly notified by the police officers that you can speak with your lawyer. The defendant can challenge the authorities to have violated this basic right while being arrested. If your lawyer can successfully dismiss the license suspension against you, then the prosecutor might be forced to offer you a plea bargain. He or she may withdraw all DUI charges against you for a much lesser penalty because their case will become weaker in the eyes of the law once the driving suspension is over. Although it seems very difficult to remain positive when you are facing Driving Under the Influence (DUI) charges, you should never accept the charges easily. Hire a competent DUI lawyer to defend you. Salt Lake City DUI LawyerWhen you need legal defense from a Salt Lake City DUI 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
How Does Adverse Possession Work In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Salt Lake City DUI Lawyer first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/salt-lake-city-dui-lawyer/ Utah Criminal Code 76-5-102.7: Assault Against Health Care Provider And Emergency Medical Service Worker–Penalty1. A person who commits an assault or threat of violence against a health care provider or emergency medical service worker is guilty of a class A misdemeanor if: Steps Health Care Provider Should Take After Being Attacked• Try to escape – If you can’t escape, yell loud enough to get help. How Help End Violence Against Healthcare WorkersThe legislature proposed the following, How to Prevent Workplace ViolenceWith violence in society a growing problem, the importance of taking measures to prevent workplace violence has become increasingly urgent to businesses that want to protect the safety of their employees. According to the Bureau of Labor Statistics, between the years of 2011 and 2018, a total of 5,746 injuries resulting from workplace violence were reported. Of these, 3,584 were workplace homicides and 2,825 of these homicides were the result of a shooting by another person. While violence is one of the major causes of death in the workplace, nonfatal cases are more common. Overall, the Occupational Health and Safety Administration estimates there are about 2 million cases of workplace violence a year. The surprisingly high number of incidents varies between verbal and physical abuse to homicides. It is also estimated that about 25 percent of workplace violence goes unreported. These statistics are a strong reminder that violence in the workplace is more common than we might think, but workplaces can take specific measures to prevent and lessen the impact of violence. When you know how to prevent workplace violence, you can be part of the solution and make your company a safer place for all employees. • Training and awareness are key factors in workplace violence prevention. Take the time to have training sessions about how to respond to a violent incident so your staff knows how to react when it occurs. There are some instances where the hospital, facility or even a patient will harm a nurse for one reason or another to include policies, accidents and intentional harm. In these circumstances, the nurse often needs to know how to move forward, what to do to seek recovery options and which choices are possible in the legal world. Nurses and nursing staff work in one of the most dangerous industries in the country. No matter what day they work, there are many hazards both at work and when treating patients that each nurse must confront. These can range from patients that have an imbalance or impairment to the sharp objects that can quickly and easily cut the skin. If equipment or tools slip and fall, they can slice open the nurse immediately. These dangers are everywhere in a hospital, and clinics equally have the same dangers. If working for a private practice, nurses still run into the same types of risks. A personal injury case is possible for anyone that suffers bodily harm at the hands of another person or company that is responsible for the damage. This then progresses to a lawsuit when the plaintiff requires compensation for recovery. The other party’s negligence is then an issue that the victim will need to prove to the judge or jury panel. Evidence and a legal argument presented will help to prove or disprove the claim. Generally, there are numerous rules that apply to these claims and can prevent a nurse from litigation against his or her employer. Negligence and the HospitalThere are elements of a negligence case. For a nurse to sue a hospital, he or she will need to prove that the facility owes a duty of care to the nurse. This exists in the professional guidelines and conduct along with the employment agreement to the organization. The duty of care is what should prevent the facility from letting dangers go unnoticed or from keeping criminals contained. The nurse can sue the hospital for negligence when there is a breach of the duty of care. The other elements must also exist along with a detailed explanation from the legal team. The Elements of the Negligent ClaimWith the duty of care comes a breach. This occurs when the facility knows of danger but does nothing to remove it. Injuries that happen through negligence often lead to lawsuits where the victim can pursue compensation for a full recovery. With the breach, the plaintiff must explain the causation between the breach and any injury sustained. The injury must become significant to seek compensation through litigation. With the services of a lawyer, the nurse can detail the injury, incident and how the hospital or other party is responsible for damages. Who to SueBased on the evidence of either negligence or a breach of the duty of care, the nurse may have one or more individuals or entities to sue. For a patient that attacks and injures the nurse, he or she can sue the patient and either obtain awards through insurance or by a direct attack on the person. However, the facility that has protections in place may not ensure the prevention of such incidents. This could lead to a lawsuit against the hospital or clinic. Then, the nurse will need a greater strength of evidence to pursue the claim legally in the courts. Evidence and the Lawyer’s HelpBy proving the elements of negligence, the nurse or Health worker can effectively sue the patient or hospital that employs him or her. This requires evidence. It is possible to acquire video surveillance captures of the accident or intentional damage. With witness statements, the video and a strong claim, the nurse can provide the courtroom with all necessary and relevant details and proof. With a lack of safety protocols in place, the hospital or clinic could face liability and owing damages to the nurse. The monetary compensation is necessary for recovery and to ensure the nurse can become whole after the injury. MisdiagnosisAlmost hand in hand with delayed care is another one of the most common causes – misdiagnosis. When a patient is misdiagnosed it can be months before they receive the proper diagnosis and the proper treatment to go with it. Treatment for a misdiagnosed illness can actually hinder recovery, causing more problems than there were to start with. There have been thousands of cases of misdiagnosis, in which the doctor or medical staff have failed to notice a serious disease, such as cancer, before it is too late. Misdiagnosis is not always life threatening, but it can have a big impact on the patient’s mental and physical well-being. Misdiagnosed fractures and infections are becoming increasingly common. Doctors are squeezed for time and will routinely miss things. Fortunately, it is rare that it causes a patient undue suffering. Medication ErrorsOn the list of ‘never event’ mistakes (errors which should never happen) and also on the list of most common causes is medication errors. Whether it be that a patient has been prescribed too much of a medication or the wrong medication altogether; the effects of these errors can be devastating. There have been cases in the last year in which patients have had their painkiller dosages doubled, to a fatal amount, due to simple carelessness of the medical staff. Medication errors are seen as ‘never event’ mistakes, yet this hasn’t stopped them from creeping into the top clinical negligence claim causes in the Utah. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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At What Value Should You Get A Trust For Estate Tax Purposes? Why Are Divorce Rates So High? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Criminal Code 76-5-102.7 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-102-7/ Divorce happens after a married couple does not want to be legally married and/or living together anymore; it is legally dissolving a marriage. How Much Does A Divorce Cost In St. George, Utah?There is a lot that goes into the divorce process. Filing for divorce costs alot in Utah, however, there is a lot more to a divorce than just a small fee. • Mutually agreed divorce: When a couple can agree on the terms prior to them filing for divorce, the cost can be significantly lower than if they are not on agreeing terms. The average cost of a divorce when both parties already agree on all terms for the divorce can be as low as $100-$400. When they are not on agreeing terms, it can involve divorce attorneys. Most divorces are far more expensive than just a few hundred dollars. How Long Does A Divorce Take In St. George, Utah?Utah divorce law says that a divorce has a minimum 90 day mandatory waiting period; this is a time where the spouses should ‘cool off’ and helps many people make rational decisions because emotions won’t be so high. Once the 90 day waiting period is over, the divorce may be completed – it will take at least 90 days to complete What Is An Uncontested Divorce?An uncontested divorce means that all of the aspects of your divorce have been agreed upon between you and your spouse. If you and your spouse can discuss and reach an agreement as to all the terms that you would like incorporated in your Decree of Divorce (and Parenting Plan if there are minor children), you can save your family thousands of dollars, and spare your family months if not years of litigation. How Do I Obtain An Uncontested Divorce?After meeting with you and collecting the necessary information, Lawyer prepares a Stipulation, that will contain all the necessary provisions that you and your spouse have agreed to, as well as all the provisions required by Utah law. After the Stipulation is signed by both parties, Lawyer will prepare all the additional documents necessary to obtain your Decree of Divorce from the court.Why Do I Need An Attorney If My Spouse And I Have Reached An Agreement On Our Own?Even if you and your spouse have reached your own agreement, and/or utilized the court’s online assistance program, you should meet with an attorney to ensure that you have included all the necessary provisions in your divorce decree. Unlike most civil cases, divorce proceedings never really close. A decree of divorce can be modified if there is a substantial change of circumstances, or reopened if the parties neglect to include a necessary provision. Modifications can be extremely costly and time consuming. You want to get it right the first time. Additionally, if you have minor children you may need to include a Parenting Plan which you will have to live with, and abide by, until your youngest child reaches the age of majority. You owe it to yourself and your family to meet with an attorney to make sure you has addressed not only the issues you and your spouse are currently facing, but also the issues and contingencies that you may be faced with in the future. What If My Divorce Becomes Contested?Unfortunately, many couples cannot reach an agreement or stipulation on their own. If you and your spouse cannot reach an agreement, A Lawyer can represent you at our hourly rates. The majority of contested divorces eventually resolve through settlement, and very few end in trial. Utah Law dictates that before a court will hold a trial in a divorce proceeding, the parties must attempt to resolve the matter through mediation. The Difference Between a Divorce and an AnnulmentThere are two options for legally leaving a marriage: divorce and annulment, and there are several similarities and differences between the two. Legally, some of the biggest differences include the type of evidence that is required to obtain an annulment vs. a divorce and the obligations to and from the former spouse with each ruling. Many religions define divorce and annulment as well, and the legal ruling does not necessarily have to align with the religious designation. The biggest difference between a divorce and an annulment is that a divorce ends a legally valid marriage, while an annulment formally declares a marriage to have been legally invalid. Divorce: A legal dissolving, termination, and ending of a legally valid marriage. A divorce ends a legal marriage and declares the spouses to be single again. No-fault divorces, in which neither party is required to prove fault on the part of their spouse, is legal in every state, though some require that the couple live apart for a period of time before either can file. “Irreconcilable differences” is often cited as grounds for a no-fault divorce. Common grounds cited for fault divorces can include things like adultery, imprisonment, or abandonment. Regardless of type, the divorcing couples may still have disputes about property, finances, child custody, and more that must be settled through court orders. Fault divorces can lead to larger settlements for the party without fault. Annulment: A legal ruling that erases a marriage by declaring the marriage null and void and that the union was never legally valid. However, even if the marriage is erased, the marriage records remain on file. Note that a religious annulment is not a legal dissolution of a civil marriage. There are different reasons for pursuing a divorce versus an annulment. At the core, ending a marriage is generally because one or both spouses want to leave the union. A divorce, which is much more common, is sought when the parties acknowledge that the marriage existed. An annulment is sought when one or both of the spouses believe that there was something legally invalid about the marriage in the first place. An annulment ends a marriage that at least one of the parties believes should never have taken place. If the marriage took place despite unknown facts, such as a secret child, or even a secret illness, it may be voidable. An annulment can also end a marriage if the marriage was not legal to begin with. This might occur if issues such as bigamy or incest made the marriage illegal. The legal grounds for obtaining an annulment vary between states, but typically include reasons like the following: Length of the MarriageOften, people assume that a very brief marriage can be ended with an annulment due to the short duration. However, legal experts disagree. While many states will not grant an annulment after a certain length of time, there is not an automatic annulment granted to end a marriage because the couple wants to end it after a short period of time. The marriage still has to meet one or more of the conditions above in order for it to be annulled. Legal AssistanceBoth types of marriage dissolution can be fairly complicated from a legal standpoint, requiring costly and lengthy legal proceedings. And both start the same way, with one or both of the spouses formally asking the court for either a divorce or an annulment. Either a divorce or an annulment can also be simple and low-cost if both parties agree to end the union without too many disputes or disagreements about how to do so. After a Divorce or AnnulmentAmong the differences between the two types of marriage dissolution: After an annulment, the marriage is considered to have never legally happened. It is as if the clock is turned back to before the marriage. After a divorce, the former spouses may still have obligations to each other, such as spousal support, joint childrearing, and division of shared property. Finances After Divorce vs. AnnulmentAfter a divorce, spouses are often entitled to a certain number of years of spousal support, alimony, or a portion of each others’ profits or property gained during the marriage. With an annulment, in contrast, the parties are not really considered to have been valid spouses and are not entitled to these same rights. Instead, they will revert to the financial state they were in prior to the marriage. Religious RulesMany religions have guidelines regarding divorce and annulment. Often, permission is granted by religious clergy or by written guidelines. Obtaining permission to have an annulment or a divorce from your religious leaders is usually a completely separate process from the legal process. The rules regarding divorce and annulment in your religion often determine whether one, both or neither of the partners has permission to marry again within the religion or in a religious ceremony or to participate in religious rituals. A court of law may consider your religious marital status but does not have to recognize the religious determinations when making rulings about spousal support, property disputes, or any other legal issues. Determining the Division of Property During a DivorceUtah domestic courts focus on providing equality to both parties. When going through a divorce, certain assets will need to be split between both parties. Division of property in Utah can be complicated as each case is unique. Utah recognizes two types of property in a divorce case: separate property and marital property. Separate PropertySeparate property is defined as property belonging to one spouse. The property owned by the spouse is normally acquired before the marriage, or property left to that person through a will of a deceased loved one or acquaintance. Marital PropertyMarital property is deemed as property acquired during the marriage. Both parties may or may not be on the deed to the property together, however the property is normally paid for during the marriage. The courts will consider several factors when determining how to divide property including: Debt and DivorceMarital debt is split during the divorce. Something that is not discussed is the role of the debtor in the new arrangement. Even if the debt is joined and your spouse agrees to pay for it, your credit can still be hurt if they fail to make payments. If your spouse incurred debt you were unaware of, you can be legally responsible for this debt as it is deemed joint debt. To protect you financially, Lawyer focus on full disclosure during settlement negotiations by requiring both parties to list all debtors, account numbers, and current amount of debt. St. George Utah Divorce LawyerWhen you need a divorce in St. George 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
Utah Criminall Code 76-5-102.6 Corporate Lawyer Herriman Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Divorce St. George first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/divorce-st-george/ Utah Code 57-1-2: Words Of Inheritance Not Required To Pass Fee.The term “heirs,” or other technical words of inheritance or succession, are not requisite to transfer a fee in real estate. The Rights of Heirs under a Trust or WillSooner or later many people find that they are going to inherit money or assets from a relative or friend’s trust or estate and that is usually a bittersweet discovery. They have lost a loved one or a good friend but are also going to receive an asset, usually tax free that can make a huge difference in one’s life. It is a gift of love from someone who often was an important part of life and that gift is often a very emotional event. And then the weeks, then months pass, and the asset somehow is not transferred and seems mired in various court or tax issues that delay the actual transfer. What was a gift from a friend or loved one becomes a matter requiring complex documentation, many meetings, letters or discussions, costs for attorneys and accountants, executors, trustees and even filing fees for courts. It may seem that the executor or trustee or legal and accounting professionals are grasping what they can from this gift of love. For many heirs, frustration and often anger mounts. We hear it all the time. What began as a gift ends up as a complicated and, at times, an apparent expensive exercise of bureaucratic inefficiency. Often the heirs have goals and plans for the inheritance that are delayed or made impossible as the probate process slogs along. The executor or trustee seems disinclined to move it along with efficiency yet seems to want his or her fees promptly. Tensions rise. Probate versus Trust AdministrationProbate: This is the public legal process by which a decedent’s property is distributed to the specified heirs under court supervision. An executor (if there is a Will) or administrator (if they die without a Will) is appointed by the court and that executor/administrator has the obligation to account for all assets, pay all creditors, pay all taxes, and, with court approval, make a formal accounting and then pay the remainder to the specified heirs. If there is a Will, the Will will specify the heirs. If there is no Will, the law will specify who inherits what. The executor or administrator receives a fee for his or her services, usually specified in a schedule published by the court and is allowed extraordinary fees if particular services are required, such as commencing litigation or selling real property. The executor or administer has a fiduciary duty to the heirs and is personally liable for failure to perform. The process is a public one with documents filed with the court and available in the court records. Normally, an accounting is filed within a year and the probate is closed with the court approving the final accounting and distribution one to two years after the probate begins. If taxes are due the probate will remain open for at least a year since there are tax advantages in that approach. Estate taxes are only due of the assets are substantial (over five million if a single person, over eleven million for a couple) but income tax returns may have to be filed for the estate. Attorneys are usually hired by the executor or administrator to handle the various legal filings and an accountant as well to help with the accounting and tax returns. The attorney’s fees are also set by court schedules with extraordinary fees available if there is litigation or complex business aspects to the estate. Accountants are usually paid their normal hourly fees.Trust Administration: If one has a trust, normally there is no public probate process and the terms of the trust appoints the trustee or trustees, describes their duties, describes what fees they are entitled to, and provides for distribution of assets either outright or in trust both during the life of the creator of the Trust (the “Settlor”) and after the death of the Settlor. Trust administration is often faster than probate, but taxes still must be paid, and attorneys and accountants are usually retained by the trustee. Trustees have fiduciary duties to the beneficiaries of the trust and while there is no probate filed, the court is available to enforce the terms of the trust. Basic Rights of HeirsAn heir is commonly thought of as someone who receives money or property from a person who has died. In legal terms, heirs are the next of kin and are the people who would normally benefit if the person died without leaving a will (died “intestate.”) The succession of intestate heirs is based on direct descendants, such as children or grandchildren. Other relatives, such as sisters and brothers, or aunts, uncles, nieces, nephews, and cousins, are called collateral heirs. If there is a written will, it specifies who will inherit and it often is not the people that would normally inherit intestate. A trust has “beneficiaries” rather than heirs, but they are treated the same as heirs in a will with their rights and inheritance being spelled out in the trust instrument. A person who receives property or a share of an estate under a will or trust has certain rights as soon as the will is probated, or the Settlor dies. Probate is designed to protect the rights of will beneficiaries. A trust beneficiary has the right to receive the share entitled in a timely manner and to receive written notice of the all substantive trust proceedings. A wise executor or trustee will provide ongoing reports to heirs and beneficiaries and, if the estate will take years to settle, will ask the court to allow preliminary distributions to the heirs. The fiduciary should promptly answer questions from the heirs as to status and the assets in the estate. Once the probate process has completed payment to creditors and taxes due as well as the accounting, distributions to heirs should promptly follow. While the trust document normally describes the process required of the trustee, the beneficiaries are also entitled to information as to assets, state of administration, and prompt payment of sums due them under the trusts. AccountingA beneficiary may ask the executor for an account of what actions the executor has performed for the estate. Any such report should be in writing, and the executor or trustee should be expected to provide supporting papers, such as receipts or canceled checks for payments, proof of asset transfers and statements from any estate bank accounts. The supporting papers must conform to the information the executor or trustee provides. Executor or Trustee Compensation ApprovalBeneficiaries have the right to object to the level of compensation an executor or trustee requests for services but assuming those requests are within the guidelines set by the court or trust instrument, such objections are unlikely to be approved by the court. Note that many executors do not wish to be paid since often it is a relative who acts as executor and they may waive compensation either due to family connections or because such compensation is taxable, and they may rather just inherit their share. In trusts, the compensation is normally set in the terms of the trust but if the terms are generic “reasonable” or “appropriate,” then the court is available to review and, again, conforming to the court schedule is usually required. Fairness to Beneficiaries and HeirsThe will or trust beneficiaries are entitled to an executor or trustee who performs duties fully and honestly and without favoritism. An executor must not act in a way that harms the estate or favors one beneficiary over another, behave in a dishonest or illegal manner or fail to abide by the legal obligations. An heir may petition the court if he or she believes the executor or trustee has failed to perform duties properly but note that the burden of proof is on the petitioner. Courts give executors and trustees discretion as to many decisions and will not normally replace business judgment of the executor or trustee with the court’s own. But self-dealing or using trust resources for improper purposes is something courts will not allow. Remedies can be extreme, including personal liability of the fiduciary, removal of the fiduciary, etc. Relief AvailableHeirs can seek relief from the court via use of a petition during the pendency of the estate, or later, a complaint for breach of fiduciary duty if the wrongdoing is discovered after the estate is closed. Such a process can be expensive and prior to filing a petition or suit, careful analysis of the potential causes of action should be conducted by competent legal counsel in the venue of the estate. A trustee is subject to court review if a beneficiary claims wrongdoing and that can occur during the time of the trust or thereafter, subject to the statute of limitations. Each heir is owed a fiduciary duty by the executor or trustee. Each heir is owed an accounting and information as to actions occurring in the estate or trust and each heir is owed prompt distribution of his or her inheritance. But the heir must act to protect his or her interest and that may mean filing a petition in a court of law seeking relief. Inheritance Law and Your RightsInheritance law governs the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance. Children, and sometimes grandchildren, also have a right to claim an inheritance when a parent or grandparent dies. Inheritance Law in Community Property StatesCommunity property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through the following methods: In a community property state, each spouse owns a one-half interest of the marital property. Spouses have the right to dispose of their share of the community property in whatever way desired. A deceased spouse, for instance, can elect to give his or her half of the community property to someone other than the surviving spouse. Spouses cannot give away the other spouse’s share of the community property, however. A provision in a prenuptial agreement may also change a spouse’s right to distribute the property. A spouse has the sole right to dispose of their separate property. A deceased spouse can distribute both their separate property and their share of the community property in a will. Inheritance Law in Common Law StatesUnlike a surviving spouse in a community property state, a spouse is not entitled to a one-half interest in all property acquired during the marriage. In a common law state, both spouses do not necessarily own the property acquired during marriage. Ownership is determined by the name on the title or by ascertaining which spouses’ income purchased the property if a title is irrelevant. If, for example, only one spouse takes the title to a property, the spouse with the name on the deed owns the house even if the other spouse actually paid for it. A surviving spouse in a common law state has protection from complete disinheritance, however. Every common law state has different guidelines, but most common law states’ inheritance law allows the surviving spouse to claim one-third of the deceased spouse’s property. A deceased spouse can choose to leave less than a state’s mandated inheritance right, but the surviving spouse may make a claim with the court to inherit the predetermined amount. The will is carried out according to the decedent’s wishes if the surviving spouse agreed in writing to accept less than the statutory amount or the surviving spouse never goes to court to claim the legal share. Inheritance Rights of a Spouse after DivorceOnce a divorce becomes final, many states automatically revoke gifts made in the will to the ex-spouse. In other states, a divorce has no effect on gifts to the ex-spouse. It is best to create a new will after a divorce becomes final to prevent an unintentional gift to a former spouse. Inheritance Rights of ChildrenUnlike a spouse, a child generally has no legally protected right to inherit a deceased parent’s property. The law does protect children when an unintentional omission in a will occurs, however. The law presumes that such omissions are accidental — especially when the birth of the child occurred after the creation of the will. Depending on whether a spouse survives the decedent, the omitted child may inherit some portion of the deceased parent’s estate. If the omission was intentional, though, the will should expressly state this. Rights and Liabilities of HeirsNo one is an heir to a living person. Before the death of the ancestor, an expectant heir or distributee has no vested interest but only a mere expectancy or possibility of inheritance. Such an individual cannot on the basis of his or her prospective right maintain an action during the life of the ancestor to cancel a transfer of property made by the ancestor. Gifts and Conveyances in Fraud of HeirsA person ordinarily has the right to dispose of his or her property as he or she sees fit, so that heirs and distributees cannot attack transfers or distributions made during the decedent’s lifetime as being without consideration or in fraud of their rights. For example, a parent during his or her life can distribute property among his or her children any way he or she wants with or without reason, and those adversely affected have no standing to challenge the distribution. One spouse can deprive the other of rights of inheritance given by statute through absolute transfers of property during his or her life. In some jurisdictions, however, transfers made by a spouse for the mere purpose of depriving the other of a distributive share are invalid. Whether a transfer made by a spouse was real or made merely to deprive the other spouse of the statutory share is determined by whether the person actually surrenders complete ownership and possession of the property. For example, a husband’s transfer of all his property to a trustee is void and illusory as to the rights of his surviving wife if he reserves to himself the income of the property for life, the power to revoke and modify the trust, and a significant amount of control over the management of the trust. There is no intent to part with ownership of his property until his death. Such a trust is a device created to deprive the wife of her distributive share. Advancements or gifts to children, including children by a former marriage, which are reasonable in relation to the amount of property owned and are made in Good Faith without any intent to defraud a spouse, afford that spouse no grounds of complaint. Good faith is shown where the other spouse knew of the advancements. If a spouse gives all or most of his or her property to the children without the other spouse’s knowledge, a rebuttable presumption of fraud arises that might be explained by the children. Debts of Intestate EstateHeirs and distributees generally receive property of their ancestor subject to his or her debts. The obligation of an heir or distributee to pay an ancestor’s debt is based upon his or her possession of the ancestor’s property. All property of an intestate ordinarily can be applied to pay his or her debts, but, generally, the personal property must be exhausted first before realty can be used. Rights and Remedies of Creditors, Heirs, and DistributeesThe interest of an heir or distributee in the estate of an ancestor can be taken by his or her creditors for the payment of debts, depending upon the applicable law. Advancements received by an heir or distributee must be deducted first from his or her share before the rights of creditors of the heir or distributee can be enforced against the share. Utah Real Estate LawyerWhen you need a real estate lawyer in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What Are Short Sales In Real Estate? Utah Criminal Code 76-5-102(6) Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Utah Code 57-1-2 first appeared on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/utah-code-57-1-2/ If you own a trademark and find that someone is holding it hostage as a domain name until you pay a large sum for it, you may be the victim of cybersquatting. Cybersquatting is registering, selling or using a domain name with the intent of profiting from the goodwill of someone else’s trademark. It generally refers to the practice of buying up domain names that use the names of existing businesses with the intent to sell the names for a profit to those businesses. The practice that’s come to be known as cybersquatting originated at a time when most businesses were not savvy about the commercial opportunities on the Internet. Some entrepreneurial souls registered the names of well-known companies as domain names, with the intent of selling the names back to the companies when they finally woke up. Opportunities for cybersquatters are rapidly diminishing, because most businesses now know that nailing down domain names is a high priority. Recognizing Cybersquatting• Check where the domain name takes you: As a general rule, first check to see if the domain name takes you to a website. If it does not take you to a functioning website, but instead takes you to a site stating “this domain name for sale,” or “under construction,” or “can’t find server,” the likelihood increases that you are dealing with a cybersquatter. The absence of a real site may indicate that the domain name owner’s only purpose in buying the name is to sell it back to you at a higher price. Of course, absence of a website does not always mean the presence of a cybersquatter. There may also be an innocent explanation and the domain name owner may have perfectly legitimate plans to have a website in the future. If the domain takes you to a functioning website that is comprised primarily of advertisements for products or services related to your trademark, you may also have a case of cybersquatting. For example, if your company is well-known for providing audio-visual services and the website you encounter is packed with ads for other company’s audio-visual services, the likelihood is very strong that the site is operated by a cybersquatter who is trading off your company’s popularity to sell Google ads to your competitors. What You Can Do to Fight a CybersquatterA victim of cybersquatting in the United States has two options: Using the ICANN ProcedureIn 1999, ICANN adopted and began implementing the Uniform Domain Name Dispute Resolution Policy (UDNDRP), a policy for resolution of domain name disputes. This international policy results in an arbitration of the dispute, not litigation. An action can be brought by any person who complains (referred to by ICANN as the “complainant”) that: All of these elements must be established in order for the complainant to prevail. If the complainant prevails, the domain name will be canceled or transferred to the complainant. However, financial remedies are not available under the UDNDRP. Suing Under the ACPAThe Anticybersquatting Consumer Protection Act (ACPA) authorizes a trademark owner to sue an alleged cybersquatter in federal court and obtain a court order transferring the domain name back to the trademark owner. In some cases, the cybersquatter must pay money damages. Defenses to ACPA lawsuitsIf the accused cybersquatter demonstrates that he had a reason to register the domain name other than to sell it back to the trademark owner for a profit, then a court will probably allow him to keep the domain name. What Can Be Done To Stop A Cybersquatter?There is little you can do to safeguard completely against cybersquatting, short of buying up all conceivable domain iterations of your brand name and its potential misspellings. The most you can do is follow the best practice of checking regularly to see if a copycat website has popped up, and know what to do should it occur. Since many cybersquatting sites will attempt to trick your computer into sending over your private details or try to install malicious software on your device, it’s vital that you have the appropriate vulnerability management in place before you go investigating. A managed security service can help you safeguard your personal information and your business against phishing software and other threats. If you’re operating a business, you may want to look into investing in some CASB solutions. Cloud access security brokers (CASBs) are software tools that act as gatekeepers between your business’s local infrastructure and that of your cloud provider, ensuring that any traffic reaching your business complies with your security policies. Once you’ve carried out the checks mentioned above and have come to the conclusion that you’re dealing with a case of deliberate cyberstalking, you can: Legal Mechanism for Combating CybersquattingThe Lanham Act is the primary law on trademark infringement in both the physical and the cyber marketplaces. Although the UDRP is the overwhelming choice of regime for cybersquatting in the 15 years of operation, Panels have handed down more than 45,000 decisions covering a multiple of domain names, the great majority of which favored trademark owners; there may be reasons for preferring a civil action, reasons that lie in the differences between the two regimes. While the ACPA and UDRP (and now the URS) have similar missions, they are differently constructed. The ACPA is an “either/or” model, which means that liability rests on proof that an alleged infringer either registered or is using the domain name in bad faith. The UDRP is an “and” model, which means that liability rests on proof that the alleged infringer registered and is using the domain name in bad faith. There is one other distinguishing feature that is particularly important and rarely highlighted, which is that the ACPA is a symmetrical and the UDRP an asymmetrical regime. With the ACPA, the prevailing party is entitled to injunctive relief, damages and attorney’s fees. For trademark owners this could be a primary incentive for a civil action, although it is also a double edged sword because, if the trademark owner overreaches its statutory rights, it will pay a heavy price in the form of attorneys’ fees and damages. With the UDRP each party bears its own costs and legal fees which are modest relative to a federal action. The asymmetry lies in the fact that only the complainant/trademark owner has an affirmative remedy, which is either cancellation or transfer of the domain name to its own name. For the domain name holder, the best it can get is a clean bill finding it either has a right or legitimate interest in the domain name, in which case it wins outright; or, if it lacks a right or legitimate interest the trademark owner fails to prove abusive registration. If the trademark owner has overreached by attempting a reverse domain name hijacking the Panel is authorized to issue a declaration to that effect, but the sanction is without economic penalty. The compensatory reasons for a trademark owner choosing the UDRP lie in the efficiency of its procedures and the quickness in resolving disputes. Reasoned decisions are generally delivered within 45 days of filing a complaint. Also, in the 15 years of its existence, the UDRP has developed an impressive jurisprudence that is partly based on trademark law, but which has essentially developed in much the same way as the common law, namely through successive decisions. This makes for a fairly predicable outcome in most cases. There is no appellate procedure under the UDRP, but if either party is unhappy with the UDRP decision it may commence a de novo civil action under the ACPA. Arbitrating Under The UDRPThe UDRP has a simple three part structure. For standing to maintain an administrative proceeding the complainant has to prove two elements: the domain name is either identical or confusingly similar to the trademark; and complainant has to have a trademark right. Applicants for trademark rights are ineligible. Other parties who may be aggrieved by a domain name registration but have no trademark rights (an individual personal name for example), have no standing to complain. If complainant has standing it must then prove that respondent lacks any right or legitimate interest in the domain name in issue. Finally, the complainant has to prove that the respondent has registered and is using the domain name in bad faith. The common denominator of bad faith is targeting a complainant’s trademark with the intent of profiting from it. Bad faith is defined by the respondent’s acts in either registering or using the domain name. There are four nonexclusive circumstances that, in practice, cover a good bit of the universe of possibilities. Bad faith is found on proof of Cyber LawCyber law, is been fast evolving into its own castigation pushing the traditional law firms into lucrative new legal areas. Legal combats most active area has been domain name disputes that involve indictments of trademark infringement, habitually by cybersquatters. Introduced by United States for the first time, cyberspace specific trademark legislation with Anti-Cybersquatting Infringement Act of 1999 (ACPA) was inclusive in US Trademark law. Trademark LawTrademark law, has advanced to certify that the consumer is not mislead with respect to the product source. Accordingly trademark law helps maintain quality assurance. The benefits extend to the trademark owner. A trademark signifies a substantial expanse of benevolence from the view point of trust and recognition of customers. Hence, the trademark becomes valuable assets to businesses that their owners are profound to protect. Internet being most widely used commercial tool, company’s haven been beleaguered by cybersquatters. These squatters register trademarks as domain names thereby not allowing the trademark owners’ have their website created using their own mark. Since domain name disputes encompass trademark, traditional trademark law has been applied as well bigoted competition, slander, distorted and deceptive practises and passing off. Domain Name DisputesIn 1993, very few businesses realised the commercial opportunities with internet still being in its infancy. The leading corporations were also slow to identify the use of technology provided by internet those days. In 1995, the number of domain names registered worldwide was 100,000 and 5 million in 1999. By 2000, this number jumped to 15 million domain names. In recent times, there has been a rapid increase in the growth of businesses and in respective domain name registration. Domain name registration has heated up from then. Trademark InfringementDomain name is the internet protocol address uniquely assigned to a single computer via internet. Once this IP address coincides with name of a business that moment it becomes a valuable asset. For instance, an IP address 192.160.1.30 when turned into something like puma.com, this leads us to a totally new world which would involve consumer recognition and loyalty towards the brand or trademark. The association with the trademark makes the domain name a profitable tool. 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!
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