Real Estate Lawyer Layton Utah

Real Estate Lawyer Layton Utah

Contracts can take a number of forms. The simplest, but least enforceable, contract is the verbal agreement. While verbal agreements can be highly efficient in terms of transaction costs and are frequently used among business managers who have long-standing relationships, the risks for property owners are typically too great to suggest their use to the same degree in construction. Moreover, with the advent of fax machines, there are fewer and fewer occasions when verbal agreements (e.g., to facilitate an emergency purchase) are absolutely necessary to get the work done in a timely manner. “The law has yet to catch up with the routine use of fax machines, making it questionable whether a contract is binding if its documents were sent and received by fax. Most cases have held that fax signatures are binding”. To say that all or nearly all contracts let property owner should be written is not to suggest that these written contracts should take the form of an elaborate document complete with seals and notarization or one that is finalized with a signing ceremony. In cases where the product or service being purchased is fairly standard and where nondelivery will not result in extensive damage to operations or service delivery, contracts can be as simple as a purchase order or a letter of intent or letter of agreement.

Purchase orders are entirely satisfactory if they are used with merchants who are making an offer of goods or services at a certain price. They may be less enforceable when used to purchase services from a consultant who may not be set up as a formal business.

Letters of intent can be used when the property owner is anxious to get to work on a project but has not yet completed the contract negotiations. A letter of intent is written by the property owner. It states the intent to award a contract if the parties can come to agreement on terms, payments, and conditions. It then sets forth a statement of the work that will be done prior to the completion of the contract terms and the payments that will be made for this initial work. Such letters of intent will also tend to formalize the right of the property owner to terminate the letter of intent under certain conditions. With these minimum conditions in place, initial work on a project can proceed with both the property owner and the service provider understanding the limits of the agreement. In essence, a letter of intent is a minicontract that outlines the basis on which a larger contract will be forged. While letters of intent allow a project to get started, they can potentially disadvantage the property owner in the ensuing full contract negotiations. This is particularly the case when the technology or service methods used by the provider are unique to that provider. When this is the case, it becomes much more difficult and costly for the property owner to consider switching to another contractor.

If service providers know this to be the case, they may choose to demand higher payments or other premiums during the contract negotiations. When the particular service technology or method used by the intended contractor is not unique, letter of intent agreements can advantage the property owner, particularly in cases where the property owner is unsure about the quality of work of the selected contractor. In this instance, a letter of intent arrangement can work similarly to an employment probation period. If the quality of the work is not satisfactory during the period when the letter of intent is in force, the property owner may choose to take a more demanding position during the contract negotiations.

Though they may not appear as formal contracts, letters of agreement or letter contracts are complete and enforceable contracts–once the letter has been acknowledged and accepted. The letter is typically initiated by the purchaser and sent to the provider or contractor along with a copy of the letter that has a place for the provider to sign and date a statement of acknowledgment and acceptance. This acceptance copy is then sent back to the property owner. Because the contract is in effect from the time that the acceptance copy is signed and dispatched, one of the responsibilities of the property owner is to follow up on letters of agreement that have been sent out but not returned within a reasonable amount of time. If a letter has been lost in the mail or misplaced in a property owner office, the property owner may nevertheless be constrained by the terms of the contract. With regard to this same issue, property owner should consider including in each letter of agreement that is sent out an expiration date on the offer being made. This provision is particularly important when the service or goods to be provided have a high level of cost or price volatility.

Letters of acceptance are typically used in conjunction with requests for proposals. Each of the proposals the property owner receives is essentially an offer or promise to do work upon notice that the property owner has accepted a particular proposal.

Formal contracts are typically used when the value or complexity of a service or product makes it necessary to build in a higher level of understanding between the property owner and the service provider. What distinguishes formal contracts from letters of agreement is both a higher degree of formality in the design and signing of the document and the presence of a number of legal clauses that tend to place special duties on one or more of the parties to the contract. It is the presence of such clauses that makes it advisable for the property owner to engage the services of an experienced Layton Utah real estate lawyer in the development and review of the contract.

Constructing a Formal Contract

All construction contracts be written and concluded in the form of a contract. One method that has proven successful in this regard is to have prototype or boilerplate contracts that include all the mandatory language, terms, and clauses that an experienced Layton Utah real estate lawyer has advised. Typically, property owners will develop some boilerplate language that will satisfy all conditions

Protective contract language and risk management

While boilerplate contracts can be used successfully in the majority of construction situations, use of protective contract language can also be taken too far. This is particularly the case when predicting and addressing every possible contingency for every possible outsourcing situation than with the efficiency and effectiveness of the outsourcing process. Part of the contract management process is to assess the risk that a contract will be breached and to identify the most cost-effective means of handling this level of risk. The property owner’s use of risk-management mechanisms can differ substantially from the results of an attorney’s desire to create air-tight contracts. This is the case because many of the clauses that an attorney may desire to include in a contract involve both direct and hidden costs. If these costs are not assessed and weighed against the expected benefits, property owners may pay substantially more than would otherwise be necessary to receive the benefits of the contract.

Good contract management requires that the property owners take certain steps.

Determine if the Risk Involved in a Particular Contract Is Substantially above Some Risk Standard

A typical standard might be the risk involved in purchasing a good from a reputable local merchant. Purchasing a good or service from a local merchant who has been in business for years, has numerous local customers, has a good credit record, and who has no outstanding complaints regarding the goods or services provided is generally a low-risk contracting activity. As such, one would probably not require any particular risk-management terms or conditions in the contract over and above the protections provided by standard contracting language and the Uniform Commercial Code.

Determine Whether Particular Risk-Management Clauses Are Appropriate to Particular Contracts

Risks can be grouped into two categories: risks related to inappropriate contract awards or award challenges and risks of the contractor failing to perform as expected.

In assessing a contract, the property owner will also want to review the contract and the contractor’s qualifications to determine the level of risk of a contract breach that the property owner will be taking on in outsourcing with a particular firm. By assessing the contract for specific types of risk, it becomes possible to begin to craft an appropriate set of contract conditions to address the type of risk foreseen.

Contract Provisions for Addressing Risks That the Contractor Will Not Perform as Desired

Warranties extend the time period in which a seller, supplier, or service provider agrees to assume responsibility for what has been provided as part of a contractual exchange. Standard commercial codes will often provide consumers some level of warranty. In many cases, this implied warranty will be sufficient for a property owner, but not always. For example, if the property owner intends to purchase a recycling truck with a loader that has been modified to handle special recycling bins, knowing that the seller must deliver a loader that is fit “for the ordinary purpose for which the goods are used” would not be satisfactory. An additional guarantee that the product or service will perform or provide service in a particular manner or be suited to the intended purpose may be desirable. Such a warranty can be added to the contract, but the contractor may not be willing to have such a clause added without some additional compensation.

Besides extending the implied warranty to intended, rather than ordinary, purposes, warranties can be used to extend the guarantee of serviceability beyond the delivery date, guarantee certain technical specification, or guarantee a replacement or repair in cases where defects are found. Here are some things to look for in warranty clauses:

• Time limits on the warranty.

• The “as is” clause. Be wary of this clause as it can essentially eliminate all warranties–including the implied warranty provided by states that have adopted the Uniform Commercial Code.

• A specification that the defect must be of a certain size or cost before the warranty can be triggered. Used judiciously, these clauses can lower the total cost of contract management. Because the buyer will not constantly be invoking a warranty clause over small defects, the contractor should be able to provide the goods or services for a lower price. This is the case because the contractor will not have to add staff to handle and check on numerous small warranty claims.

• Warranties for only a part of the product or service–such as a warranty of parts but not labor, or the drive train but not the rest of the vehicle.

• Required records. Some warranties will allow the buyer to have the good repaired or the service delivered by another vendor, but will require certain types of records before authorizing warranty payments. More often, record-keeping requirements are left unstated, but will still be necessary to make a claim.

• Repair sites. Some warranties require that the product be repaired only at an authorized site. This requirement can be crucial in cases where the authorized repair site is inconvenient or has a large backlog of work orders.

• Timing of claims. Sometimes warranty clauses require the buyer to notify the contractor within a short period of time after discovery of the defect. If this is the case, property owners need to keep track of this and to make sure that those who are likely to discover a defect will, if a defect is discovered, promptly communicate this fact to the property owner.
Indemnification clauses require the contractor to protect the property owner against losses or damages caused by the contractor. Indemnification can include protection against losses that are caused by the contractor when the contractor is working according to the specifications provided by the buyer. Indemnification basically shifts the burden of accountability to the contractor. The basic consequence of such a shift is that if the property owner is sued as a result of some activity that is covered by an indemnification clause, the vendor or contractor, not the purchaser, will have to pay damages if damages are assessed. Indemnification terms typically will include language related to loss, claims, damages, actions, and liabilities related to the work conducted as part of the contract.

Key phrases to look for in indemnification clauses include:

• Any and all claims –this term obviously tends to expand the scope of the indemnification.

• Bodily injury claims only –this term limits the indemnification claims to personal injury. However, as injury claims are likely to be the most substantial type of claim, the limitation may not be that substantial.

• Sole negligence –indemnification clauses can be triggered by the degree to which negligence is shared by the parties to the contract. For example, if the property owner wanted a very strong indemnification clause–one that would protect it against most claims–it might ask that the contract indemnify or hold harmless the property owner in all cases except for when the property owner was solely negligent. That is, the contractor would essentially take responsibility for damages or losses where there was some shared negligence.

• Expense limits –indemnification clauses will often be limited to a set amount of damages or to the limit of the contractor’s or property owner’s insurance.

• Obligation to defend –sometimes indemnification clauses will place an obligation on the indemnifying party to defend claims made against the party being indemnified.

• Expense deductions clauses –expense deduction clauses allow the indemnified party that has been sued to deduct the expenses for its defense from the payments that would otherwise be due to the other party or contractor.

• Subrogation or waiver of subrogation –subrogation refers to the substitution of one creditor for another. Sometimes indemnification clauses will include a waiver of subrogation which can have the effect of limiting the liability of the party being held harmless by the indemnification. Subrogation typically occurs when an insurance company pays off a claim. That is, in return for paying off the claim the insurance company will (according to the terms of the policy) gain subrogation right or the same rights as the policy holder would have to sue other parties that might have been responsible for the loss.

A good rule of thumb for property owners is consult with an experienced Layton Utah real estate lawyer whenever a complex indemnification clause is proposed by a contractor.

Layton Utah Real Estate Lawyer Free Consultation

It’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!

Michael R. Anderson, JD

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

Telephone: (801) 676-5506



Startup Tax Help

Startup Tax Help

It is
vitally important to understand your tax obligations when starting a small
business, including effective record-keeping and deductions. We’ve talked about helping startups here, here, here, and here.

Federal Business Taxes: Introduction

A new
business should be prepared for the kinds of taxes that they will be required
to pay. There are four general kinds of federal taxes relating to business:

  • Income Tax – Income taxes may be charged to
    businesses organized as corporations or limited liability companies
    (LLCs), while other businesses are taxed through the income of the
    principal owner. Business income tax is paid as-you-go; usually paid on
    income earned during the year. Employees, by comparison, typically have
    their taxes withheld from their pay. Businesses must frequently make
    periodic estimated tax payments throughout the year.
  • Employment TaxBusinesses with employees must
    pay certain employment taxes including Social Security, Medicare, federal
    income tax withholding, and federal unemployment tax.
  • Self-Employment
    Tax –
    tax is payment into the Social Security and Medicare programs by an
    individual that works for themselves.
  • Excise Tax – Businesses pay an excise tax
    when they purchase specific goods, such as gasoline. Excise taxes are
    often included in the price of the good sold, but there are also excise
    taxes on some activities, such as wagering or highway usage by trucks.

State and Local Taxes: Introduction

addition to federal tax obligations a new business should be aware of state and
local tax obligations. These obligations may vary greatly between states or
cities and it is critical that you investigate or contact local authorities to
determine your obligations early in the process of forming a business. Typical
obligations include payment of the following:

  • State Income Tax
    All businesses pay state income
    taxes. As with federal taxes some business pay taxes on their own behalf,
    while other businesses may be taxed through the income of the principal
  • State Employment
    – Employers may be required to
    withhold a portion of their employees’ earnings and pay them toward their
    income tax, unemployment tax, and state workers’ compensation insurance
    programs. Employers may additionally be responsible for retaining the
    business’ payroll and employment tax records for a certain number of
  • Local Tax – Small business owners may also be
    required to pay certain taxes to their city or county. Common local taxes
    include operating taxes, property tax, sales tax, and in some larger
    cities a separate income tax.

Taxes: The Importance of Record-Keeping

from the legal obligations a business may have to maintain accurate records
there are a number of reasons a shrewd businessperson will want to keep
comprehensive records. Financial records can help you monitor your business’s
progress. Profit can be difficult to determine without a clear record of income
and expenses. Accurate records can also help determine which business
activities are producing the largest profits for your business, allowing you to
direct your energy and assets to those activities that give the highest return.

records can assist in the preparation of financial statements for use in tax
filings or to apply for a loan or credit on behalf of the business. Maintaining
record of the source of receipts can help ensure that proper deductions are
claimed and deductions questioned by a tax authority have the appropriate
support. Comprehensive records assist with the preparation of tax returns and
provide a defense against any suspicion of wrongdoing.

Startup Tax Lawyer Free Consultation

When your startup need help from a tax lawyer, please call Ascent Law LLC 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


Bankruptcy Lawyer Heber City Utah

Bankruptcy Lawyer Heber City Utah

Before you file for bankruptcy, speak to an experienced Heber Utah bankruptcy lawyer. Bankruptcy can adversely affect your credit score.
Your credit score—the estimate of how likely you are to repay money that you might borrow to finance the purchase of a car, a home, or a refrigerator—is a valuable asset. This score determines whether you will be able to borrow money from anyone besides a pawnshop, your brother-in-law, or a loan shark and the interest rate you will pay when you obtain a mortgage to buy a house or use an installment sales contract to finance the purchase of a car.

Credit is very helpful in managing your financial life, and in two different ways. In the long run, the money going out more or less must match the money coming in—but in the short run, there will be shocks that will lead to a surge in the money going out relative to the money coming in, and access to credit can smooth the adjustments—and minimize the sharpness of the decline in your expenditures when there is a sudden drop in income or a one-time surge in emergency expenditures.

Moreover, credit often is needed to finance the purchase of “big ticket items”—homes, cars, refrigerators, and other durables that provide a flow of services over time. You can rent these assets, or you can “buy to rent,” or you can buy them with credit and repay the loan over three, seven, or thirty years. In each case, you make a series of monthly payments, and hence you need to know which form of acquiring the use of the assets is less costly. Credit usually is the lower cost choice—if you qualify for the credit.

One of the two basic types of credit is secured or asset backed; home mortgages and auto loans are asset backed because the terms of the credit contract provide that the lender has the right to acquire ownership of the asset if the borrower fails to adhere to the repayment terms. A loan from a pawnshop is a secured credit; the borrower leaves an electric guitar or the motorcycle or the diamond ring at the shop and receives a loan for ninety days. If the borrower fails to repay within ninety days, the pawnshop is likely to offer the goods for sale.

Unsecured credit means that the borrower’s credit reputation is on the line. The borrowers usually sign a note—an IOU that specifies the terms of the loan, primarily the interest rate and the repayment schedule. Most unsecured credits are for less than $5,000. The lenders rely on the assumption that most borrowers will repay on time to protect their credit reputations and their ability to borrow in the future. The lenders can always pursue the borrowers into the courts and force them into bankruptcy—which will make it difficult for them to secure credit for the next seven years.

Interest rates on secured credit are lower than on unsecured credit, because the risk of loss to lenders is smaller. Ideally the lenders would set the interest rate charged each borrower based on the likelihood that the borrower would not repay. The greater the likelihood that the borrower would not repay, the higher the interest rate. You might think that the lenders would like to set the structure of interest rates so that they are indifferent between low-risk borrowers and high-risk borrowers after adjusting for losses and the costs associated with managing these losses—for example, the costs associated with homes that they have acquired through foreclosure or the costs associated with repossessing an auto if the borrower has not repaid in a timely manner. In fact, the lenders set the interest rates so that high-risk loans are more profitable than low-risk ones, even after adjusting for the greater likelihood and higher costs of the losses. One reason that high-risk loans are more profitable is that these borrowers have fewer alternatives; they can’t easily take their business to other lenders. The firms that make “payday loans” are immensely profitable.

Credit cards differ from checks and debit cards because they bundle the payment with an “automatic loan,” since you pay with “other people’s money”; you prequalified for what in effect is an unsecured loan when you received the card with its credit limit. (Often the credit limit when you receive the first card is $3,000.) Once you’ve received the card, you’re free to draw on the line of credit.

The rewards credit cards differ from the no-rewards credit cards in that you receive something back, often cash or frequent flyer miles. One rewards card provides 1 percent back on purchases of x, 2 percent back on purchases of y, and 3 percent back on purchases of z. Another type provides “points”—for example, accumulate 10,000 points (often you earn a point for each $1.00 of expenditure) to buy a vacuum cleaner—or you can accumulate frequent flyer miles (FFMs) that will be added to the FFMs that you accumulate when you fly on the airlines. (In effect, the airlines sell FFMs to the banks and the others which they “give” to you when you buy their goods and services.) Figure that these rewards amount to 1 to 2 percent of the value of your purchases.

The supplier of the line of credit is likely to be a bank, but it could be a specialized lender or travel firm like American Express. If you pay the bill from the lender within the grace period—say, fifteen or twenty days after you receive your monthly bill—you are not charged interest. In effect, the lender makes you an interest-free loan for two or three weeks, twelve months a year. The firms that issue the credit cards are not charities; they incur costs of $150 to attract one more user of credit cards. These firms view you as a profit center. They have three sources of income to offset the costs incurred in attracting more users of the cards and in making the interest-free loans.

These lenders buy the IOUs from the gas stations and the supermarkets and the department stores that you have produced when you used your credit card for $0.97 or even $0.95. (These sellers hate these fees; they feel they are being gouged. But they have little choice, because if they didn’t take the cards, many customers would take their business to their competitors that take cards.) Most of these sellers have raised their prices to offset most or all of the haircut they take when they sell $1.00 of IOUs to the lenders for $0.97. (Some of these sellers have established their own cards to reduce the amount they have to pay the credit card companies.) Assume that you charge $1,000 a month, or $12,000 a year—that’s $360 of income to the lenders from being able to buy your IOUs at a discount.

Moreover, these lenders have a lot of data that indicate no more than 50 percent of those who use credit cards will repay the amounts due within the grace period, so they now have a set of borrowers who are on the hook and paying interest initially that is in the range of 12 to 18 percent.

Finally, you may have paid an annual fee of $60 or $85 for the card. Some upscale cards have annual fees of $395.

Once you have a credit card, keep it; don’t change cards even if some other vendor has a card with a low teaser rate—the lenders take the stability in your relationships seriously.

Improving your credit rating by reducing your average monthly balances relative to the limits means that you may need to reduce your spending relative to your income. But that’s a one-time adjustment that may take three or six months—once you’ve dieted, you will have the benefit of lower interest rates for an extended period. For example, assume that you are stretched and that you are carrying $8,000 of credit card debt from one month to the next. The interest rate probably is in the range of 20 to 25 percent—so you are paying $1,600 to $2,000 a year in interest. As you work off the debt, the interest payments decline. Commit to a few rules that will enable you to reduce your indebtedness by delaying some purchases until you are able to pay the monthly bill in full when it arrives.

Several million families a year file for bankruptcy because of the burden of their credit card debt. The usual pattern is that when the monthly bill arrived, they took the easy way out—they paid the minimum required by the lender, which might have been as little as 5 percent of the amount due.
The interest rate was probably in the range of 12 to 15 percent, so the amount due would be increasing even if they paid the minimum. In effect the borrowers are on a treadmill; the indebtedness on their credit cards has morphed into a “permanent loan,” and they have little hope of paying down the indebtedness unless they either win the lottery or adopt exceptional measures to squeeze their consumption spending relative to their incomes. Assume that their indebtedness is $8,000 and their income is $40,000. The interest rate on the indebtedness is 24 percent, and so their interest bill is $1,920 a year. A lot of money. It didn’t start out that way. But compound interests compounds, and if you are slightly late with one payment, then you are charged a fee—yes, the fee was noted in the fine print, but you ignored the print.

There are five ways to get off the treadmill. Declare bankruptcy. Negotiate a reduction with the lender (good luck). Semi-starve. Refinance by increasing your home mortgage, or sell the car and other big-ticket items.
Getting off the treadmill is so difficult that you are well advised to avoid getting on the treadmill. Pay your credit card balance in full every month.

Mortgage rates are usually lower than rates charged on business or consumer loans, in part because a house serves as collateral that the lender can possess if the loan is not paid. Interest rates on business loans are usually lower than those on consumer or credit card debt. Interest rates charged on credit card debt are particularly high because people who delay payment and use this debt most are those who are short of cash and have a relatively high likelihood of default. The principle that the interest rate charged on debt depends on the default risk of the debt applies to all borrowing. If debt is perceived as riskless, the rate charged will not be much higher than the rate for riskless government debt. In making a risky loan, however, investors require that the interest rate be higher.

The test of a successful financial plan is whether the end of a regular salary check will have a baneful impact on your spending. You want to be sufficiently confident about your financial future so you won’t be in the large majority that fears they will outlive their assets.

No matter how hard they may try, borrowers may end up being unable to keep the debt obligations they have incurred. What happens then depends on the law and on what their creditors and the bankruptcy court decide to do.
When a borrower defaults on a payment, the lender usually waits and sees whether the payment is just late. The lender might impose a penalty for late payment. Going to court to try to collect debts or seizing a property that serves as collateral is time consuming and costly. The lender may eventually take legal actions to enforce the collection or trigger bankruptcy proceedings. If the borrower persists in default, the lender is likely to take legal action. By filing for bankruptcy protection, you can prevent the lender from taking legal action against you to recover the debt. An experienced Heber City Utah bankruptcy lawyer can help you with your bankruptcy filing.

Heber City Utah Bankruptcy Lawyer Free Consultation

When you need bankruptcy help, whether it is a chapter 7, 11, 13, 12 or 9, please call Ascent Law LLC 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


Entertainment Law

Entertainment Law

Suppose there is guy named Steve —who is pursuing his carrier in music. All the day he writes his lyrics of the songs that he will later work on as song. He has made schedule elucidating on what time he will be singing and on what time he will scribbling his thoughts on the paper. Apart from he does nothing. His days starts with his singing instrument and even ends with him alongside with his bed.

As he is engulfed in his music, he does not care about all the other business transaction that happens. He is totally inclined in his music career. But sooner or later, he will need help regarding aforesaid mentioned negligence. He reaches out to the office of law firm so that could provide helping hand in taking caring of all that mess. These kind of firms have know-how about all kind of nuances related to business and legal activities of entertainment industry as these firms handle agency contracts, contracts of the recordings, management contracts, merchandising, copyrights, performances contract, trademarks and royalties and residuals. As this law office will do all this stuff.

Steve will get all its time give all of himself to the music. This is how entertainment laws and entertainment attorney help candidates with their businesses.

Entertainment law is surrounds the application the contractual, property related, and intellectual law regulations for the users that are engulfed in to the entertainment industry. They are simply legal services for entertainment industry. Entertainment law is the one of the sub-divisions of commercial law. The gamut of entertainment law extends to the different form of the media, those are music, theatres, sports, dance, literature, architecture, visual arts, TV industry, radio, and internet. These laws are more familiar with intellectual property laws but there are some sides that may reflect the involvement of the fields such as queries of employment law, labor law, intellectual property incorporating trademarks, copyrights and publicity rights, immigrations laws, bankruptcy, security law, security interest, laws of agency, rights of privacy, laws pertaining to defamation, clearance of rights, international laws, and insurance laws may be asked in the litigation related to entertainment law related matters.

Attorneys who are engaged in entertainment laws are termed as “Entertainment Attorneys”. They are ordinarily involved in two kind of activities; either they are contacted to protect the interest of the clients when things derail or they are hired to bring the best interest for their clients. Here clients are also saved from the copyrights infringement by any of fellows. Attorney do the protection. Lawful issues may emerge at any phase in the production of unique works of excitement. Amid the creation organize, formal contracts are expected to set forward the separate privileges of the gatherings engaged with the venture. For instance, an on screen character having an impact in a business will be approached to sign an ability discharge.

This record is a legitimately enforceable understanding whereby the entertainer gives the maker the privilege to utilize his or her name, similarity, voice, and execution in return for money related remuneration. The terms of these and other creation understandings must be consulted by the gatherings and looked into to guarantee they conform to the law. Amid the authorizing and conveyance organize, any number of lawful issues can emerge in the dealings between the proprietors of a work of entertainment and the individuals will’s identity scattering it to people in general. For instance, somebody who holds the copyright to a common tune may go into an eminence concurrence with a radio station. Each time the radio station plays the tune, the copyright holder gets a sovereignty installment. Comparative understandings are fundamental when secured works are dispersed through different mediums, for example, the web. Excitement law oversees these sorts of exchanges and offers insurance against theft and unapproved use.

In the state of Utah stimulation legal advisors are decidedly ready to manage each type of entertainment law. The troublesome and confounding nature of distributing contracts, copyrights, recording bargains, and numerous other lawful exchanges a craftsman must experience makes looking for expert lawful direction an unquestionable requirement for any individual wishing to really succeed. By enabling entertainment attorneys to adapt to the legitimate bad dreams of your profession, you can concentrate on the making, making, and seeking after your excitement dreams.

An entertainment law may give lawful direction in regards to the accompanying:

• Music creation and authorizing

• Copyright assurance

• Unapproved scholarly production

• Record mark association

• Rights securing understandings

• Recording contract exchange

• Promoting and sponsorship understandings

• Live execution and visiting exchanges

• Audit and exchange of film dissemination understandings

• Audit and exchange online substance permit understandings

• Goals of communicate permitting and administrative issues

• Arrange and draft generation understandings

• Arrange and draft film and TV ability understandings

• Give legitimate help with respect to sovereignty questions

• Case of trademark encroachment.

An Entertainment lawyer is an individual—legitimately approved to manage issues identified with entertainment and media law. Giving support of the entertainment division and managing the regions of entertainment law which may cover with protected intellectual law frames a fundamental piece of his or her obligation. The lawyer may work in the various zones of entertainment field, for example, film, music, TV, radio, theater, media, distributing, visual expressions and plan, and criticism. Obligations may incorporate dealing with all parts of lawful clearances for real life amusement discharges just as prompting advertising and innovative work force. May arrange permitting of music, ability and contract terms and may supervise trademark and title freedom demands from brand through corporate legitimate.

A entertainment lawyer additionally, surveys and oversees advancement and dispersion understandings to guarantee legitimate consistence with their terms. Likewise, surveys and favors DVD extra materials which may incorporate music, ability, outsider rights issues, VHS and DVD wraps, marks, refunds, exposure duplicate of TV spots and trailers. Can likewise play the job of middle people for groups and administrators. Entertainment lawyers frequently face troublesome irreconcilable circumstances. For instance, a lawyer who has spoken to a record organization is frequently sought after by a recording artist to shop the artist’s material to that organization.

The artist realizes that the organization will regularly confide in the lawyer’s assessment of the artist’s attractiveness, which gives the artist a superior shot of acquiring an account contract. The lawyer, be that as it may, is frequently aware of secret data about the record organization, or still speaks to the organization in related exchanges. Lawyers and artist have been associated with a few prominent debates as a result of such irreconcilable circumstances.

A run of the mill typical day for a entertainment law value-based lawyer may include: Drafting and arranging advancement and creation contracts, for example, essayist understandings, ability understandings, and recording understandings. Chipping away at financing understandings for sponsorships, bank credits, co-creation speculations, gifts, and different kinds of ventures. Getting ready structure understandings for customers, for example, appearance discharges, area discharges, and permit understandings. Investigating contracts and other authoritative archives to dissect rights issues or different business or legitimate inquiries. This work includes lawful ideas over numerous branches of knowledge, including licensed innovation, contracts, business affiliations, securities law, and work and business law. Notwithstanding understanding these substantive regions of law, excitement law lawyers help customers with activities that are not really viewed as conventional legitimate work, yet have lawful and business suggestions, for example, exploring and remarking on pitches and spending plans for TV arrangement, films, versatile applications, or other stimulation ventures. In spite of the fact that stimulation law envelops the majority of the segments of media outlets, entertainment value-based lawyers will in general spotlight on a couple of excitement parts, as every segment has its own industry standards. For instance, lawyers serving music industry customers frequently have practical experience in that segment. Correspondingly, different lawyers center around TV or film industry customers.

Over the majority of the segments, exchanges emerge in the advancement, financing, generation, and circulation periods of a stimulation venture. Contingent upon the venture, entertainment legal counselors can invest a great deal of energy in the telephone or email with customers and contradicting guidance to work through contract and arrangement issues and to take care of issues identified with generation and different periods of an amusement venture.

There are numerous sorts of law in the state of the Utah that are every one of the a piece of entertainment law. A entertainment attorney rehearses any of these sorts of law:

Contract Law In Entertainment Law

An enormous piece of entertainment law is contract law. A few contracts in media outlets a years ago while others are for a solitary occasion. Contracts in media outlets may include exceptionally a lot of cash. Drafting and arranging contracts is a key piece of amusement law. Attorneys must work to painstakingly to arrange understandings that are great to their customers. They should be aware of issues like enforceability of agreement terms and harms in case of a break.

Non-contend understandings are regularly an enormous piece of amusement law. A generation organization might need to build up an ability and advance them. They may need affirmations from the ability that they aren’t going to go work for the challenge for a timeframe after their business closes with the organization. An understanding that limits an ability from working for the challenge is known as a non-contend understanding. Both national on-air abilities and neighborhood gifts may have a non-contend understanding as a major aspect of their work contract. Be that as it may, non-contend understandings must be sensible. Both making a non-contend understanding and testing its enforceability might be a piece of entertainment law.

Indeed, even deliberately drafted contracts may result in contradictions in amusement law. At the point when there are questions, individuals and associations in media outlets go to prosecution. They may utilize case to determine contract debates, torts, work questions and different kinds of wrongs or differences. Legal advisors who practice prosecution entertainment law must be talented in common system, preliminary support and elective question goals so as to help their customers accomplish great results when entertainment prompts suit.

Work And Business Law In Entertainment Law

Entertainment legal advisors must be aware of work and business laws that apply to their industry. Regardless of whether it’s composed law from a government or state office or it’s an arranged association contract, entertainment legal advisors who utilize ability and generation staff must make certain to pursue work and business laws. Work and business laws that are pertinent in the business may identify with reasonable enlisting rehearses, most extreme permitted long stretches of work, specialists pay or wellbeing guidelines.

Entertainment makers need to consent to various standards and guidelines. The Federal Communications Commission makes guidelines that apply to media outlets. For instance, there are FCC confinements that counteract radio and TV organizations from owning a lot of control of any geographic market. Moreover, if a radio or TV slot gives one political hopeful time broadcasting live, it must give equivalent chances to other political applicants. Amusement organizations depend on lawyers so as to enable them to agree to the heap of guidelines that supervise the entertainment and interchanges enterprises.

Another significant zone of entertainment law is measures and practices. Models and practices alludes to the moral and lawful ramifications of an amusement creation. Legal counselors help entertainment organizations distinguish rehearses that may expose the organization to legitimate risk. They help the organization execute best practices so as to limit legitimate risk. For instance, a measures and practice lawyer may suggest expelling revolting substance from a communicate so as to limit the danger of a fine from the FCC. They may enable the company to address issues that may emerge amid the generation of a game show. In the principles and practices process, lawyers help their customers work together in a manner that limits legitimate hazard to their customers in media outlets.

Entertainment Lawyer Free Consultation

When you need help from an Entertainment Lawyer, 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 Provo Utah

Family Lawyer Provo Utah

The trial is an important part of a Utah Family Law court case. What you do during the trial will affect the outcome of your case. Don’t take chances. Hire the services of an experienced Provo Utah family lawyer.

A trial is in many ways analogous to a theatrical production. The parties, witnesses, judge, and even the court staff perform for an audience of jurors who will ultimately render the penultimate critique. Just as a Broadway play or musical cannot be staged until the director has assembled a capable cast and crew, a trial cannot proceed until the trial lawyer has identified necessary witnesses and prepared them to testify. The trial lawyer, like the director, can ill afford awkward gaps once the curtain rises. A seamless presentation is an absolute must, for there is no such thing as a “redo” when it comes to either a trial or a Broadway production.
In a civil trial, the plaintiff bears the burden of proof. The plaintiff’s attorney must introduce evidence establishing that the facts giving rise to his client’s legal claims are more likely to be true than not true. This burden of proof is sometimes referred to as the preponderance of evidence standard.

Testimony is typically provided by live witnesses at the trial. However, the testimony of an ill, deceased, or otherwise absent witness may also be presented via deposition or prior trial testimony. Fact witnesses, also known as percipient witnesses, testify about what they personally saw, heard, or smelled. They are not, in most instances, permitted to express opinions while testifying.

In contrast, expert-witness testimony is almost always presented in the form of an opinion. Expert witnesses rarely have personal knowledge of the underlying facts in a case. This is not to say that an expert is free to disregard the facts. Indeed, expert opinions are only permitted if they are rationally based on the facts and derived from analytic methods that are generally accepted by mainstream medicine and science. Percipient and expert witnesses play pivotal roles in every trial, but in my cases the testimony of a credible, well-qualified expert witness is frequently the deciding factor for many jurors.

If you believe your family law court case requires an expert witness to testify on your behalf, speak to an experienced Provo Utah family lawyer. The lawyer will review your case and chose the best expert witness for your case.

The Good Expert Witness

What constitutes a “good” expert witness? This is not as easily answered as you might think.

Inevitably, conflicting expert opinions will be presented during the course of a trial. It is, of course, the jury’s task to resolve such conflicts. Jurors are instructed that they need not accept the opinion of an expert. Rather, they can choose to believe all, part, or none of an expert’s testimony. An expert’s qualifications, biases, demeanor, and methodology figure prominently in such an assessment. It is therefore crucial that the trial attorney select expert witnesses who are not only well-qualified to render the opinions they impart to the jury but equally capable of withstanding the sometimes withering attacks leveled against them by opposing counsel.

A Bad Expert Witness

Just as it can be difficult to define what makes an expert witness good, it can be equally difficult to identify with any degree of precision that which makes an expert witness bad.

The bad expert typically is less qualified to speak on the subject, evinces a clear bias, appears combative, and frequently is poorly prepared. While a skillful attorney can highlight these weaknesses at deposition, the courtroom is the venue best suited to exposing a bad expert.

The “ugly” expert is nothing more than a really bad expert. Discerning a bright line between bad and ugly is, after all, a subjective call. Happily, the ugly expert is the rarest of exceptions to the rule

Closing Arguments

At time of trial, after all the evidence has been presented for both sides, there comes a time of closure when each side is given the opportunity to sum up what has been offered as evidence in its client’s favor and to remind the trier of fact what has been offered. These almost final steps in the trial are called closing arguments.

If you have accepted the request of someone you know to act as their expert witness in a Utah family law dispute, speak to an experienced Provo Utah family lawyer to know what to expect and what is expected from you. Once you accept the request of someone you know to act as their expert witness in a family law dispute, the next thing you know, a 20-pound, overnight-express box appears at your door filled with company records, deposition transcripts, medical reports, or other documents that “look legal” but have very little meaning to you at this point. Luckily, you will find a letter from your attorney/client that outlines the nature of your involvement in the case, and what questions you are expected to answer. This “yellow brick road” is, you hope, the tool that will guide you through the maze of paper and focus your attention on the most critical issues at hand.

In every legal case, each side attempts to persuade the trier of fact that their side is the true and righteous way. It is just like the evaluation of a future home: If the houses you consider vary in their structure and substance, it is easier to form your decision. The house constructed of straw and speculation is at one end of the spectrum while the brick and mortar structure is at the opposite end. The literature you cite, the examples from your experience that you relate, and the details of your specialized training are the bricks and mortar of your testimony. The straw house can be blown down with the weakest gust of wind, but the cross-examination hurricane makes little impression on the brick house built on a solid foundation of facts. If you were the jury, which one would you choose?

Have the confidence of your own self-worth! When you have expertise in a unique subject area supported by years of experience, the court will, more likely than not, judge you to be an expert. You certainly know a great deal more about your subject that a layperson or the average juror. Self-confidence is the key. Know your facts, support them with corresponding opinions of others, and explain your opinion like a teacher to students who now know you but don’t yet know your subject. The judge or jury should be considered anxious receptors-students for your teaching explanations of complicated technical concepts put before them. Trust in the trier of fact’s handling of your information, for she may pleasantly surprise you!
Many professionals have their own form of language and use it to communicate among themselves, yet seldom adequately communicate it well to those whom they serve; lawyers and doctors are notorious for this behavior. Never hesitate to ask the meaning of a question if you do not understand its terminology or if you find its form unintelligible. One of the most respectable answers to any legal question is, “I don’t know.”

If this is the first time you are entering a courtroom, you may be nervous. But there is nothing to be nervous about. An experienced Provo Utah family lawyer will tell you that the courtroom is a workplace, just like any other. The witnesses, lawyers, judge, bailiff, jury, clerk, court reporter, and others are doing their jobs. When you understand and appreciate those jobs, the courtroom will never again be an intimidation
The judge in the courtroom is king or queen of all that he or she surveys! With few exceptions, the progression of a legal case, from inception to verdict, will follow the strict guidelines of rules and codes set down over years of legal conflict. These rules and codes have evolved over years of court decisions coming down, in part, from English common law and through the American court system.

A very important rule that particularly applies differently to the percipient and the expert witness is called the hearsay rule. An expert witness unlike the regular witness can provide testimony on issues that known to him or her personally. Hearsay is basically second hand information. An experienced Provo Utah family lawyer can explain the Hearsay rule in detail to you.

The origin of the hearsay rule arose out of English common law and the case of Sir Walter Raleigh being tried for treason against the crown. His guilt was predicated upon testimony that someone else heard him saying that he would slit the king’s throat. This rule in essence banned hearsay testimony because it was not the direct and personal knowledge of the witness, as it was based on out-of-court statements overheard by someone else who then used those unreliable statements as a basis to try and convict Sir Walter Raleigh of treason.

A rule of evidence that is particularly important to experts relates to the handling of physical evidence. During the course of an investigation or case evaluation, you may be asked to examine an item that has a pivotal role in the case. When these items come to you, they should be accompanied by a form. This form should contain the item description and the details of the prior custodians of that item, and a date and time of release to you through a certified courier who transported the item in a manner that would not alter its state or condition (i.e., a box, container, wrapping, etc.).
If the originality or condition of the subject item is questioned, each and every signatory in the chain of custody will be called to testify or give declaration as to the integrity of the item while in their custody. This becomes far more important when the evidentiary item is alleged to have been tampered with. Therefore, it is important for an expert witnesses to maintain some form of evidence locker at his or her place of business that is secure from any outside access.

On occasion, a critical piece of evidence examined by one expert will be requested by an expert on the opposing side. The retesting may be just examination, or it may be some form of analysis. The testing parameters are usually cleared through the court, in the form of opposing motions, as to how and when the tests are to be conducted. One issue that usually pops up is whether or not the testing can consume a portion of the actual item. This type of testing is called destructive in that some of the actual item is consumed by the test procedure. When the testing can be done without altering the condition of the evidence it is described as non-destructive testing. Depending on the evidence item in question, gray areas arise that typically end up in the court requiring a hearing to learn more of what the testing entails.

The Impact Of Expert Testimony

In any legal action, foundation equals persuasion, and each of the two opposing sides attempts to persuade the trier of fact (the judge or jury) that its position is the correct one. In order to accomplish this, the pans on the scales of justice must be weighed down with persuasive expert- and percipient witness testimony that tips the balance. Each side orchestrates a parade of witnesses that will present their pieces of the evidentiary pie for the jury to weigh and then accept or reject. The weight given to testimony by the jury or judge depends on the quality and credibility of the evidence presented.

As an expert witness you play an important role in the case. You should seek the assistance of an experienced Provo Utah family lawyer and prepare for your testimony. It best to have an experienced lawyer assist you with your testimony although you are an expert. The court process is a complex one.

Provo Utah Family Lawyer Free Consultation

When you need legal help from a family lawyer in Provo Utah, please call Ascent Law LLC 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


Do You Still Owe Money After Foreclosure?

Do You Still Owe Money After Foreclosure

Over the years, the most certain question, based on the course of action as it relates to foreclosure is:

• Will I owe the bank money after foreclosure?

The answer is: It depends. To be 100% sure, call Ascent Law and speak with one of the lawyers there. They can help you to know for certain one way or another.

As a house owner, that would be the main question for me as well. If you are not aware of the legal process in your market, you should learn. It is essential that you can answer this question for the owner when it arises. When the lender or bank foreclosures on the property, and they eventually sell the property for less than what was owed, then a deficiency exists with the loan. The weakness is the difference between what the house owner owed and the amount of property sold.

For example, Mary owes $100, 000, and the lender foreclose and sold the property for $60, 000 at auction. There is a deficiency of $40, 000 for which the lender can sue the house owner. The key phrase is “can sue”. However, this is a practice that rarely happens, but it’s a real concern for the house owner in most cases, the house owner wants nothing else to do with the lender once the property is sold at auction. If the deficiency judgement is granted, it would appear on the house owners’ credit card just as any other decision would appear.

The house owner(s), while they are not savvy to the short sale process, would want to know happens to the difference. Will they be required to pay the difference? During short sale process, house owners can negotiate with the lender, not to seek a judgement against them because they feel they’ve waived their right by accepting a short sale. There is a second issue as it relates to the deficiency, and that’s 1099. The lender will issue 1099 to the house owner for the difference. In Mary’s case, the lender will grant her 1099 for $40, 000. This will be reported as income Mary had received, and therefore she will have to pay taxes. Either way, the deficiency judgement can be of great concern to house owners. There are couples of actions that the house owner has, as it relates to the deficiency judgement. In Mary’s case, she should file bankruptcy to address the report. She could also short sale the deficiency with the lender at a later date. In other words, offer the lender a lesser amount as “payment in full”.

Here is an important note. The lender, if they issue 1099, cannot be sue for a deficiency judgement. The lender can only pursue one or the other. In other words, Mary can’t receive both a deficiency judgement and 1099 from the lender. As you disclose to the house owner this vital information, you must inform them about the consequences of the deficiency and 1099. They will decide to continue working with you or not. Most of them believed in the past that once the sale is completed, they are free and cleared. Collection activity begins almost a year after the purchase and it is relentless. Without the clause in the contract, house owners are liable for the remaining debt, especially to the second mortgage holder. These collection agents can pursue you aggressively, ruin your credit card, and may even take you to court for the amount owed. These collectors, of course, add their collection fees to the debt making the debt more substantial and harder to pay off.

Some states are still considered non-recourse states. What this means is that if a mortgage goes wrong and house is sold, the original borrower is not responsible for any difference in the loan amount. However, this non-recourse rule does not apply to second mortgages in any state. Borrowers must also be aware that many lenders have now resorted to including a promissory note in the contract. This note obligates the borrower to pay for the remaining balance of their debt to the lender after the short sale has gone through. Most lenders’ state will not approve a short sale without this guarantee. However, with proper representation by a real estate attorney, this pitfall can be avoided. House owners that are already facing financial problems do not need this additional grief. It is very important to have a clause in short sale contract relieving you of the responsibility of the balance of the loan(s). Short sale has become a widely practiced form of real estate selling in the previous years due to the market. Most lenders do not like the process and they continually change their guidelines for the procedure. Real estate agents, even those that specialize in short sales, cannot keep up with all the different rules and regulations set forth by the most lenders. For this reasons, it is crucial to have an attorney involved in the process. The charging off from the 2nd lien relates to an accounting entry. Your lender will not charge off the 1st lien, and if you go past due on the 1st lien, it will leads to foreclosure. Remember, the 1st and 2nd lien is very much different as far as the possible outcome for each that will occur if they’re past due.
The 2nd lien will likely stay past due to a certain point, and then if it goes beyond a certain point, the account will be charged off, and sold off for pennies to a collection agency. It will represent a loss or write off for your lender. The collection agency will try to collect the outstanding debt from you. You will get 1099 on the charged-off debt, it is subject to income tax, and therefore there are tax implications at the end of that year. You are still obligated to pay it off, you may or may not choose to do at this point. If you do not pay if off, it will remain on your credit for seven years, and it will affect your credit negatively when seeking future creditors, especially form mortgage companies. Having a charged off 2nd lien is similar to lot of debts, it drags your credit card down, and sits on it until you have paid, or falls as it is supposed to by law, the easiest way to get around 2nd mortgage lien is to make the payments. A 2nd lien will be charged off after going beyond 120 days. If you are strapped for money and can only pay your 1st mortgage, to try to keep the property from going to a foreclosure sale, concentrate on the 2nd lien, but do not neglect your 2nd lien.

Make sure you offer an occasional payment on the 2nd lien, so that it will get beyond 120 days. Use 120 days or less as the safety net to stay within and avoid a charge off. (FYI, a redemption period is a section of time allowed by law for you to pay the lender what you owe them for keeping your house. In some states, this redemption period will fall after the auction.
Here’s a general peak at what can happen after a foreclosure if you still owe, bear in mind that this varies depending on the state you live in.

An eviction

If you’re still in the house after the house has been auctioned, then the new owner (or the bank if there was no bidder) will have to go through a legal process to evict you. The eviction process can take up to 5 to 90 days, depending on your state law. You will not be dumped on the street without notification. The sheriff’s department will serve you notice of eviction and in that notice would be instructions and the time frame to get you out. If you want more details on the eviction process, then you will need to call the claim courts in your local courthouse. Ask the way eviction process works to understand exactly how many days you will have to leave the house after the auction. An eviction will only take place if ownership is transferred out of your name after the auction. Each mortgage can foreclose individually. If it is the second mortgage that goes to auction, then the property owner does not transfer to the highest bidder or the lender.

Redemption period

This is an amount of time that allows the house owner the opportunity to stop the foreclosure by paying the entire loan. Only some states have a redemption period, Wyoming is one of them. This usually starts after the auction, and in Wyoming, it runs for three months. A redemption period is a lifetime in which you can sell your house and get out of foreclosure that has already taken place. During this period, you cannot be evicted and you won’t be making any house payments.

Deficiency Judgement

In some cases, the lender is not able to sell your house for the full amount you owed on the mortgage. When this happens, the lender will seek what is called deficiency judgement to recover the rest of the money owed. This is done through the court system, so you will get notified if this happens and you might be summoned to court. Not all lenders seek a deficiency judgement, even if it is allowed in your state, the lender will not choose to find one after the auction.

Once the court allowed a judgement for the lender to recover the deficient amount, they might attempt to garnish your wages or take your assets to pay for the debt. In the judicial sates, when the initial complaint is filed to initiate the foreclosure process, the lender can also register for an automatic deficiency judgement if the auction doesn’t bring the full amount owed on the mortgage.

Not all states allow a deficiency judgement, again, each state is different and therefore, what happens after foreclosure will vary as well. It is obviously in the best interest of the house owner to be proactive and deal with foreclosure. At least there is a chance that the investor can negotiate away the deficiency before it even becomes an issue.

Free Consultation with a Foreclosure Lawyer

When you need help with a foreclosure in Utah, please call Ascent Law at (801) 676-5506 for your Free Consuultation. 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


Tooele Utah Probate Lawyer

Probate Lawyer Tooele Utah

If you have special needs child who needs to be looked after you are gone, speak to an experienced Tooele Utah probate lawyer. There are ways you can ensure that your estate is put to proper use for the benefit of your special needs child. An experienced Tooele Utah probate lawyer can explain your options. Under Utah law, you have many options including a will, a trust and other estate planning devices.

Estate planning is something that we think about and plan to do but unfortunately may leave to the last minute. There are multiple stories of adult children still living at home with parents who die suddenly or become disabled. Sometimes they have never written a last will and testament or nominated guardians—no arrangements have been made for an adult child who is unable to care for herself. Sometimes this is because of financial concerns or just too many day-to-day details to deal with. We don’t expect to die, and we may hope to survive a child with disabilities.

To be honest, it is morbid and scary to think about it. Realistically, it is like leaving an adult with special needs unprotected from a multitude of harms. Lack of planning will make an already difficult situation much more painful for your adult child.

Wills and trusts generally are financial instruments that also nominate representatives for your children. Those documents are very important, but they need to be supplemented with other documents. It is also important for representatives and caregivers to have a good understanding of your adult child’s special needs, day to day, medical history, family history, and other details that are not covered by estate-planning documents. This is true regardless of how independent she will be. The trustee, for example, will need to understand medical costs and other information in order to budget funds and distributions for her in a prudent way. The reality is that estate-planning documents can’t possibly contain all the necessary information and the important history to provide for her care. In fact, it isn’t a good idea to put personal information in a will or trust that might be filed at the court and available publicly. What does that mean in terms of how to care for a child or adult child? If the named guardian or caregiver has not been around the child, he or she may not have a clue about who the child is as a person—or what her special needs are. This person may not have the answers to important questions such as:

• What is the general health of the person? Is special medical care needed? Allergies?

• Who are her medical providers and dentist? Where are they located? How often does she need to visit them?

• What kinds of foods does she eat? This would include what she will tolerate as well as any food allergies.

• What kind of assistance does she require?

• What kind of lifestyle is she most comfortable with?

• What is her weekly schedule?

• Who are her friends and significant people in her life? How do I reach them?

• Is there a funeral trust for the adult child with your family arrangements or elsewhere?

The idea of supplementing estate-planning documents is to answer questions about your adult child that may not be obvious from those documents. Your adult child may be able to function fairly independently, but you still may monitor certain things fairly closely during your lifetime; and these things might not be obvious to others. She may have trouble communicating small needs for assistance. She may be embarrassed or depressed from grief of your absence. Whatever the situation, having a supplemental file will make a big difference in assuring things go better for her after you are no longer able to monitor her care and protection.

Representative to act for your estate and for your children

Utah has its own rules about guardians (someone who acts for another person). But you will need to check with an experienced Tooele Utah probate lawyer to know more about the laws.

Guardian of the Estate

A conservator manages financial matters but cannot make medical decisions or life decisions. For example, a conservator may obtain health insurance but doesn’t have the authority to consent to treatment. He or she may sign a lease on an apartment and pay the bills out of the person’s funds.
Some adults with disabilities need a conservator to help with financial matters, but do not require a guardian. Others require both. Still others are able to pay their own bills and generally manage their own funds with help from a family member or accountant, without the need of a court-appointed conservator.


If parents or grandparents leave a bequest to a child who is unable to manage her own financial affairs—or for some reason can’t receive larger amounts of assets—they may put it in a testamentary (contained in a will) trust or some form of living trust. In the will or trust, the trustor (person owning the property—parents, grandparents, etc.) appoints the trustee to manage those funds. It is a different role than a conservator because trustees are not appointed to manage the person’s entire estate, only specific conditions contained in the trust. A conservator, on the other hand, manages a person’s personal funds including government benefits outside the trust. There are many types of special needs trusts. You will need to get legal advice about the type of trust that is appropriate in your case. For example, perhaps your adult child receives Supplemental Security Income, Medicaid, and other governmental benefits. There are generally limits to the amount of assets, including cash savings and property, a person can have and still receive services. For example, for Medicaid, a person can’t have more than $2,000 in cash and assets. Usually, a home and car are excluded from that limit. A special needs trust can receive the assets and coordinate with regulations to provide only monies and care not covered by the governmental programs. This will protect the eligibility for services. If she works and lives independently, but gets reduced rent or food stamps, this can be affected by change in assets or income from an inheritance as well. A trust could provide supplemental needs without jeopardizing the benefits. If she is in a residential facility funded by Medicaid or other government funding, she may only be allowed to keep a very small monthly allowance out of her SSI or other income and must contribute the balance as her share. The difference will be picked up by the government funding. However, there may be specific services and items that are not covered by Medicaid such as the following:

• Certain medical treatments and medications. For example, if the doctor prescribes a medication that is not covered by insurance, it is possible that the trust could pay for it, if the trust is written to provide for that.

• Specialized clothing. Generally, clothing must come out of the small monthly allowance. If she requires a lot of clothes because of incontinency or behavior that destroys her clothes, the trust could provide extra clothing.

• Certain medical equipment that is not covered by Medicaid or other insurance.

• Furniture and other personal needs not provided for by Medicaid and/or too expensive to be purchased out of the allowance.

• Some types of educational or vocational training.

• Vacations and recreation. The trust can provide things that are not covered by the funding source and will not make a person ineligible for services. This could include the cost of having a staff person accompany the person on vacation, even though the camp or other vacation is paid for through a government program.

Other Considerations

You may want to request provisions in your estate-planning documents that are not necessary in other people’s documents.

There will be things that your adult child needs that may not be clear to the nominated representative and are not covered by funding outside a trust. A note to the nominated representative or a provision in the trust would warn of this need.

If there are siblings, you will need to think through taking care of your adult child with special needs while still being fair to your other children or grandchildren. The more you think through the issues before visiting your attorney, the fewer “billable hours” you will run up. You will still want to discuss the issues with your attorney, but you’ll have a basic idea of what you want to accomplish beforehand.

There may be someone in your circle of friends and family whom you specifically do not want to serve as guardian, conservator, or trustee. Maybe decisions he or she has made about the care of his or her own children or the way he or she has managed funds concerns you, and you wouldn’t be comfortable with this person’s abilities to make prudent decisions for your adult child. Tell your attorney and ask how to document that. Your attorney may want you to write a letter to that effect and have it notarized. Thus, your wishes will be known when you are not available to state them.

In trying to ascertain what you want included in your estate-planning documents, also consider things that are important for your nominee to understand about care and support to your adult child. Perhaps the nominated guardian will not actually have your child living in his or her home but still needs to have a thorough understanding of care requirements to be able to advocate for her.

Estate planning should be a top priority for everyone. Not just for the rich and famous. You are never too young or too old for estate planning. Remember death can come anytime. Never assume that your estate will be automatically used for the benefit of your special needs child once you are gone. The State of Utah has its own plan on what to do with your estate after you are gone. That’s why you need to speak to an experienced Tooele Utah probate lawyer and make a will or some other estate planning device. If you have an estate planning device, the State of Utah will not touch your estate and will allow your estate to devolve according to your estate planning devices.

A will is an estate planning device that you can use to ensure that your properties pass on to your near and dear ones after your death. In your will you must name a person as an executor of your will. The executor of your will must file for probate. Probate is a legal process whereby the will is submitted to court and the court verifies the authenticity of the will and whether it is a legally valid will. Once the will is probated the properties will be transferred to the persons named in the will. Before you make your will, consult with an experienced Tooele Utah probate lawyer. Every will must pass through probate. Minor mistakes in the will can prove costly. Do not try to save money by using a fill in the blanks form. No two persons are alike. What may suit one person may not necessarily suit you.
When an application for probate is filed in the probate court in Utah, the will can be challenged by people who feel they have been left out of the will. This is another reason why you should have your will made by an experienced Tooele Utah probate lawyer. A will drafted by an experienced Tooele Utah probate lawyer will successfully deal with the challenge and pass though probate.

If you are the executor of a will, speak to an experienced Tooele Utah probate lawyer once the testator has passed away. As the executor it is your responsibility to file for probate. Probate is a complex process and is best left to the expert – an experienced Tooele Utah probate lawyer. The lawyer will file the probate application and ensure that the will passes through probate. In case some challenges the will during probate, the lawyer will deal with the challenge.

Tooele Utah Probate Attorney Free Consultation

When you need legal help with probate in Tooele 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