Probate Lawyer Lehi Utah

Probate Lawyer Lehi Utah

Wills, individuals’ declarations of how they want their property distributed after their deaths, are the basic form of succession. In general, wills are characterized by three customary requirements: they must be written, they must be signed, and they must be attested to—that is, authenticated by witnesses. Of the three, the most formal—some would say, archaically so—and the most likely to act as an impediment, is the attestation requirement. All states currently dictate that between two and three witnesses formally attest to the validity of a will in front of a third party, often a lawyer, an accountant, or notary public. Under Utah law, there must be two witnesses. If you are making a will, speak to an experienced Lehi Utah probate lawyer.

This complex law of succession may sometimes lead to very absurd results. Thus, in all states, if a will is formally typed, failure to abide by proper attestation will most likely invalidate the will in the eyes of the court. At the same time, a number of states including Utah do recognize so-called holographic wills, wills that are handwritten and signed with no witnesses.

Regardless of the form of will, or no will at all, when an individual dies, his or her estate is subject to probate. Probate is a court proceeding in which debts are settled, taxes paid, and whatever is left transferred to the decedent’s legal heirs. Like the rules surrounding wills themselves, probate varies according to individual state law. Thus, in some states, if an estate is relatively small and the will uncontested, the probate procedure may be quickly and fairly easily consummated; other states retain more formalized and complicated probate procedures. Utah probate law is complex. Seek the assistance of an experienced Lehi Utah probate lawyer. The lawyer can guide you navigate the complex maze of Utah probate laws.
In general, probate involves four basic steps. First, the court will appoint someone to inventory and distribute the estate. Where the departed has left a valid will (in legal terms, where she has died testate), this person will be the executor named in the will. Where there is no will (where the deceased is intestate), the court itself will name an administrator.

The executor or administrator is then responsible for collecting, itemizing, and appraising all of the assets that are subject to probate. He or she then must pay outstanding debts and taxes, although most states permit a portion of the estate to be set aside for survivors, out of the long reach of creditors. Finally, what is left over is distributed to the estate’s heirs. Where there is no will, state law determines the legal heirs; in most cases, the estate is divided among the surviving spouse and the decedent’s closest blood relatives.

Although probate is the most common form of succession, it is not the only form. Property that was placed in a living trust prior to death or property held in joint tenancy may pass to beneficiaries without court supervision. So too may life insurance and retirement account benefits.

Using Life Insurance In Your Estate Plan

Under certain circumstances, you can use life insurance policies for estate planning. Speak to an experienced Lehi Utah probate lawyer to know how you can use life insurance policies for estate planning. For most successful family businesses, family members in the business will probably need to rely on life insurance to equalize the value of the business in their bequests to children not in the business. One common approach is for the company to fund insurance that provides a liquid distribution to family members outside the business. There are many ways of doing this, depending on individual circumstances. Split-dollar life insurance can be used to fund an insurance trust. With this type of insurance, the company gets back the premiums it has paid out at the death of the insured, and the beneficiaries of the trust can be the children not in the business. Parents can also buy survivor insurance, which pays only after both parents have passed away. This is probably the most affordable way to purchase life insurance, since the cost is reasonable and this type of policy may require no cash premiums after twelve to fifteen years.

If the size of the estate is such that it is necessary to give business real estate to children not in the business, you should consider creating an entity such as a family limited partnership or limited liability company. This partnership can create a lease formula for establishing rental fees under all possible scenarios, and guarantee that the children not in the business will continue to earn an adequate income from the rental fees, while the children in the business retain control of the property. Another solution, if the business is large enough, is to create one column trust that holds nonvoting stock for family members not in the business. Or forget the trust and just give them nonvoting stock.
Another way of creating cash to equalize the value of business assets is through a charitable remainder trust. This involves donating an appreciated piece of income-producing property in trust to a charity of your choice. You collect the income from the property during your lifetime; the property passes to the charity at your death. You receive a tax deduction for the present value of the property at the time of the gift, and the income-producing asset is removed from your estate, saving substantial estate taxes. You can then use the income you receive from the trust to purchase survivor life insurance. This plan reduces your estate and therefore your estate taxes, makes a generous gift to a worthy cause, and creates cash to equalize stock gifts to children not in the business.

Leaving control of the company to a widow or widower places too great a burden on someone unequipped to make the wide range of decisions needed to run a business. In addition, friction between parent and children is guaranteed if children who are keeping the company alive must go to a parent not in the business for approval of capital improvements. Depending on when the will is being written (i.e., if the founder’s children are still quite young), it can name an interim trustee to vote the stock that remains in the founder’s estate until those in the business reach a certain age.

Since the widow or widower will not be inheriting the business, estate plans should provide for that spouse’s welfare though life insurance or — as long as the necessary controls are in place — through rental income from the business real estate. As with making provisions to take care of children not in the business, it’s a good idea to place the business real estate in a family limited partnership that guarantees an adequate income for the spouse if the founder dies first, and passes both equity and control of the real estate to the founder’s children in the business at the time of the spouse’s death. By taking the burden of running the business off the shoulders of surviving spouses, they can go on with their lives, even if this includes remarriage, without disrupting their relationship with their children in the business.

One advantage of establishing a trust with assets with large unrealized capital gains is that you avoid paying the capital gains tax. A second advantage is that you receive an immediate income tax deduction for the gift of the assets in the trust to the charity in what may be the distant future year. In effect, the Internal Revenue Service (IRS) looks at the actuarial tables and estimates the year in which you are likely to die and hence the date when the assets in the trust will be transferred to the charity, and then determines the present value of this future gift. A third advantage is that the assets transferred to the trust will not become part of your estate and so your taxable estate is smaller. You also will benefit your favorite charities.

A charitable remainder trust provides that the charity receives the gift after your death. A charitable lead trust provides that the income from the assets in the trust goes to a charity for a specified number of years and then the ownership of the assets is transferred to the individuals designated in the trust agreement.

One of the major questions in estate management involves the timing of the transfer of ownership of assets to your children. One advantage to transferring ownership before death is that the income on the assets builds up your children’s wealth rather than yours, and so your taxable estate is smaller and hence the estate tax payment will be smaller. But such transfers involve loss of control.

Trusts can also be used to control the use of assets by an intended beneficiary. You want to transfer ownership of assets to your children or grandchildren but you’re worried that they might fritter away funds because of immaturity. You leave the funds to a trust that is established to manage the assets for the benefit of these individuals.

Stock Redemption Agreement

The sad truth can’t be ignored, however: Some issues cannot be resolved even with the use of a trust. The trustee may side with one party, and the other party may be furious, convinced that this decision will destroy the company. Or he or she may simply be fed up with struggling unsuccessfully to see things done their way. If the person who lost the vote feels bitter and resentful, he or she can turn to another fundamental element in our conflict-resolution plan: the stock redemption agreement. A stock redemption agreement makes it possible for any unhappy working partner to tender their stock and leave the company without disrupting the financial integrity of the business. Any family business that wants to survive for more than a few years after the death or retirement of the founder should develop a stock redemption agreement and require everyone who buys or inherits stock in the company to sign it. The stock redemption agreement is the major device for keeping stock of the family business in the family.
A stock redemption agreement must do two things: establish the price for which stock can be sold and regulate the circumstances under which family stock can be bought and sold.

It should also bind all owners of stock in the family business to sell their stock only to other family members or to the corporation. It should list situations in which the corporation will buy stock from individual family members, such as an inability to do one’s job because of illness, a wish to leave the company for an extended period of time or permanently (this takes care of the unhappy sibling who has seen too many votes go against him- or herself), and the death of a family member active in the company who leaves no heirs who wish to take over his or her position.
Since it would be impossible for every happy part-owner of a family business to keep enough liquid capital on hand to buy out an unhappy or unhealthy member, the corporation should maintain life insurance policies for all stockholders that will cover the purchase costs of at least one third the value of their stock in case of illness or death. The stock redemption agreement should indicate that if necessary the balance can be paid over time. This will keep the death of a partner holding a large proportion of the stock from threatening the financial viability of the company. If market value becomes much higher than book value, each partner can purchase term insurance on their own life. For partners between the ages of thirty and fifty this is an easy and reasonable way to protect their families in case of their untimely death.

Call And Hire Ascent Law

Every will has to pass through probate. The probate process is complex. Disgruntled relatives who have been disinherited can challenge the will during the probate process. That’s why you should hire the services of an experienced Lehi Utah probate lawyer.

Free Consultation with a Probate Lawyer in Lehi Utah

When you need legal help with a probate in Lehi Utah, please call Ascent Law at (801) 676-5506 for your Free Consultation. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506



Bankruptcy Lawyer Bountiful Utah

Bankruptcy Lawyer Bountiful Utah

When you are in the midst of deciding whether or not to file for bankruptcy, it can be an extremely stressful time. You may not be able to take proper decisions. That’s why you need someone to guide you. Speak to experienced Bountiful Utah bankruptcy lawyer if you are considering filing for bankruptcy. Utah bankruptcy laws are complex. One of the first things that you need to do when you are considering bankruptcy is choosing the right chapter. Depending on your specific circumstances and your debts, you may be eligible to file for bankruptcy protections under one of the various bankruptcy chapters. Individual debtors generally file for bankruptcy protection under Chapter 7 or Chapter 13. Bankruptcy can help you get most debts wiped out. Once the debts are discharged in bankruptcy, you are no longer legally liable for them. There is nothing the creditor can make you do. The debt does not exist anymore.

Chapter 7

A Chapter 7 bankruptcy proceeding is the most common form of individual bankruptcy. This is ideal if you do not have much assets that you want to protect. You have to pass the Bankruptcy means test to qualify to file under Chapter 7. Means test is a complex process. Let an experienced Bountiful Utah bankruptcy lawyer check to see if you pass this test. If you do not qualify under Chapter 7, your experienced Bountiful Utah bankruptcy lawyer will explain your options. You may be able to file for bankruptcy under other chapters and get your debts discharged.

Chapter 7 bankruptcy is essentially a liquidation proceeding. Liquidation is the legally process in which the assets of the owner are sold to pay off the creditors. So when you file a Chapter 7 bankruptcy proceedings, your assets will be sold and the money received from the sale will be used to pay off your creditors. All your assets will not be sold. Some assets are exempt and you will be allowed to keep such assets. Speak to an experienced Bountiful Utah bankruptcy lawyer to know which of your assets are exempt from a Chapter 7 bankruptcy in Utah. The bankruptcy trustee cannot touch the exempt assets. If you believe the trustee has taken over an exempt asset, get in touch with an experienced Bountiful Utah bankruptcy lawyer. The attorney can get the exempt asset released from the trustee.

Once you file a bankruptcy petition in Utah, the bankruptcy court will appoint a trustee to oversee your case. It’s the responsibility of the bankruptcy trustee to sell your assets and pay off your creditors. Once your file for protection under Chapter 7 in Utah, a bankruptcy trustee is appointed for your non-exempt assets. You can no longer do as you please with these assets. They are now under the control of the trustee. If you sell or deal with these non-exempt assets once the trustee has been appointed in your bankruptcy case, you can be in big trouble. Always hire the services of an experienced Bountiful Utah bankruptcy lawyer when you are filing for bankruptcy. Even minor unintentional mistakes can prove costly. Don’t take chances. Be safe. Speak to an experienced Bountiful Utah bankruptcy lawyer before you sell or deal with any assets during bankruptcy.

Chapter 13

If you do not qualify for Chapter 7, you can file under Chapter 13. Chapter 13 bankruptcy is also known as reorganization. This type of bankruptcy is ideal for individuals who have a source of income and have many assets that they do not want to lose in bankruptcy. The debtor in a Chapter 13 bankruptcy gets to keep his assets during the bankruptcy. In a Chapter 13 bankruptcy, you essentially pay off your creditors over a period of time under a court supervised payment plan. The plan must be submitted to the court. The plan must be prepared by you. An experienced Bountiful Utah bankruptcy lawyer can assist you prepare your repayment plan. The plan must be approved by the creditors. Sometimes the creditors may oppose the plan. In such cases, your bankruptcy attorney will deal with the opposition.
This Chapter is ideal for individuals with high valued assets. However, you must have a steady source of income to make the payments under the reorganization plan.

Before filing bankruptcy

Before you file for bankruptcy in Utah, consult with an experienced Bountiful Utah bankruptcy lawyer. The time just before filing for bankruptcy can be a very stressful one. Bankruptcy is a complicated process. Having an experienced Bountiful Utah bankruptcy lawyer assist you can make the process less stressful. You must provide your experienced Bountiful Utah bankruptcy lawyer with all the information he requires to file your bankruptcy. You should have the following information ready:

1. A full list of the debts you owe including the amount

2. Details of all the assets you own

3. All your property documents – deeds, titles, etc

4. Your tax returns for the previous three years

5. Details of all court ordered payments which are still pending to be paid or which have been partly paid

6. Any court orders passed against you

7. Child support payments that you are required to pay

8. All loan paper work

9. Details of your retirement account

10. Details of joint accounts

Bankruptcy law does not say that the debtor must be represented by an attorney. You can file for bankruptcy without an experienced Bountiful Utah bankruptcy lawyer. But you will be doing so at your own risk. Filing alone can be time consuming and confusing. An experienced Bountiful Utah bankruptcy lawyer can advise you on the various bankruptcy chapter and how you can get your debts discharged, the laws of Utah that will affect your bankruptcy filing and how to deal with your creditors till the time your bankruptcy petition is filed. The attorney will only be too happy to answer all your questions on bankruptcy and how you can get your debts discharged.

Creditors meeting

In a personal bankruptcy proceeding, the only time the debtor will be required to visit the bankruptcy court is for the creditor meeting. The bankruptcy trustee appointed by the bankruptcy court to oversee your bankruptcy proceedings will schedule this meeting. You must attend this meeting. This is the only time you will come face to face. Some of your creditors will question you. Never go to a creditor meeting without your experienced Bountiful Utah bankruptcy lawyer by your side. Let your experienced Bountiful Utah bankruptcy lawyer answer all the questions. Do not speak unless you have been asked to do so by your lawyer. The meeting will usually last less than 15 minutes.

During Bankruptcy

In a Chapter 7 bankruptcy you will have no control over your non-exempt assets. The trustee will take over your assets and they will be sold and your creditors paid off from the proceeds. If you have sold off any high value assets just before bankruptcy, the bankruptcy court can investigate the sale. It is therefore very important that you disclose all such sale transactions to your experienced Bountiful Utah bankruptcy lawyer before you file for bankruptcy. The attorney will then advise you on the steps to be taken.

In a Chapter 13 bankruptcy, you retain all your assets. However, do not indulge in any high value purchase or luxury spending. Your financial dealings will be closely scrutinized. Your creditors may point out to your new purchase and request the court that the payment plan be reworked. Speak to an experienced Bountiful Utah bankruptcy lawyer before you make a high value purchase or if you are likely to receive a hike in your income during the pendency of your Chapter 13 bankruptcy.

Cost of Bankruptcy in Utah

The total cost of filing for bankruptcy in Utah will vary depending on your Chapter of filing. The filing fee, which the debtor has to pay to the court is $335. However, there could be other expenses. Speak to an experienced Bountiful Utah bankruptcy lawyer to know the cost of filing for bankruptcy in Utah. No experienced Bountiful Utah bankruptcy lawyer will be in a position to quote a fee over the phone without meeting you in person and going through your papers. But the attorney fee is something you should never try to compromise on. You may end up having to pay more later.

Alternatives to Bankruptcy

An experienced Bountiful Utah bankruptcy lawyer will review your circumstances and let you know if there are viable alternatives. There may be alternatives but the question to be asked is “is the alternative a viable alternative?” A viable alternative is one that can work. For example, an alternative could be renegotiation. However, the creditor may ask for a lump sum payment upfront. This is not a viable alternative. Don’t get carried away by websites and advertisements that offer alternatives to bankruptcy. An experienced Bountiful Utah bankruptcy lawyer is the best person who can tell you if you indeed have a viable alternative to bankruptcy. If the lawyer feels you should try the alternative, you may indeed be better off choosing the alternative.

Credit Repair

Bankruptcy will adversely affect your credit. This in turn will affect your chances of getting credit after a bankruptcy discharge. When you get a bankruptcy discharge, speak to you experienced Bountiful Utah bankruptcy lawyer to know how you can repair your credit. The lawyer will advise you or may refer you to a reliable credit repair organization. There are many out there who are waiting to make a quick buck. You may come across advertisements or emails offering to remove the bankruptcy from your credit report for a fee. There is no way they can do that. A Chapter 7 bankruptcy remain on your credit report for 10 years while a Chapter 13 bankruptcy remains on your credit report for 7 years. Bankruptcy will also adversely affect your credit score. An experienced Bountiful Utah bankruptcy lawyer can advise you on how you can build your credit score post bankruptcy. A good credit is very important.

Hire legal help

The fees shouldn’t be the only criteria for selecting a Bountiful Utah bankruptcy lawyer. Hiring the lawyer who quotes the lowest fee is probably the biggest mistake you will be making. Remember bankruptcy filing is an emotionally stressful time. You need an honest and experienced Bountiful Utah bankruptcy lawyer. Integrity and experience should be the main criteria for selection of a bankruptcy lawyer in Utah. When you meet a bankruptcy lawyer in Utah, it is always a good thing to ask for verifiable references. Talk to the references. This will help you. Also make sure the attorney is qualified to practice law in Utah.

There are many reasons why you should hire an experienced Bountiful Utah bankruptcy lawyer. First of all bankruptcy law is complex. For a bankruptcy lawyer, bankruptcy filing is what he does for a living. He is a professional. This is what he does. On the other hand, for you it may even be the first time you are getting involved with the court process. It can be intimidating. Not to mention the stress. All this can be a recipe for disaster.

An experienced Bountiful Utah bankruptcy lawyer understands that taking the decision to file for bankruptcy isn’t easy. He knows what you are going through and will do everything necessary to make you feel at ease. It is his job to make sure that you file under the right chapter and submit all required forms and schedules to the court. He will accompany you to the creditors meeting and answer the questions for you. He will co-ordinate with the bankruptcy trustee appointed in your case. He will only be too happy to answer your questions during your bankruptcy. Remember it may be a personal bankruptcy for you but to succeed, you need to work as a team with your experienced Bountiful Utah bankruptcy lawyer. Do not conceal any facts from your Utah bankruptcy attorney. Disclose all information that you feel is important to your case. Remember he is your attorney and will not disclose what you say to him. The information that you provide your attorney is protected by attorney client privilege.

Bountiful Utah Bankruptcy Lawyer Free Consultation

When you have questions about bankruptcy or when you know you’re ready to file, please call Ascent Law at (801) 676-5506 for your free consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506


Can Divorce Cause PTSD?

Can Divorce Cause PTSD?

Divorce can be a traumatic experience especially if it happens suddenly. The pain and despair of finally being legally separated from someone who you have loved and cared for even if for a short period can be devastating. You have shared all your best and worst moments together. You even have a family. Everything is fine and all of a sudden it is not. Getting divorced from a person you have loved for years is never easy. Most divorces are stressful but not all can lead to post-traumatic stress disorder (PTSD), though some eventually do. Before we look at reasons as to why a divorce can lead to PTSD, we should first understand what it is.

What is PTSD?

According to the American Psychiatric Association (APA), Post-traumatic stress disorder is a psychiatric disorder that can occur in people who have witnessed or experienced a traumatizing event. PTSD is common to divorces that have occurred as a result of abusive marriages or relationships. People suffering from PTSD usually have intense and disturbing memories and thoughts that are connected to their experience. Reports by the American Psychiatric Association revealed that women are twice as likely to suffer from PTSD than men. This shocking result is also true in PTSD related to divorce or separation.

When it comes to marriages, abuse is not only physical but can be emotional too. People who have been in an emotionally abusive marriage can suffer from PTSD just like a physically abused person. The important thing is to know the symptoms so that you can to seek medical attention. It is common for people with this condition to have a horrible flashback or nightmares related to their traumatic event. You may also experience fear, general sadness, and anger.

Symptoms of PTSD after divorce

PTSD symptoms are classified into three major categories. These include the avoidance symptoms, the hyperarousal symptoms and the re-experiencing symptoms. It is important to understand that divorces are different and can therefore lead to different symptoms. For instance, while one person can be withdrawn and show sadness after divorce another person can be hyper and very active. However, the following symptoms are common to all those who are affected by PTSD.

● Depression

This form of depression experienced due to PTSD as a result of divorce is slightly different from normal clinical depression. This kind of depression is sometimes medically referred to as situational depression or an adjustment depression. It is usually very difficult to differentiate between these two types of depression because they might manifest in similar ways.

Common signs to watch out for include loss of appetite, fatigue, loss of interest in hobbies or work, irritability, suicidal tendencies, and low self-esteem among other signs.

Women experience depression differently from men. In women, depression can manifest itself in terms of sadness and low self-esteem while in men it manifests in terms of rage, irritability or lack of sleep. Divorce can also trigger pre-existing depression just like a pre-existing mental illness can be a cause of a divorce.

To be diagnosed with depression a patient has to show more than five or more of the signs and symptoms. It is advisable that you see a medical doctor or psychiatrist as soon as you develop the above signs. The doctor is likely to recommend antidepressants and psychotherapy. He or she can also prescribe art therapy or acupuncture and relaxation techniques such as yoga depending on the level of the depression.

● Nightmare

Our brains usually process our fears more at night than during the day. These fears are then expressed in the form of nightmares that make us toss and turn at night. It is a common occurrence for many different people to have nightmares after a divorce. This condition is even more common in kids than in adults. It is inherent for children to be affected by the stress associated with divorce. If such a thing happens, it is the responsibility of the adult to reassure the kids of safety and support.
Recent studies reveal that people going through a nasty divorce are likely to experience a major shift in terms of the content of their dreams. But the good thing is that the same studies conclude that the dreams and nightmares experienced can help the individuals cope with their current situation. The trick is to view the nightmares as a stepping stone rather than a deterrent.

● Flashbacks

It’s quite common for people who are divorced or are in the process to relive their worst or best moments through flashbacks. The flashbacks are usually triggered by a reminder such as seeing or experiencing similar events that you had together with your spouse. The condition can easily get out of hand and can be hard to manage. The flashback can start as a temporary occurrence and quickly develop to a complicated level where the person is not aware of the present at all. Understanding the triggers as well as knowing the early warning signs can go a long way in managing your condition.

● Emotional Outburst

This is regarded as one of the many hyperarousal symptoms of divorce-related PTSD. Emotional outburst such as the display of anger goes hand in hand with PTSD. When this condition happens to you, you can easily harm yourself or others around you. This is because the emotion is normally intense and can easily get out of control. In case of such a situation, the ideal solution is to learn to control yourself whether you are alone or around other people. Get help and don’t hold your emotions as this will lead to more aggressive behavior.

● Feeling of guilt

Guilt is usually defined as the sense of remorse caused by feeling responsible for some offense. The reasons why you are feeling guilty after divorce is you probably think that you are the sole cause of the divorce. Understand that the other partner might have played a significant role resulting in a divorce and that is not entirely your mistake. Yes, you might have contributed to a certain extent but you are not entirely to blame. Many people start a relationship with different reasons and the relationships end due to many other reasons.

● Short term insomnia

There is tangible evidence to proclaim that the stability and quality of a romantic relationship has a huge impact on health associated with sleep. The impact of divorce on our sleeping pattern cannot be ignored. Divorce is likely to trigger many sleeping disorders including insomnia if not well taken care of. A research study published by the US National Library of Medicine National Institute of Health shows that couples undergoing a divorce process are at a bigger risk of developing sleep disorders.
Stress associated with divorce is a major contributor to lack of sleep. Getting quality sleep is effective in helping to cope with the trauma caused by divorce. It is common for sleep-related issues to persist during and after divorce. However, after the divorce process, if finalized, the normal sleeping pattern is expected to resume. The adjustment is a bit easier in children than in adults.

● Memory problems

The brain responds to stress brought about by divorce by secreting certain hormones known as the corticosteroid from the adrenal gland. This hormone is known to cause short term memory loss according to studies and scientific experiments. Factors such as PTSD are also known to increase the secretion of the hormone further impeding your memory.

● Anxiety

According to the US Surgeon General close to 40 percent of people undergoing a divorce have reported a huge increase in symptoms of anxiety. Any major life change can result in anxiety but divorce is one of the biggest contributors. The major type of anxiety caused by divorce is separation anxiety. This the clinical word that refers to the state of emotional distress that is experienced when a person is separated from another person that they love or are close to.

Separation anxiety is common among children but can occur in adults too. There are many ways to deal with anxiety. Some people go for medication while others opt for other options such as therapy. The important thing is to know when your anxiety if getting out of hand and seek medical attention. You can also try exercising and going to the gym. Engaging in any physical activity has been proven to reduce stress and anxiety and this can be an effective method for you too. Whatever the case don’t lose hope continue to fight if not for you then at least for your kids.

● Substance Abuse

Many people resort to drugs, alcohol and other harmful substances after a divorce. Substance abuse and drug addiction is also a major factor that leads to divorce. Substance abuse can also affect the outcome of your divorce in many ways. For instance, child custody. A judge can make the rulings of child custody depending on the sobriety of the parents are guardians involved. The following are ways in which substance abuse can affect the outcome of your divorce case in court.
The amount of alimony. Normally the amount of alimony allocated will only be affected if the spouse or partner negatively impacted on the finances of the household. A judge can make his or her decision to award a sober partner more cash is the affected partner uses a significant portion of the finances on drugs or any other substance.
Custody of the kids. The magistrate or judge hearing your divorce case can allocate more time if not all to the sober partner. this is because the primary concern in any divorce case is the children. Other fs includes the allocation and division of assets as well as the general outcome of the negotiation in the divorce. Understanding that no amount of alcohol or drugs can change your current situation is the first step in healing.

The process of recovering from PTSD after divorce

In life no situation is permanent. Today you might be grieving or trying to recover from an emotional breakdown caused by a divorce and tomorrow you are laughing and enjoying life. Recovering from PTSD can be challenging especially if you have no one to take care of you such as your spouse. However, there are simple ways that can help you fight PTSD after getting a divorce.

1. Join a support group

Understand that whatever has happened to you might have happened to other people as well. Go out and get a different perspective from other people who have experienced or are experiencing the same issue as you. At the support group, you will be able to meet people who will give you practical solutions that they have tried and worked. These ideas can help you deal with the situation that you are undergoing.

2. Understand that your divorce might be a traumatic event

Acknowledging that you are undergoing a serious traumatic event can just be a cure in itself. Many people continue to experience post-traumatic stress disorder because of their life in denial. Understand that the divorce you are going through is a serious violation of your trust and will be traumatic. However only you can pick yourself up and move on as there is more at stake than just the marriage that has ended.

3. Take medication if necessary

Traumatizing events often lead to other medical conditions such as depression and anxiety. When this gets out of hand, they can be detrimental to your health. Seek medical advice and follow the prescription to the later and get back the normal life that you deserve.

4. Grieve when you can

Divorce results in many losses of very many important things. The betrayal, loss of family and dignity, loss of love and safety that comes in being in a relationship are some of the things that you should grieve about.

5. Consider psychotherapy

Psychotherapy also is known as talk therapy is considered one of the best and effective methods of healing a variety of mental illness PTSD being leading the group. Find a good psychologist within your budget and start your therapy sessions today. This will go along way in setting your path to recovery.

6. Try relaxation techniques and workouts

Going swimming or yoga can boost your blood circulation in the central nervous system and the brain. They will boost your moods and make you feel happy and help you deal with your current situation with a more positive outlook.

Divorce Lawyer Free Consultation

When you need legal help with a divorce in Utah, please call Ascent Law at (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506


Corporate Lawyer Alpine Utah

Corporate Lawyer Alpine Utah

Many small tech oriented business are being set up in Alpine Utah. Licensing is a great way for a small start-up business to grow. Often a start-up firm will enter into a licensing agreement with a larger firm. If your Alpine, Utah start up is negotiating a licensing agreement with another company, consult with an experienced Alpine, Utah corporate lawyer.
Unfortunately, what is clearly the highest priority for the start-up firm may not be as important for its larger partner. In many cases, the larger firm may decide to take a different strategic direction, often using one or more products that compete with or replace the products developed by the start-up firm. Accordingly, the start-up firm will attempt to build in mechanisms for retaining the interest of the larger firm, including prohibitions on competitive activities and milestones to be achieved in order for the large firm to retain its position as the exclusive distributor. Whether your are a start up, a small family owned business or a large corporation, you should seek the assistance of an experienced corporate lawyer when you are negotiating a licensing agreement.

Expropriation of Licensed Technology

When the licensee is an actual or potential competitor of the licensor, a real concern arises as to whether or not the licensed technology will be utilized in a manner that minimizes its value to the licensor. In some cases, it may be extremely difficult for the licensor to prevent a licensee from exploiting the licensed technology following the expiration of any statutory rights or the termination of the license agreement. In any event, negotiation of any licensing agreement requires that the parties carefully focus on any territorial limitations or other contractual restraints necessary in order to alleviate the concerns of the licensor regarding the use of the technology.

Risks to the Value of Goodwill

As a party to a licensing arrangement, you may have a concern about protecting the value of the goodwill associated with your products or activities. For example, if a licensor licenses trademarks to the licensee for use in connection with the distribution of the licensor’s products, it will want assurances that the licensee will maintain the quality of the licensed products in accordance with the expectations of the licensor’s existing customers. Similarly, when a firm licenses a new product from another firm for inclusion in its product line, it will want to ensure that the new products perform at the same level as the licensee’s other products. In either case, a failure of one of the parties to meet the reasonable expectations of the other has the potential for diminishing the value of the goodwill associated with that party’s business.

Licensee’s Costs of Exploiting Licensed Rights

For the licensee, the potential costs associated with fulfilling its obligations under the licensing agreement are not insignificant. Although the licensed technology may permit the licensee to pursue its plans to expand its existing product line or increase market penetration in the face of competitive pressures, the use and exploitation of licensed technology may require substantial outlays of capital. Moreover, royalty payments based upon the volume of production or gross sales must also be taken into account in assessing the costs of marketing the new products.
Obviously, the clause granting the licensee the various legal rights to exploit the technology embodied in the licensed subject matter is one of the most important terms of the license. As such, it is important for the parties to clearly understand all of the legal rights possessed by the licensor relevant to the proposed transaction, as well as the intended use of each of these rights by the licensee. This information allows the “granting clause” of the license to be drafted in a manner that precisely enumerates the rights to be given to the licensee and the permitted uses of the technology.

Many of the issues relating to defining the scope and use of the licensed subject matter follow from the fact that all of the various intellectual property rights are, in theory, divisible, and can be used, in whole or in part, by more than one person at a time for identical or dissimilar purposes. As such, the licensor has a good deal of flexibility in developing a network of licensing relationships that maximize the potential for full exploitation of the technology while permitting the licensor to maintain control over the activities of each of its licensees. On the other hand, the licensee will want to ensure that the license is broad enough to ensure it will be able to fully exploit all the underlying technology.
The key issues to be considered in formulating a granting clause are the definition of the actual legal rights to be the subject of the license; the permitted uses of such rights; whether or not the licensee is to have the exclusive right to practice and use the legal rights granted in the license for the purposes specified; and whether the licensee will have the right to grant further licenses (i.e., sublicenses) to third parties. The answers to each of the aforementioned issues will determine the scope and utility of the license grant, as well as the amount of consideration a licensee might well be asked to pay for the use of the license.

Definition of the Licensed Technology

The agreement should define the current and contemplated subject matter of the license, including each of the elements of the statutory rights and related know-how to be transferred from the licensor to the licensee. Also, since a license is an ongoing relationship, the parties must address the effect, if any, of changes in the nature of the licensed rights after the term of the license has begun, as well as the consequences of any improvements or enhancements to the underlying technology. While there may be an obvious temptation to simply describe the licensed technology in a manner that conforms to business, technical, or functional usage (e.g., all technology necessary to manufacture the gadget pictured in Exhibit A), it is important to carefully consider the actual legal characterization of the items to be covered, particularly if they will change over the period of the license.


Issued patents in all countries where the licensee will be engaged in the activities contemplated by the relationship should be included in the license, generally by reference to an exhibit that sets out the name, number, and date of issue of each patent. As a general rule, the license will cover all of the claims in the included patents; however, the license grant may be limited to only those claims necessary in order to allow the licensee to perform its obligations or satisfy its own requirements.

Patent Applications

The license agreement should include all patent applications filed prior to the date of the license, as well as any patent applications to be filed in the future with respect to any other part of the licensed technology (e.g., patent applications relating to technology originally licensed to the licensee as know-how). As described elsewhere, in those cases where it is contemplated that one or more patent applications will be filed with respect to a portion of the license technology, it is important for the license agreement to clearly allocate each of the various responsibilities that the parties will have relating to completing and prosecuting the applications.

The license agreement should specifically provide that the license will extend to the patent rights covered by an application when, and if, the patent is issued. Also, the license should be written in a manner that allows the licensee to use the technology described in the application during the period that the application is pending. This is important since in some countries a license of an application is only an agreement on the part of the licensor to license the patent when it is issued. In the United States, where patent applications are not published until the patent is issued, the license agreement should provide for the delivery of the patent application to the licensee and a license of the know-how set out in the application until the patent is issued.


Copyrights will usually be included in any distribution-based licensing arrangement, since the right to reproduce and distribute copyrighted material is an important element in those situations. Copyrights will also be included in software licenses, since copyright law protects many of the integral components of the software package. If copyrights are included in the license, it is important to list the title of the copyrighted work, the name of the author, and a brief description of the subject matter.


When the license relates to the sale and marketing of the licensor’s goods and services by the licensee, a trademark license is required in order for the licensee to use the logos, marks, and designs associated with the products. When trademarks are licensed, the parties need to negotiate the procedures for monitoring the quality of the licensee’s products.

Other Statutory Rights

In some jurisdictions, statutory legal rights relating to intellectual property may be denominated in a number of other ways. For example, mask works may be protected property under various statutes and, as such, should be so identified in the license. A mask work license should include a brief description of the mask or chip product, including any important features or functions, the process technology utilized to fabricate the chip from the mask work, and the part number assigned to the chip by the licensor.

Trade Secrets

Trade secrets, or know-how, are often an important, if not fundamental, part of licensed technology. For example, even if the licensee receives a license relating to the licensor’s patents, it is unlikely that the licensee will be able to fully exploit a patented invention without access to the concomitant trade secrets. Therefore, most patent licenses will also include a mechanism for identifying and licensing all of the trade secrets of the licensor necessary for the licensee to fulfill the purpose of the license. Moreover, in certain cases, the licensor may have elected not to seek patent protection with respect to a specified process, in which case the value of the license lies in the trade secrets.
A trade secret license presents more difficult problems in describing the licensed subject matter, and, in such cases, it is particularly important for the parties to agree on the procedures to be utilized to complete the transfer of information. In the license, the description should usually be broadly stated in order to include all of the knowledge, information, and experience possessed by the licensor in connection with the anticipated use of the technology. For example, the granting clause might include a transfer of all technical information necessary in order for the licensee to manufacture, market, maintain, and repair the products set forth in the license.

Changes in Legal Form of Protection

The license should include any changes in the form of legal protection originally provided for the underlying technology. For example, there should be little controversy regarding the fact that any patents issued with respect to items formerly protected as trade secrets should be covered by the original grant. Also, it might become advisable to claim copyright protection for portions of the written documentation relating to the technology.

Whether you are a small start up or a large corporation in Alpine, Utah, an experienced corporate lawyer can negotiate the best licensing agreement for you and ensure that your rights as the licensee or the licensor are protected.

Free Consultation with a Corporate Lawyer in Alpine Utah

When you need legal help with a business or company in Alpine Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506


Differences Between Copyright and Trademark

Differences Between Copyright and Trademark

Trademark and copyright are both forms of intellectual property, which is defined as a creation of the mind, such as inventions, literary and artistic works, designs, symbols, names and images used in commerce. Along with trademarks and copyrights, intellectual property can also be legally protected by patents. While trademarks and copyrights both relate to intellectual property, each protects a different type of asset. In general, a copyright is geared toward literary and artistic materials and works, such as books and videos, and is automatically generated upon creation. A trademark protects items that help define a company brand, such as its logo or slogan, and require more extensive registration through the government. Read on for specifics.

Copyright Law

A copyright is a collection of rights automatically vested to you once you have created an original work. A copyright is what businesses usually think of first when they have created an item of intellectual property and they want to make sure no one else uses it. Copyrights are used to protect an original creation which is put in tangible form and that is communicated somehow. Works which can be copyrighted include books, articles, works of art, fabric works, sculpture, photographs, poems, plays, dances, musical compositions, television and radio broadcasts, computer software, and industrial designs. Some of the creations that cannot be copyrighted can be trademarked. This includes:

• Works that are not fixed in some tangible form. For example, a speech that isn’t recorded or written out cannot be copyrighted.

• Titles, names, short phrases, and slogans, including book titles

• Familiar symbols or designs, typographic variations or coloring

• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devises

• Works that are common property or are in the public domain, like historical facts or measurement conversions.

Only the copyright owner is granted exclusive rights to reproduce the material, unless they sell their rights to someone else. However, there are limitations. Copyright only protects the original expression of ideas and not the actual ideas themselves.

Types Of Copyright

• Copyright in literary, dramatic, musical or artistic works.

• Copyright in other subject matter, such as sound recordings, etc. As a general rule, the first owner of copyright can decide to assign copyright or allow others to share, reuse or remix their material. If someone is copying your work, you can bring forth an action for infringement.

You should also be familiar with poor man’s copyright. This is the practice of sending your own work to yourself, thereby establishing that the material has been in one’s possession since a particular period of time. However, there is no provision in copyright law for any such type of protection, and poor man’s copyright is not a substitute for registration. Creative Commons is a great resource for those making things that need copyright protection. At a minimum, you can use the © symbol to denote a copyrighted work. However, in case someone does use your work without your permission or otherwise infringes your copyright and if it’s valuable enough you’ll want to file a form, pay a fee, and send a copy of the work to the Copyright Office to officially copyright the work. This will make it much easier to sue over the use of your materials by another party under States’ law, but it’s not always necessary. Registering also adds your copyright to the public record, and you will receive a certificate of certification. If registration is completed within five years of publication, it is also considered prima facie evidence in a court of law. Copyright law protects original works of authorship fixed in a tangible medium of expression. It does not protect ideas themselves; rather, it protects unique expressions of ideas.

After a copyright is obtained, the recipient holds the exclusive right to reproduce the original creation and craft derivative works. When you are the owner of copyrighted material, you decide how that material is used. If that happens without your permission, a copyright affords you certain legal protections, allowing you to collect damages for improper use. Copyright law protects creators as an incentive to continue to create. If the work could be used by just anyone, that incentive would be gone. The misuse of a copyrighted work is infringement.

Trademark Law

A trademark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of the goods of one party from those of others. A service mark is a word, phrase, symbol, and/or design that identifies and distinguishes the source of a service rather than goods. Examples include brand names, slogans, and logos. (The term “trademark” is often used in a general sense to refer to both trademarks and service marks.) Similar to copyright, a person does not need not register a trademark or service mark to receive protection rights, but there are certain legal benefits to registering the mark with the USPTO. There is rarely an overlap between trademark and copyright law but it can happen. Trademarks are an effective way to promote your brand and protect your products and services. Generally, trademarks are signs that operate as a distinctive mark. They enable consumers to identify goods and services between one owner from other competitors. The term sign is broad and includes letters, words, names, signatures, devices, brands, headings, labels, tickets, packaging, shapes, colors, sounds, and/or scents. Basically, anything which covers the surface of a product, such as the shape of a container, may operate as a trademark.

Trademark Protection and Registration

The Patent and Trademark Office indicates that a trademark protects words, names, symbols, sounds or colors that distinguish goods and services from those manufactured or sold by others and to indicate the source of the goods. This means that a company can register a trademark for its business name, slogans, logos and other items that essentially brand the product or company. Registering a trademark first requires doing a trademark search to ensure it’s not already in use. You need to do a trademark search to ensure that your branding materials are not already in use, and because of the potential for legal headaches, you might want to hire an attorney to assist in trademark registration.

For your trademark to be enforceable, you must first register it. However, you can only register your trademark if it satisfies the following:

• If the sign is capable of distinguishing the goods or services of the owner from those of other traders; and

• If it meets other requirements for registration.

Once a trademark is formally registered, you will have proprietary protection and the exclusive right to use, sell and license your trademark.. There are also numerous benefits to registering a trademark. Not only will your goods and services stand out from your competitors, but the unique features of your registered trademark will be protected throughout for the period of 10 years.

Copyrights and Trademarks as Intellectual Property “IP Law”

Copyrights and trademarks are both forms of intellectual property, which is a mental creation that has value to a business In addition to copyrights, trademarks, and service marks, intellectual property includes patents. From an accounting standpoint, because this intellectual property has value, it is considered an intangible asset (with no physical form) and IP can be bought and sold, or its use can be licensed, (sold to someone to use it). The main qualification for trade-marking something, according to the Trademark Office, is that a mark cannot be confused with another. If a name is part of a trademark, it must be unique. An attorney can do more thorough research on the databases; to be sure you are not using a trademark or copyrighting something someone else has first claim to. Fortunately, you have the right to file suit against people who use your brand and intellectual property without permission. Unlike trademarks, you do not need to register copyright because protection is given automatically. But copyright does not last forever. Under the Act, copyright in works created since January 2005 typically exist throughout the creator’s lifetime plus 70 years after the death of the creator. At the most basic level, a trademark protects logos and slogans while a copyright protects creative intellectual design. However, the copyright doesn’t protect short phrases often found in a logo; that is protected by the trademark.

Trademark: Trademarks protect names, terms, and symbols that identify and differentiate a company and its goods. A trademark gives the consumer the ability to distinguish one company’s goods from another’s. A trademark can include phrases, symbols, or designs, as well as images, colors, and even smells and sounds.

Protection: A registered trademark offers protection against improper use. The owner of a federally registered trademark can sue for infringement. It also helps the owner defend against imported goods that might infringe upon the trademark. Trademark law is handled at the state and federal level. Different laws afford different protections. A federally registered trademark offers more protection than a state level trademark.

Registration: Trademarks are registered with the Patent and Trademark Office or USPTO. A registered trademark offers the owner more protection against improper use, but a trademark doesn’t have to be registered to receive protection. However, enforcement is easier when the trademark is registered. A company name or product name can be trademarked. These are an important business asset. Controlling the mark and its use are important for a company’s brand management. A trademark is not automatic. Registering a trademark (or receiving the legal protections) requires two elements, distinctiveness and use. Distinctiveness means that it is unique enough to be closely associated with a particular product or company. This is often dependent upon context.

Types of Trademarks

There are many types of trademarks.
• Arbitrary trademark: The trademark has no relation to the use or product, like Android’s creature.

• Fanciful trademark: The trademark has no meaning on its own, as is the case for Google.

• Suggestive trademark: A trademarked word suggests what the product is, like Coppertone or Netscape.

• Product packaging or trade dress: The design of the product or packaging is trademarked.


A copyright and a trademark are protected for different amounts of time. A trademark is protected forever as long as proper procedures are followed. It must be renewed every 10 years. During the renewal process, a fee must be paid and use must be shown. A copyright lasts for the life of the author, plus 75 years. Material that doesn’t have an author retains the copyright for 95 years from publishing or 120 years after creation, whichever is shorter. A copyright will eventually fall into the public domain. A trademark will not. A trademark retains protection for as long as the trademark is renewed.


A trademark and a copyright have different symbols. A copyright is a circle c mark, like this ©. Registration of the copyright is not necessary to use the mark. An unregistered trademark or trademark that is not yet approved is indicated by a ™. Once the trademark is registered, it’s denoted by a ® mark. It is illegal to use this symbol without registering the trademark.

Online Infringement

Prosecuting online infringement of a copyright has come into the 21st century. With the Digital Millennium Copyright Act or DMCA, it is easy to process online copyright infringement. This is not the case with online trademark infringement. There is no digital process to protect online trademark infringement. For online trademark infringement, prosecution must follow the steps of an ancient, slow system.

Intellectual Property

Both a trademark and a copyright are intellectual property. Intellectual property is any creative work, including work in an intangible form.
Patent: A patent is another type of intellectual property protection. A patent most often protects scientific inventions and industrial designs. To be eligible for a patent, the invention must do something or have a function. A patent is registered through the USPTO.

Application of Law

As the world becomes more and more digital, intellectual property laws struggle to keep up. Law changes more slowly than the rest of the world. There are wide-ranging protections for both copyright and trademark. Unfortunately, what is protected under those laws can be disputed in the changing digital marketplace. Depending on what asset you are trying to protect, you might need a copyright, a trademark, both, or even some other type of intellectual property protection. There can be significant overlap between trademarks and copyrights. It’s better to have more protection than necessary than not enough. Trademarks and copyrights are important because they give a company or person protection against unauthorized use of their intellectual property.

Knowing the difference between a copyright and trademark also allows proper use of the intellectual property within the company. Improper use of a trademark can dilute it, which is a type of overuse. A diluted trademark becomes generic and may no longer identify or distinguish a company. Not enforcing trademark infringement also plays a role in dilution. This isn’t the case with a copyright. You can choose when and if to prosecute infringers. Knowing the difference between the two also saves you from looking foolish by trying to enforce a copyright with trademark laws.

Reasons to Use a Trademark or Copyright

The most important reason to use a trademark or copyright is to protect the intellectual property and assets of your business. Many companies underestimate the value of their intellectual property. This is a mistake. Understanding trademarks and enforcing them is especially important for a new company because this is the way a company distinguishes itself from other companies when entering the marketplace. An indistinguishable trademark limits the market value of the company and its products. Trademarks that are too similar cause confusion for consumers.
Trademark and Copyright Symbols Explained

Trademark ™

The ™ symbol denotes a trademark that has not been registered with the USPTO. This includes trademarks that are in the process of applying to the USPTO for registration. The ™ symbol denotes that the logo or image is being registered or used as a trademark. Unfortunately, the ™ symbol doesn’t guarantee that the trademark will not be used by others. Unregistered trademarks don’t receive the same protection as those that are registered.

Registered Trademark ®

The ® symbol denotes that a trademark is registered with the USPTO. It is illegal to use the ® symbol on an unregistered trademark. An ® symbol cannot be used on a trademark that is not yet approved by the USPTO; this includes active applications. A registered trademark receives more protection under trademark law than an unregistered trademark. Registration also makes it easier to identify first use of a trademark. First use is important when deciding infringement lawsuits.

Copyright ©

A circle c symbol or © is representative of a copyright. A copyright doesn’t have to be registered to legally use the © symbol. The © symbol notifies the public that this is a copyrighted work. The © symbol doesn’t have to be used for a work to be protected by a copyright. A creative work is automatically protected under copyright law. There are several differences between a copyright and a trademark, the simplest being that a trademark and a copyright protect different types of intellectual property. It’s important to understand the difference between a copyright and a trademark to make sure that your company is properly using the marks. Understanding of copyrights and trademarks also helps you protect your company from infringing upon someone else’s rights, as well as protecting the company from being infringed upon.

As seen above, the main difference between a trademark and copyright is that generally, copyright leans toward protecting works such as books, whereas trademarks protect your business’s brand.. Finally, whether an owner is required to register their work are another distinguishing factor, as well as the length of time the protection will exist. Despite the differences, both forms of intellectual property are extremely important for businesses. Therefore, business owners should understand and familiarize themselves with the benefits of obtaining copyright or trademark protection.

Copyright and Trademark Lawyer Free Consultation

When you need legal help with a trademark or copyright, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506


Can Credit Repair Help With a Student Loan?

Can Credit Repair Help With a Student Loan?

Credit repair is the process by which a person or a business can improve their ability to take loans by rectifying their wrong debt information in the credit report. Surviving with a lousy credit history nowadays is very critical. Most of the credit companies use your credit history information to rate you up. It can be done by paying your borrowed money as soon as possible and on time. I know you have been taking loans and sometimes you are unable to pay back on time. Save your reputation, it is better to pay loans on time, and in advance, for a time you will be in a fix. It is the way to get yourself into a good credit score record. When it comes to credit repair, you should follow these tips and tricks to help you along the way. When you need help with student loan credit repair, be sure to call Ascent Law for your free consultation.

Bad credit lowers your chances of borrowing

Typically what happens when you have bad credit report it increases your interest rates of borrowing. In addition to that, your credit score goes down, so it means more charges imposed on your credit cards arrears. To get back on track, you need to repair all your credits to get a more competitive interest rate. Helps you to cut off the money allotted for your interests.

Get higher credit limits

In most cases, your ability to pay loans on time earns you a better chance to stand for a more upper credit limit. With poor credit, the score is hard for your creditor to trust your ability to pay, and so they lower your loan limit. For your credits to increase, you need to demonstrate very high discipline on payment.

Evade the debt collector stigmatization

When it comes to repaying your debt, it means paying off those debt collection accounts. If you fail to harken on the payment, you might enter into stigmatization every time you see a reminder. Phone calls, letters, short send message is not what you would prefer daily. It can instill fear until you are relentless. My advice is you pay, and clear debt before the matter gets out of hand. The threats of a portion of your assets being taken to pay off debts are hazardous and stigmatizing.

To be in a position to get credit cards

Without the credit it means, you will use cash into paying everything. Generally, if you have a low credit score, it will be hard for you to get a credit card from any financial institution. It might not hit you as a problem until you need a very crucial thing in life that needs the help of a credit card. To save yourself from trouble clear your debts and try in as much as you can to maximize your credit limit rate.

To avoid paying a very high-security deposit

Financial service providers and other electronics company will reconsider your credit cards before permitting you to establish a service with them. Offsetting the risk of negligence, utility service providers impose you a deposit. If you make payments on time, you can be allowed to get your deposit back. When you do this your credit score raises and you are saved from being penalized in the form of deposits. Here are some ways to reconstitute your bad credit report

Pay your loans on time

To maximize your borrowing rate, you need to pay off your loans on time. Usually, if you pay your loans on time, the financial services company are lenient to maximize your credit borrowing late. They can build trust in you and your ability to pay on time. Reduced payment habit chance will deny you an opportunity to be trusted. You might think you are lucky your credit card is not listed, but in one way or another they will catch up with you if there is a late payment. Avoid any misconducts on any account, even small ones like library fines, school lunch, and medical bills. Paying on time portrays you are responsible, accountable an eventually trustworthy by your creditors.

Analyze your credit report

Most of the credit bureaus give out copies of credit reports, so you need to take them to analyze every detail therein. Although it is hard to find a mistake on a credit card report, it is essential to be defined. You can do this once per year on a long term loan and maybe after three months on short terms will put you in a better position to monitor your payments, any outstanding credits and errors made. Note everything down for future referral if need be.

Develop better credit habits

If you want to know who a person who their characters judge them. Your behavior speaks louder and clear of a person you are. You need to develop a unique and remarkable characteristic of payment when it comes to credit borrowing. It is possible when you replace your credit damaging and spending habit so that you are accountable. Start paying your loans on time. If you are not able to make sure you communicate on time. If you give the promise to pay by a specific date, pay to avoid inconveniences and interfering with your creditor’s plan. Concede that bad habits can ruin your reputation with creditors.

Recover any outstanding balances

You need to borrow again. Pay off all due credit to get another loan. It will raise your credit score. You need to go on a bare- bone budget to save off some cash to pay down your balances.

Yes, you will suffer for a short time, but once you pay, you can rejoice and free yourself from credit collectors threats stigmatization.

If you fail to make the payment on time, you might enter into stigmatization every time you see a reminder. Phone calls, letters, short send message is not what you would prefer daily. Can instill fear until you are relentless. My advice is you pay, and clear debt before the matter gets out of hand. The threats of a portion of your assets being taken to pay off debts are hazardous and stigmatizing.

Decide to open another credit card account

The primary reason why you need to open another credit account card is to maximize you’re late of borrowing. As long as you have no pending balance on your current accounts, you stand a better position to increase your credit ratings. Again you can look for a creditor who is relatively cheap on interest to work with.get a card that does not charge an annual fee; credit cards granted without annual fee tends to charge a higher interest rate. I would like you to be smart. The reason for this account is not to get more cash for yourself but to improve your credit score.

Find a guarantor who you can trust

Sometimes things do not go as we desire. If you can find someone who can stand in the gap in case you are unable to pay credits on time, the better. If your spouse has a better credit history, you can talk to him/her if you can befit from their excellent credit history. If they agree, you can enjoy using their credit cards. If there is late payment on this card, remember it will also reflect in your credits as well. Here are some of the benefits of paying credits on time.

It helps you to keep within a budget

In most cases, your due loan date may not line up with the time you receive your salaries. It is an indication you will not be able to pay on time as expected. It is good to be conscious of any unnecessary spending while you are unable to pay your credits. You can put a budget where you can pay your loans early enough to avoid inconveniences. You will position yourself at a safer side when it comes to borrowing from your creditors.

Most people are unable to control their spending once the money is at hand, so putting up this budget will act as a reminder to their credit dues. You can also decide to change your credit card due date to fit your payment date so once you get your salaries you can pay off the pending balances. If you think it’ll help you budget better, try calling your credit card company and asking them to switch the date.

Paying on time means you will spend less

Ideally, creditors will always impose a penalty on top of the interest they should receive on late. Payment.if you can pay off your credit cards bills on time it will give you a less free cash to spend. Saves your self the trouble from being blocked away from borrowing if especially its persistence.

Help you to avoid incurring more deposit on your arrears.

Utility service providers and other electronics company will reconsider your credit cards before permitting you to establish a service with them. Offsetting the risk of negligence, utility service providers impose you a deposit. If you make payments on time, you can be allowed to get your deposit back. When you do this your credit score raises and you are saved from being penalized in the form of deposits. Instead of being charged more, it is better for your credit score to rise.

You can open more accounts

With good credit card report, you can open other considerations that are favorable to you. It is because you can outlook the ones you are having and compare with others, their rating availability of funds, their services, and essential information. Another thing is you can be different cover accounts with loans from another account which help you to avoid late payments.

However, opening too many accounts is not handled positively by creditors, so you need to be very careful about what you are doing.

It helps you build your reputation

Lenders will rate you on your character of payment. If you pay your bills on time, they will increase your credit score so they can lend more to you. Building your reputation means creditors can trust you with their finances. If you reach a place where you cannot control the situation, talk it over with your lender, avoid being ignorant.

It helps you to deal with inaccurate data

In sporadic cases, you find erroneous information with the creditor, but it can happen. Go through your credit card report and see where there some errors made. It will help you reach out on time before it ruins your reputation. Any incorrect entry will reflect a negative image with creditors.

Helps you to avoid harassment from credit card repair agencies

Threats from creditors are very humiliating. When it comes to repaying your debt, it means paying off that debt on time before the creditors reinforce you to pay. If you fail to harken on the payment, you might enter into stigmatization every time you see a reminder, phone calls, letters, short send message (SMS) is not what you would prefer daily. You are relentless, and in fear, you get irritated, and you will not have peace of mind. Pay and clear debt before the matter gets out of hand. The dangers of a portion of your assets being taken to pay off debts are hazardous and a total disgrace.

Following the above information as a student, you need to understand everything about credit card repair clearly. Get equipped with information about where you can get help about loans and creditors. If you can win their trust, your education can have a future.

Many times you will want to start or advance your study, and you are short of funds you can reach your creditors for help. It can only happen if your credit cards report is intact. If this has not been your trend, then you need to develop well. Have a remarkable character. Be trustworthy with loans and payments. Having this in life will raise your credit score limit, and you will befit from it for a long time.

Credit Repair Attorney Free Consultation

When you need legal help to repair your credit, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506


Family Lawyer Bluffdale Utah

Family Lawyer Bluffdale Utah

Once you decide that the two of you are not capable of resolving your differences and that a mediator is not an option, you must change the way you see your situation and your spouse. You are no longer married in a castle by the sea, but are heading into divorce court with an adversary who is out to wreck you. There are certain steps you should take to protect yourself.

Hire a Family Lawyer Attorney

After doing your homework, hire an experienced Bluffdale Utah family lawyer. Lawyer bashing is fashionable in our society, and some of them deserve it. But there are attorneys who are skilled in their profession, who ask a fair price for their services, and who will try to use the law to your benefit. Because divorce and custody and child support are all legal issues, in most cases, you need an attorney. Even if you mediate these issues with your former spouse, you should hire an attorney to read the agreement. An experienced Bluffdale Utah family lawyer can be your best friend and asset in your divorce proceeding. But choose wisely. Ideally, the domestic lawyer you want specializes in representing divorced fathers and has an established track record in winning favorable settlements for these fathers in terms of custody, division of property, spousal support, and visitation.

With few attorneys specializing in divorced fathers, you are not likely to find one. Finding one who specializes in domestic cases is more likely and you should hold out for one with this specialty.

Domestic law, the law that will affect you and your divorce, is specific to each state. If you have moved to another state, an attorney in your new state will not be knowledgeable about the domestic law in the state where your divorce proceedings will be held. There are enormous differences between states with regard to the laws governing custody and divorce.
As a divorced father you must inform yourself of the custody laws in Utah and try to hire an attorney who has litigated cases in Utah.

Ask prospective attorneys to identify specific training they have had that makes them specialists in family law in the state in which the divorce will be held, the names of any professional organizations they belong to, how many divorced fathers they have represented, and the outcomes of several cases that have been to court. It’s your money you will be spending, and the average cost of a contested divorce is over $10,000.

Most attorneys offer an initial consultation at no cost. Interview at least two attorneys. In addition to their being a specialist in domestic law, make sure that they offer a refundable retainer. Lawyers charge between $100 and $300 an hour and many require a retainer or up-front money. A contested custody fight will require about 100 hours, and thus the total cost will be between $10,000 and $30,000. Most charge 10 to 15 percent of this as a retainer, requiring that you have between $1000 and $3000 up-front money. Because you want to get your money’s worth, make sure that your attorney offers a refundable retainer in case he or she withdraws from your case or you become dissatisfied. Otherwise, you have lost your money and will have to start over. You should also expect monthly statements detailing what your attorney has done for you day by day and the cost of his or her time. It is your responsibility to keep payments current. Should you not have money to hire an attorney, contact the legal aid society in your community and identify what resources are available to you.
In the initial interview, discuss the degree to which your attorney will prioritize your case. A specialist who spends no time on your case is no attorney. An attorney who is available to talk with you on the phone (as an attorney and not as a therapist) and to work with you in preparing your case is the attorney you want. Judges are required by legislative statute to make decisions based on the evidence. But your lawyer must invest the time to present the best possible evidence on your behalf.

In the event that you don’t find a specialist, or can’t afford to hire an attorney, or can’t find one who will prioritize your case, you may want to represent yourself (called pro se). Although an experienced Bluffdale Utah family lawyer will discourage this, our legal system allows you to do so but it may not be in your interest to do so.

Don’t Use Your Former Spouse’s Attorney

It may be tempting to use your spouse’s attorney in an attempt to save money. Don’t. Your spouse’s attorney has her, not your, interests in focus and both interests cannot be served. It is unethical for an attorney to represent both the ex-wife and the ex-husband. At the very least, hire your own attorney to review any document your wife asks you to sign. You may be surprised at what you find.

Sign Nothing Now

As a good general rule, sign nothing now. You are too vulnerable. Once you sign, you may not be able to recover from the damage she can do to you for your signature. Eventually, you will sign a court order having a judge’s signature and that of the respective attorneys. This is the only document you want to sign unless an experienced Bluffdale Utah family lawyer advises you to do otherwise.

Strike First

If your spouse is unwilling to settle your differences by talking with you or through a mediator, start the first inning of legal hardball. Contact an attorney, tell him or her you want out, and serve your spouse with papers. Beat her to the punch. Researcher Ruth Dixon and her colleague studied husbands who filed for divorce and observed that those who did so were much more likely to be awarded custody.

Stay in the Marital Home

Do not leave the marital home until your attorney tells you to. If you leave before the time is right, it could work against you. Husbands who leave their marital home can be charged with “abandonment,” which makes you look like the bad guy who now may owe your former spouse money in the form of “alimony” for leaving her. She may also charge you with abandoning your children to justify her getting custody and huge child support. Stay put until your Bluffdale Utah family lawyer tells you to move out.

React Quickly

Do not be surprised if a sheriff shows up at your door serving you with papers that give her temporary custody of the children. Translation: You lose legal control. Other court actions against you might be throwing you out of your house or seizing or freezing your assets. Fight such orders immediately. Your Bluffdale Utah family lawyer will know what to do.

End Your Financial Relationship with Your Spouse

Because in most states one spouse is responsible for the debts of the other, your spouse may be angry at you and go on a shopping spree. The bills will come in later and you are likely to get stuck paying them. One wife went shopping and put $1200 on the credit cards in one weekend. Because her husband had more income and was leaving the marriage, the judge made him pay off all of her debts. Once you decide that the marriage is over, call the number on the back of each credit card and cancel the card and call any stores you have charge accounts with and close those accounts.
Unless you move half of the money out of your joint checking and savings accounts and into a separate account, there will be nothing to stop your wife from taking all of the money out of the joint accounts and it will take you months to get any of it back. Only take half as that is the fair thing to do. Your wife can empty any account that has her name on it, and some wives do. If you and she own anything in common, fix it so that this is no longer the case. Otherwise, if you die, she gets it all. Your Bluffdale Utah family lawyer will advise you on this. You should also notify your local Credit Bureau that you and your spouse are no longer jointly responsible for any debts she may incur, and remove any business records from the marital home, preferably placing them in your lawyer’s care.

Exercise Caution in Your Personal Life

Now is not the time to take vacations, buy an expensive car, or move into expensive living quarters. Evidence of any affluence can be used against you to get you to pay more child support and/or alimony. And you will need money to pay your attorney!

Although you may have already become involved in a new relationship, do not consider moving in with her. In fact, don’t even be seen publicly with her. Judges view such behavior as abandoning responsibility to your wife and children and may punish you with stiff alimony and child support payments. Unless your formal separation agreement states that each of you can be with others, doing so can be used against you in court. Being free to date others during the period of separation is commonly referred to as “street legal.”

Be Alert to Sex Abuse Charges

One ploy used by divorced women who want full custody of their children and no visitation by their ex-husbands is to charge them with sex abuse. Although making a false charge of child abuse is a misdemeanor offense, few ex-wives are ever prosecuted. Fathers are vulnerable to such a charge by doing anything that can be regarded as suspect by a judge or jurors. Although bathing a 6-year-old or sleeping with one’s children can be innocuous parenting behaviors, they can be used against a father by an exwife yelling “sex abuser,” especially when the child in question is your daughter. So, as a divorced father, you must be aware that your ex-wife is at war with you and that by charging you with sex abuse she may succeed in keeping you away from the children. Be careful.

Don’t Abscond with Your Children

As noted earlier, don’t take off with your children without letting your former spouse know where you are going. Otherwise, she can use this against you and a judge can order that you only see your children under supervision. If you plan to go on a holiday with your children it’s a good idea to speak to an experienced Bluffdale Utah family lawyer.

As a married dad living with your children, access to them was never an issue. As a divorced father, unless the court document specifies that you have access to your children, you have no legal access. It is imperative that you determine the role you want to play in your children’s life/development and how much physical access you want to them so that this can be written into a court order to protect your role and access. What role and rights do you want as a father? Some fathers want full-time sole custody, others want joint custody, and still others want their ex-wives to retain custody while they have the traditional visitation of every other weekend, alternate holidays, and so on. Very few fathers want no contact at all. What do you want?

Primary Factors

A number of factors affect the amount of time a father wants to spend with his children and how much time he asks the court to award. An important factor is your children’s preferences. How do they feel and what do they want? You might simply ask them how much they would like to be with mom and dad. Most children have a preference for wanting to continue to be with both parents. But you don’t want to spend thousands of dollars on an expensive court fight if your children don’t want to be with you. Speak to an experienced Bluffdale Utah family lawyer.

Bluffdale Utah Family Lawyer Free Consultation

When you need legal help with a family law matter in Bluffdale Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506