Wednesday, 6 November 2019

Probate Lawyer North Salt Lake Utah

Probate Lawyer North Salt Lake Utah

Contact an experienced North Salt Lake Utah probate lawyer to know how you can ensure that your near and dear ones get to enjoy your estate after your death. If you do not have an estate planning device in place, your estate will be distributed by the State of Utah according to Utah intestacy laws. Utah intestacy laws does not take into consideration the nature of your relationship with the persons to who your estate will be distributed. So someone close to you but not related to you will lose out on getting a well deserved share in your estate.

Estate planning is the organized effort to obtain the maximum support and security for your family during your lifetime and after your death. There are many estate planning devices available in Utah. An experienced North Salt Lake Utah probate lawyer can explain to you the various options and which would work best in your given circumstances. Remember, no two individuals are alike. So just because your neighbor has used on particular estate planning device, it may not be the best option for you. Speak to an experienced North Salt Lake Utah probate lawyer to know how best you can ensure that your estate is passed on to your near and dear ones according to your wishes after your death.

The benefits of estate planning are not limited to the wealthy. In fact, the less you have, the more important it is for you to hold on to all of it and protect it from unnecessary costs and taxes.

For some, a simple will is a sufficient estate plan. Others may require a complex arrangement of trusts, contracts, life insurance and the like.
Estate planning is not a cookie-cutter process, but must be tailored to you, a unique individual. The nuclear family with mom, dad, 2-3 kids and the station wagon is vanishing. North Salt Lake Utah probate lawyers are encountering as clients more single people with a variety of lifestyles. Some have never married, while others are divorced or widowed. Some are childless, others have one or more children.

Planning for married couples is no less varied. A young, childless, two-career couple’s planning concerns may differ widely from those of a middle-aged couple with kids approaching college age, and they in turn may have little in common with a retired seventy something couple. It’s never too early or too late for estate planning.

Those who take estate planning most seriously want to ensure the security of their families. Security depends on the accumulation of capital, not earnings. To achieve that security, you should undertake a continuous and organized wealth-building plan, with the goal being to transfer that wealth to your loved ones. A successful estate plan, therefore, requires that you ACT: Accumulate capital, Conserve it, Transfer it.

Setting goals is an essential component of serious estate planning. The most evident short-term goal is the current support of your family and meeting their needs while you are still employed. Long-term goals strive to meet the needs of the same people if and when you become disabled, retire or die.

Before you can set goals and successfully pursue them, you will have to ask yourself a lot of questions: What income do you want your spouse to have if you die first? How much will you need for you and your family’s support if you become disabled?

You should evaluate the needs of each family member. Are they all in good health? Do you expect your children to go to college and to graduate or professional school? Do you intend to pay the full cost of this education, or will you require that your children work or seek financial aid?
If you want to leave your children an inheritance, how responsible will they be with your money? Do you want to give them part of their inheritance while you are still alive? If any of your children are still young or immature, do you want to set up a trust that will last until the child demonstrates sufficient maturity to handle the funds? Or would you prefer to leave nothing to your children and insist that they make their own way?
The answers to these questions will vary widely among individuals, and they will also change as each person becomes older, richer, poorer, divorced, remarried, widowed and so forth.

Procrastination can be fatal to estate planning. Life expectancy and medical advances aside, not everyone will be lucky enough to grow old gracefully. Accidents happen, illnesses ravage, lightning strikes.
When it comes to estate planning, the best advice of all is to DO IT NOW. It may be later than you think.

The loss of a loved one is one of the most difficult things we will ever experience. Whilst trying to deal with our grief we are also expected, in many cases, to deal with the mountain of paperwork involved in administering their estate.

The number of people who are carrying out probate without the help of professionals has increased, unfortunately this has led to an increase in cases winding up in court.

Often beneficiaries are anxious to receive their entitlements as soon as possible. This can place added pressure on the person responsible for administering the estate (the Executor), and can result in them distributing gifts before all of the assets and liabilities of the estate have been correctly identified.

People who agree to accept the role as Executor often do not fully appreciate what the role involves. Acting as an Executor has become increasingly complex and burdensome, requiring the Executor to navigate through the estate’s complex tax reporting obligations and possible claims and disputes, whilst ensuring they administer the estate in a timely fashion. Failure by the Executor to comply with their reporting obligations can result in the estate suffering penalties and interest which could otherwise have been avoided.’ Executors therefore need to be aware that they are personally liable for any action they take (or fail to take) on behalf of an estate. In addition to the risks previously discussed, Executors face other risks which can include, but which are not limited to: Failing to adequately secure the property in the estate which is then damaged resulting in the estate suffering a loss; Failing to identify all of the assets and liabilities in the estate; Failing to pay the correct amount of estate tax on the estate either due to not applying all of the allowances available at death thereby paying too much, or failing to identify all of the assets and paying too less. Either way the executor may be personally liable for any losses suffered by the estate which can include payment of interest and/or penalties; Selling an asset without authority; Paying a gift to the wrong beneficiary or to someone who is not entitled.

Failing to correctly identify the existence of a Trust and the affect the Trust may have in respect of any tax reliefs, allowances or liability.

When you get to the end of the path, your choices are just as diverse. That’s where an experienced North Salt Lake Utah probate lawyer can come in.

Whether it’s drafting a will or setting up a trust fund for children, you should always get some kind of legal advice when going forward. An experienced North Salt Lake Utah probate lawyer can help couples establish trusts and avoid as many taxes as possible. Getting advice from an experienced North Salt Lake Utah probate lawyer is just like getting a prescription from a doctor.

What’s good for one person is like poison to another. But some people might want to bypass legal counsel and plan their estates themselves.
You just have to have the fundamental facts Do not to read too far into the material you find on the Internet. Going alone in drafting a will is possible, but not advisable.

A will should be in place soon after marriage, so that no arguments over the couple’s assets end up in court. If people have concrete intentions, there’s no penalty in spelling them out in a will. If you don’t, the state will do it for you.

A will drafted without a lawyer could contain small technical problems. They may be small, but they become large if the will is contested. Even though estate planning costs money, it could save families the legal costs of divvying up an estate in court.

In addition, laws governing estates change between states. So a husband and wife who drafted a will in Utah but retired somewhere warmer need to update it.

The trust has become an indispensable instrument of American law, largely because it is so useful in avoiding probate. When someone dies in a common law jurisdiction, the property does not transfer directly to the heirs. It goes into “probate,” which means that it comes under the jurisdiction of a special branch of the judiciary called the probate court. It comes under the control of either an executor (under a will) or an administrator (when there is no will), who works with the probate court to make sure that all taxes and debts are paid before the property passes to the beneficiaries designated under the will or under the law (when there is no will). The trust serves to circumvent the role of probate. If the testator establishes a trust, the property remains in the hands of the trustee to distribute according to the terms of the trust. Typically, when the settlor dies, the trustee transfers the property to the beneficiaries. This avoids the cumbersome process of having the property tied up in probate. The notion of equitable ownership has undergone important evolution, largely due to the law of mortgages. In a mortgage transaction, the mortgagor transfers legal title to a mortgagee, who holds the assets as security for a debt. The mortgagee is either a bank or a mortgage company. The mortgagor retains the beneficial use of the property and therefore is analogous to the beneficiary of a trust. The difference between the trust and the mortgage is that the former establishes legal relations among three parties—the trustor, the trustee, and the beneficiary. The mortgage is a two-party transaction,9 with the trustor and beneficiary united in a single party.

Do you really want the taxman to take nearly half of your assets in tax after working hard for many years to build them up?

Estate tax is now relevant to everyone, especially with the increases in house prices in recent years and with stock market-linked investments starting to recover.

Estate tax is the one and only tax that is totally and legally avoidable with the right financial, estate, investment, and trust planning. ‘The problem is people fail to plan, think it is too complex, or think it does affect them. For the sake of a few dollars for professional advice, literally thousands can be given to loved ones and not the taxman. In addition, many people have not realized that as their stock market-linked portfolios now start to recover value, they are also increasing their Estate tax liability and are still taking no action.

There are literally hundreds of ways to plan for and reduce tax without necessarily giving your wealth away or having hugely expensive legal trusts. Use simple yet cleverly worded estate planning trusts offshore to keep your money out of reach of the taxman.

A will is the most common estate planning device in Utah. A will becomes operative on your death. Before the estate can be distributed to the beneficiaries under the will, the will must pass through probate. Probate is a complex legal process. You will not be there when your will goes through probate and your near and dear ones have to see to it that the wills is probated. Mistakes or errors in the will can prove costly at the time of probate. Don’t let this happen to your will. Remember, you will not be there to correct the mistakes. Seek the assistance of an experienced North Salt Lake Utah probate lawyer when making your will. This way you can rest assured that your last will and testament will successfully pass through probate.

North Salt Lake City Utah Probate Attorney Free Consultation

When you need legal help with probate, a last will and testament, a revocable living trust, or another estate matter, 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

Source: https://www.ascentlawfirm.com/probate-lawyer-north-salt-lake-utah/

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Tuesday, 5 November 2019

Should I Trademark A Business Name or Logo?

Should I Trademark A Business Name or Logo

Yes, you probably should. But your should call an IP Lawyer at Ascent Law just to be sure.

What Is a Trademark?

A trademark identifies the source of goods or services. Business names, product names, logos and labels can all be trademarks. You acquire a trademark by using your mark in commerce—in other words, using it when you conduct your business. For additional protection, you can register a trademark with the U.S. Patent and Trademark Office (USPTO).

Should I Trademark My Business Name?

Your business name is one of your company’s most important assets. It’s a symbol for your reputation, and it’s how you’re known to the outside world. If a competitor starts using your name, you’re not likely to be happy about it.

But what if you trademark your business name? Will that prevent other businesses from using it?

The answer is that a registered trademark gives you the exclusive right to use your business name nationwide in connection with the goods and services you’ve identified in your registration, and allows you to enforce your trademark by filing a lawsuit in federal court. Those are strong protections, but it will be up to you to monitor unauthorized uses of your name and take steps to stop them.

Whether you should register a trademark for your business name depends on the geographic scope of your business, the type of name you have and whether you have the time and money to file a trademark application.

Are you running a new business, and looking to protect the equity in your name and your logo? Filing for federal or state trademark protection may be the right move for you. However, we are often asked whether it makes sense to trademark the name or slogan of a business, the logo for the business, or both. This article describes the differences between these various types of trademarks and the considerations for entrepreneurs interested in trademark protection. To better illustrate these terms, we’ve come up with the hypothetical company YanKenPo, Inc., whose officers are considering trademarking YanKenPo’s name and logo. The logo for the company contains the word “YanKenPo” in a stylized font along with other unique design elements.

Advantages of Trademarking a Business Name

If you use your trademark but don’t register it with the USPTO, you have common law trademark protection. You may be able to stop other people from using your mark, but only in your immediate geographic area. That may be good enough for a small local business, but may not be much help if you have an Internet-based business with Nationwide trademark protection

 Your trademark ownership becomes part of the USPTO’s database, creating a public record of your ownership and the date you began using the trademark

 People who conduct a trademark search will see your trademark and may be less likely to use it

 You can file a lawsuit in federal court to enforce your trademark

 Registration creates a legal presumption that you own the trademark and can use it for the goods and services listed in your trademark application. This is helpful if you ever need to sue someone to enforce your trademark

 U.S. registration may allow you to register your trademark in other countries

 Registration gives you the right to use the registered trademark symbol, ®

The numerous advantages of trademark registration have led to millions of trademarks being registered with the USPTO.

However, not all business names are eligible for trademark registration.

What Kinds of Names Can Be Trademarked?

The USPTO will only register business name trademarks if they are distinctive and not likely to be confused with an existing trademark.
The more distinctive the name is, the easier it is to trademark.

 “Coined” or made-up names like “Xerox” are the easiest to trademark and receive the strongest protection. Names that use existing words in unique ways—such as “Apple” computers—also make strong trademarks.

 Names that suggest a product without describing it can also be trademarked. Examples are ‘Greyhound” bus and “Goo Gone.”

 Descriptive business names are the hardest to trademark. These include personal names, such as Ben & Jerry’s ice cream; location names, such as “Chicago Pizza;” and names that describe a product or service, such as “Best Carpet Cleaning.” The USPTO won’t register a trademark for a descriptive name unless you can also show that the name has been used so much that people automatically associate it with your product or service.

The USPTO may also deny your registration if your business name is confusingly similar to an existing trademark. A confusingly similar name sounds like the name of another business that offers similar products or services, so that people might think they are related. For example, Omega Hair Salon and O-Maya Beauty Shop might be confusingly similar because the names sound alike and both businesses offer beauty services. But Omega Car Wash would probably not cause a likelihood of confusion because no one expects the same company to offer both hair care and car washes.
How to Trademark a Business Name
Before attempting to register a trademark with the USPTO, you should conduct a trademark search using a trademark search service or the USPTO’s Trademark Electronic Search System to determine whether anyone else has registered a similar trademark for a similar type of goods or services.
If you conclude that your name is eligible for trademark registration, you can apply to register your trademark online. If you register your name as a standard character mark, your trademark business name will cover your name displayed in any font, color or design you choose. You can also register your name as a special character mark that depicts your name in a particular color, font or design—but your trademark will extend only to the exact design you submit.

Other Ways to Protect Your Business Name

What if you can’t, or don’t want to, trademark a name? Your business name may still have some valuable protections within your state.

If you form a business entity such as a corporation or Limited Liability Company, your state will not allow another business entity to be formed with the same name. If you do not form a business entity, you may still receive this protection by registering a trade name or “DBA” with your state.

If your business name is eligible for trademark protection, federal trademark registration is a fairly easy process that gives you the right to enforce your trademark nationwide and can help deter others from using your name. Registering is an especially good idea if your business operates in more than one state and you’re concerned that competitors will try to use your name.

Should You Trademark a Logo and Business Name Together?

• A small business needs to protect its intellectual property, which includes its business name and logo. These items distinguish the business from the competition by generating brand recognition and a loyal customer base. Over time, your customer’s associate your logo with your company, as Nike has with it’s swoosh and McDonald’s has with its arches. Generally speaking, you should apply for trademark registrations for your business name, logo, slogan and designs separately.

Keeping your logo and business name separate allows you to use either property on its own. Trademark protection only extends to the trademark registration as it’s submitted to the United States Patent and Trademark Office. Federal trademark registration for your business name and logo together requires you to use them together at all times to have legal protection under federal law. Many circumstances, such as advertising or marketing strategies, necessitate the use of one element or the other. Keep them separate to simplify your business operations.

Only in rare instances would you want to change your company name. But you may decide to rebrand your logo to associate your name with new products. Registering your name and logo together would require a new registration for your business name if you overhauled your logo. The duplicate registration could cause problems during the trademark registration and delay your rebranding campaign.

The only true benefit you receive when registering your name and logo together is lowered cost. Each trademark registration costs approximately $300. By separately registering both elements, you are up to $600. You save money in the short term registering the items together. In the long term, you pay more when you rebrand your products or change your business name. Spend more now so you don’t end up regretting it later.

What’s The Difference between Trademarking a Name versus a Logo?
You can register your business name or slogan as a “standard character mark”, which is any combination of letters and numbers with no reference to style, design, font or color. According to the U.S. Patent and Trademark Office, the rights in a standard character mark “reside in the wording,” allowing you to “use and protect the mark in any font size, style or color.” Standard character marks offer the broadest possible rights of any single form of trademark protection, but do not protect special designs and coloration.

A “Standard Character Mark” will provide protection for the name of the business or the slogan for the business, and provides the exclusive right to use the name/slogan in any form in combination with the categories of goods and services that we identify in the application.

You can also register a stylized design known as a “special form mark,” or “design mark.” Special form marks protect a specific combination of stylized lettering, a design element such as a logo, or both. This type of protection is ideal for companies looking to protect a distinctive visual aesthetic or signal, but it is fairly limited. Special form rights protect only the particular style registered. If you want to make a design change, you’ll have to file again.

A “Design Mark” will provide protection for the business’ logo. This will be a trademark application for the black and white version of the logo so that you have protection over any color versions of the logo as well.

Which One Should I Trademark?

It depends. Higher value tends to lie in name recognition rather than familiarity of a logo. Since logos change more often than names, it usually makes more sense to register a standard character mark to protect the business moniker itself. With their generous set of rights, standard character marks allow you to preserve near-complete control over your business name. Because standard character marks protect the mark in any font size, style, or color, if your logo contains the name of your business, then nobody who offers the same goods or services would be able to copy your logo even if you only registered your standard character mark. However, if your logo commands attention and a good deal of customer recognition, or if you are concerned about competitors using a similar logo, you may want to consider trademarking it.

Now, let’s go back to our hypothetical company, YanKenPo. If YanKenPo registered as a standard character mark, then YanKenPo’s competitors would be prohibited from using the name “YanKenPo” (or any confusingly similar name) within the same categories of goods and services offered by YanKenPo. This protection would even extend to the company’s logo because the logo contains the word “YanKenPo.” However, if YanKenPo did not obtain protection under a design mark application as well, another company may be able to do a similar logo but with a different word without infringing on YanKenPo’s registered trademark.

Trademark Lawyer Free Consultation

If you are here, you probably have a trademark issue you need help with, call Ascent Law LLC for your free intellectual property law consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Source: https://www.ascentlawfirm.com/should-i-trademark-a-business-name-or-logo/

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Criminal Defense Lawyer Heber City Utah

Criminal Defense Lawyer Heber City Utah

Motions for a change of venue are made when the defense believes that a fair trial cannot be obtained in the community in which the crime took place due to pretrial publicity. The defense can request that the trial be moved to a different location. If the judge agrees, then the trial is moved to a different venue.

Motions for discovery are made to help the defense in preparation for trial. The discovery process helps trials to move along more quickly by heading off surprises that might lead to legal disputes and cause delays at trial. Discovery allows the defense to examine the evidence gathered by the prosecutor. This may include a list of the witnesses that the prosecution plans to call. Discovery may also require the prosecution to give the defense access to all material evidence and the opportunity to subject it to independent testing. Normally, if the defense takes advantage of discovery, the prosecutor may also examine the defense evidence. If the defense case rests on the defendant’s mental capacity to support the mens rea, then any mental examinations done on the defendant may also be subject to discovery.

A motion to suppress is filed when the defense believes that evidence was gathered illegally. If the judge agrees that there was indeed a violation of the law in the evidence-gathering process, then, normally, the evidence will be excluded from trial. Most cases do not involve motions to suppress evidence and they are successful in even fewer cases.

Plea Bargains

Plea bargains can be made at any stage of the process, but most often they are struck shortly before trial after both sides have a full understanding of what evidence will and will not be admissible at trial. The prevalence of plea bargaining may be explained by the benefits that all the sides derive from the practice. Plea bargains are attractive because they give each player involved, including the defendant, an acceptable resolution of the case. For defendants, plea bargains almost always guarantee a less severe penalty than they would receive if they were convicted at trial. For prosecutors, plea bargains ensure that even when their evidence may have been weak, punishment will follow with no chance of an appeal. One additional advantage that all the attorneys and the judge receive from plea bargains is the quick disposition of cases. Before you enter into a plea bargain, speak to an experienced Heber City Utah criminal defense lawyer.

Burden of Proof

In criminal cases, the State, which prosecutes, has to meet the burden of proof. The standard of proof that must be met for a guilty verdict in a criminal case is a finding of guilty beyond a reasonable doubt. While this standard eludes precise definition, there is agreement that defendants do not have to prove their innocence to be found not guilty. It is enough for defendants to raise doubts about their guilt. For the fact finder, this burden of proof does not require a 100 percent belief that the defendant committed the crime before a guilty verdict can be returned; if there are any reasonable doubts, however, the fact finder should not return a guilty verdict.

Trial Strategy

Because the burden of proof rests on the State, the State faces a different set of expectations in criminal trials than defense attorneys do. It is incumbent on the prosecutor to present a set of facts that establishes that a crime did indeed happen and that the defendant was responsible for that crime. Defense attorneys, on the other hand, can draw on several strategies to attempt to win the case. One of these is to claim that the prosecution has not met its burden of proof. Using this strategy, the defense attorney does not have to present any evidence or witnesses. The defense may be able to win the case by picking apart the evidence presented by the prosecutor or by challenging the credibility of the State’s witnesses. If the prosecution successfully shows that a crime was indeed committed, the defense can also deny that the defendant was involved in the crime. While asserting that the defendant is innocent, the defense does not have to offer any alternative theories about who committed the crime. Defendants don’t even have to take the stand to assert their innocence.

Because of the importance of bringing out all the facts that may help win a case, attorneys normally put considerable time and effort into planning the presentation of their case. Getting ready for trial includes identifying and interviewing witnesses. To avoid surprises, an experienced Heber City Utah criminal defense lawyer will also explore the possibility that potential witnesses may be biased or prejudiced against one of the parties to the case. If attorneys don’t want to present all possible witnesses, they must determine which witnesses will seem most credible and subpoena those who will present the strongest case for their side. Attorneys also have to decide in what order to present the evidence to build the strongest possible case.

An experienced Heber City Utah criminal defense lawyer will assist prepare witnesses to testify. This begins with an explanation of the role of the witnesses at trial and an overview of trial procedures. The preparation of witnesses has two separate goals. The first is to help witnesses to testify in as much detail as possible. This does not mean that attorneys tell witnesses what to say, but they need to know what the answers will be to the questions they ask of their own witnesses. To that end, witnesses should be told what questions they will be asked at trial so that there are no surprises. It may also be beneficial to explain to witnesses the theory of the case and the purpose of their testimony.

Witnesses should be told that as the case evolves there may be a need to change the precise questions they are asked to bring out any information that is important to the trial strategy. When witnesses are going to be testifying about exhibits that will be entered into the record, they need to have access to them prior to trial so they will be comfortable using them. Attorneys may also prepare their witnesses by role-playing a mock cross-examination by the opposing attorney. Attorneys should explain their role in protecting the witness from the opposing attorney. All this preparatory work should be done prior to the trial, so that if a witness needs to alter his testimony, he will have adequate time to incorporate the attorney’s suggestions.

A second goal in witness preparation is to help the witness to appear credible. This can be accomplished in a number of ways. One of the simplest is telling the witness what clothes to wear while testifying. It may also be beneficial to tell witnesses the importance of making eye contact with the judge, jury, and attorney during the examination. Witnesses should also be forewarned about the need to appear honest and sincere, not to stretch the truth, not to speculate in their testimony, not to answer questions if they don’t know the answer, and not to lose control of their temper.
The Trial Process

The actual process of a trial will vary, depending on the jurisdiction in which it takes place, but the general steps are as follows:

• The defendant must choose between a judge or a jury trial.

• If a jury trial is selected, the jury must be picked.

• The prosecutor gives the State’s opening statement.

• The defense counsel gives an opening statement.

• The prosecutor presents the State’s case.

• The defense counsel presents the defense’s case.

• Both sides are allowed to present rebuttal evidence.

• The prosecutor makes a closing statement.

• The defense counsel makes a closing statement.

• The prosecution makes a final closing statement in response to the defense counsel’s closing statement.

• If a jury was selected, the judge must give it instructions.

• Deliberations are conducted by either the judge or jury.

• The verdict is announced.

Jury Selection

The determination of whether the verdict will be decided by a judge or a jury is left up to the defendant.

The jury’s role is to determine the guilt or innocence of the defendant. In reaching its decision, the jury is supposed to be guided by two primary considerations: (1) the facts of the case as developed in testimony and evidence and (2) the law of the case as explained by the judge. In making their decision, jurors have a lot of leeway in deciding the subjective facts. They are also given considerable freedom in interpreting the legal instructions given to them by the judge. This freedom is enhanced because when they reach a verdict neither the jury as a whole nor individual jurors have to explain their actions. There will be no report issued explaining which witnesses were considered unbelievable, which evidence seemed credible, or how strictly they applied the law to the facts of the case.
Because the jury is free to interpret the subjective facts and substantive law, both the prosecutor and the defense attorney will try to select jurors who may be disposed to accepting their version of the facts and law. Many attorneys believe that trials can be won or lost based on the jury that is selected. While attorneys for each side try to select a jury that will be favorable to the result they seek, the trial court works to seat a “fair” jury. This entails several steps, including compiling a master list of jurors, the venire, and the voir dire.

The pool of prospective jurors is established by developing a master list of possible jurors. In Utah jurors are picked from the voters list and driving license list. The second stage in jury selection is the venire. The venire is made up of individuals whose names are drawn from the master list. Each member of the venire receives a summons to appear for possible jury service. Those who appear at the courthouse are divided into a number of different panels for different prospective trials. Each panel generally has three or four times as many people as needed for the actual jury. The selection process then moves on to the next stage, the voir dire.

Voir dire is a method of trying to determine if prospective jurors have biases or prejudices that would limit their ability to objectively consider the evidence. Voir dire is usually translated as “to speak the truth.” During the voir dire, prospective jurors are subjected to a series of questions. Usually the questions are presented by the attorneys in state courts and the judge in federal courts. Prospective jurors are urged to answer honestly to help the judge and the attorneys determine whether they will show any bias in the trial based on preconceived views. Any prospective juror who shows an inability to examine the evidence with impartiality may be challenged by either of the attorneys with cause. If the judge agrees that there is cause to believe that the prospective juror will not be able to objectively examine the evidence, the individual will be dismissed. It is not uncommon for potential jurors to be removed for specific bias, such as knowing someone involved in the trial, or nonspecific bias, such as a general bias like racism that limits their ability to remain open-minded. There is no limit to how many individuals may be challenged and excused for cause.

At the end of the voir dire process, each attorney is also given a number of peremptory challenges. The number of these challenges varies from case to case, depending on the seriousness of the charges. In exercising a peremptory challenge, attorneys do not need a reason to dismiss a prospective juror. Peremptory challenges allow both attorneys to exercise any hunches they have about individuals within the panel whom they believe may be showing leanings toward the other side.

If you have been charged with a crime, you require an experienced Heber City Utah criminal defense lawyer who will fight and get the charges dismissed. Your entire future is at stake. Act now to avoid being convicted. Don’t waste any more time call Ascent Law LLC today.

Heber City Utah Criminal Defense Attorney Free Consultation

When you’ve been charged with a crime involving a DUI, sex crime, theft, larceny, burgerly, assult, or a drug related crime, 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
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/criminal-defense-lawyer-heber-city-utah/

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Monday, 4 November 2019

Post Divorce Modification

Post Divorce Modification

It happens very often to divorce parents where their changed circumstances require a post-divorce modification. If you need more child support or if you are a non-custodial parent who is currently unemployed, you may need to modify your divorce agreement. Consult a Salt Lake City divorce modification attorney about the possibility of obtaining a modification to your existing divorce decree. Whatever your situation might be, the court will take into consideration a few factors and determine whether or not your appeal is valid.

COMMON REASONS FOR A POST-DIVORCE MODIFICATION

• Insufficient child support or spousal support – Sometimes child support isn’t enough to meet the average standard of living. In order to fulfill your children’s needs, you may need additional monetary support, which you may seek by requesting the court for a modification to increase the amount of child support. Likewise, if the non-custodial parent lost his earning capacity, or if he is currently unemployed, these changes may qualify as good reasons to seek a post-divorce modification.

• Relocation – This is a common one, especially among military families. Some parents have to relocate, which makes it difficult to keep in touch with the children or visit them as they used to. In those cases, the parent moving out needs to file for relocation so the terms of the parenting plan and custody agreement will be modified. Just remember, a parent can’t move away without notifying the other parent and making the necessary changes to the divorce decree. Parents who make such illegal decisions can face serious legal consequences, including kidnapping.

• Unable to provide child support – A parent who is no longer earning enough to provide child support needs to obtain a post-divorce modification in order to reduce the amount of child support or spousal support. Parents, who stop paying child support without informing their former spouse and the court, can face legal problems along the way. So it is important that they seek a modification as soon as their circumstances have significantly changed.

WHY DOES THE NUMBER OF VICTIMS OF DOMESTIC VIOLENCE INCREASE?

It seems like an easy decision, until it happens to you. Nobody deserves to live in fear of their spouse. Yet, far too many people are the victims of physical and mental abuse from their partners on a daily basis. From an outsider’s point of view, the logical thing to do is simply leave the house and end the relationship. But there are no rules when living in a household plagued by domestic violence. Many choose to stay because they have no place to go. Some abuse victims blames themselves for the violence. But it is important to understand domestic violence should never be tolerated.

OVERCOMING THE VICTIM MENTALITY

It is hard to believe. But many victims of domestic violence do not even consider leaving their abusive environment. Abuse doesn’t just start suddenly. It is a vicious cycle that gradually increases over time. In some cases, it can get to the point where the victim simply accepts it as a daily part of their existence. Abusers often manipulate their victims and blame them for the problems in the relationship.

But not every abuse victim is the same. Many are desperate to escape their broken relationships. Unfortunately, they may not know where to turn for assistance, it can become a helpless feeling. A divorce attorney can provide several effective legal solutions to help domestic violence victims escape their dysfunctional relationships and go on with their lives.

END THE VICIOUS CYCLE OF DOMESTIC VIOLENCE WITH A RESTRAINING ORDER

One of the best ways a divorce attorney can help is to obtain a restraining order. A restraining order is designed to prevent a specific person or party from making any contact with the petitioner. Restraining orders are one of the most common protective orders in Utah family law and can be quickly obtained with help from an experienced and knowledgeable divorce attorney. Salt Lake City is home to far too many victims of domestic violence. The State of Utah can offer two types of protections–temporary protective orders and civil stalking injunctions.

One of the advantages of hiring a divorce attorney is to help fill out paperwork. Many family law attorney offices employ legal staffs dedicated to handling various client services. Not only can they file the paperwork, a divorce attorney can effectively present and argue your case in front of the court. Restraining orders can be issued relatively quickly and become effective the moment they are signed by the judge.

Divorce Modification Attorney Free Consultation

When you need legal help to modify a decree of divorce in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you modify your divorce decree.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
<span itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/post-divorce-modification/

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Real Estate Lawyer Spanish Fork Utah

Real Estate Lawyer Spanish Fork Utah

Purchase contracts are the most common form of written agreement between a seller of property and a potential purchaser. In fact, the vast majority of real estate transactions that take place in the United States—the purchase and sale of single-family homes—utilize purchase contracts. Special mention is made of provisions that may be of particular interest to the purchaser organizations. As with any legal document, the terms of the purchase contract should be as clear and unambiguous as possible. You should consult with an experienced Spanish Fork Utah real estate lawyer prior to entering into any written agreement.

The purchase agreement must clearly state the identities of the purchaser and the seller and include an address where the parties must deliver any written notices required under the agreement. The address provisions may be included in a separate paragraph.

The purchase contract must contain a paragraph that describes in detail the real property to be transferred and addresses how the personal property owned by the seller and located on the property will be disposed of.
The description of the real property (land and whatever else is built on the land) provided in the purchase agreement may be the single most important section of the document. The sponsor will be able to “specifically enforce” or force the sale of the specific parcel of land described in the purchase agreement only if the terms of the written agreement clearly describe the property in question. The sponsor should be certain that the description included in the purchase agreement is the legal description of the property that can be found in the land records of the jurisdiction where the property is situated. Additional means of identifying the property, for example, the lot and square numbers used to identify the property for property tax purposes and the property mailing address, should be used only to supplement the legal property description.
The contract must state how the parties are going to treat any personal property (everything not permanently affixed to the land) that is located on the property on the date of transfer. This personal property usually includes such items as appliances, light fixtures, heating and air-conditioning units, lawn mowers, and so on. As a general rule, these items are transferred to the purchaser. However, the contract should state the transfer (if that is the case) or the limitations on the personal property to be conveyed.

The purchase contract must contain a paragraph that states a definite purchase price for the property. This paragraph also may contain details on how the purchase will be financed.

There are different ways of purchasing a property. You can either purchase it outright or exercise an option. Speak to an experienced Spanish Fork Utah real estate lawyer to know more about an option contract.
There are not many differences between a purchase and an option contract. In fact, an option agreement must contain many if not all of the provisions included in a purchase contract because the option essentially converts into a purchase contract if the optionee exercises its option to purchase the property. Therefore, option contracts often include many of the provisions in the context of what the parties must do or provide if the option is exercised. The purchase and the option contracts do differ in the following ways:

• Unlike the purchaser of a purchase contract, who is legally committed to purchasing the property by the settlement date, the purchaser of an option is committed only to deciding whether it wants to exercise its option to purchase the property within the option period.

• Purchase contracts require a significant earnest money deposit, ranging from 5 percent to 25 percent, to “guarantee” the purchaser’s performance. Option contracts, on the other hand, generally require the purchaser to pay only a relatively small amount of money—1 percent to 5 percent of the purchase price—for the right to defer its decision on the purchase. This option fee may or may not be applied to the purchase price. The option contract should state how the option fee is to be treated.

• An option is often viewed as a purchaser’s, not a seller’s tool, because it allows the purchaser to risk very little and requires the seller to provide the purchaser with an exclusive right to purchase the property during the option period. A seller is not likely to enter into an option contract if there is significant demand for the property in the marketplace. Sellers obviously prefer to execute a purchase contract, which carries the expectation of settlement, instead of an option contract, which carries limited expectations that the property will be transferred.

• Optionees generally are required to act within the option period or lose their option on the property; purchasers in a purchase contract are often provided, for good cause, a reasonable period of time to complete the transaction even after the settlement date has expired

Mortgages

Ordinarily a home buyer cannot obtain a loan which represents the full amount of the purchase price in any kind of transaction; the purchase of a home is no exception. A down payment is required as a manifestation of the good faith and serious intentions of the borrower and to provide a margin of safety, that is, of value of collateral over debt, for the lender.
The importance of this arrangement to an understanding of the market for homes in fee lies in the fact that, in general terms, credit multiplies the purchasing power of the down payment by a factor which is the reciprocal of the ratio of down payment to the total purchase price. If credit were extended in the full amount of the purchase price, purchasing power would be limited only by the amount which the prospective homeowner could borrow; where no credit is available, purchasing power is limited by the prospective owner’s own resources. If the down payment represents one-half of the purchase price and the other half can be borrowed, the purchasing power of the down payment is multiplied by two; if one-third, by three, etc.

When you are applying for a mortgage, the lender will require you to sign many documents. Do not sign them unless and until you have shown them to an experienced Spanish Fork Utah real estate lawyer. The lawyer will advise you on what you need to do to protect your rights.

Settlement Agent

The settlement process, in a nutshell, involves payment by the purchaser of the acquisition price, signing of the deed of conveyance of the property by the seller, and recording of that deed among the land records of the jurisdiction in which the property is located.

The first step is to understand the role of the settlement agent. The settlement agent acts as the neutral “referee” of the settlement. The settlement agent does not represent any of the parties at the settlement, but instead carries out the instructions of all the parties—the purchaser, the seller, the lender (if any), and the local government.

The main reason that a settlement agent is needed is because it is virtually impossible to carry out the fundamental aspect of a sale directly between purchaser and seller without a level of trust that is not justified by normal market considerations. The seller has to sign the deed conveying the property to the purchaser; the seller does so in exchange for payment of the purchase price. The purchaser has to pay the purchase price, but only when the purchaser can be assured that the seller does indeed have good and marketable title to convey to the purchaser. Without the involvement of the neutral settlement agent, the seller could not be assured that the purchaser was providing all of the required acquisition price (including all funds being provided by third-party lenders or investors). Similarly, the purchaser and the purchaser’s lenders and investors could not be assured that their acquisition funds were being used to acquire a deed to a property that the seller has the authority to convey. The settlement agent holds in escrow the deed and the acquisition funds from all relevant sources until the settlement agent can successfully record the deed and ensure that no unidentified claims have been recorded against the property. An experienced Spanish Fork Utah lawyer can act as settlement agent.

Eminent Domain

The Fifth Amendment states that private property can only be taken for a “public use.” If the government or other condemnors may take private property only for valid public uses, how do we determine if the taking is for a public or private use? The “public use” doctrine can be described as an “essentially contested concept.” This suggests that its meaning has been subject to debate over time. Various courts and legislatures have defined “public use” either from a narrow or a broad perspective. A narrow reading of “public use” indicates “used by the public.” Under this definition, uses such as for bridges, highways, and schools qualify as valid public uses because the public, or at least some segment of it, can actually physically use the property. Critical here is that more than one person benefits and uses the property. A second, broader definition of “public use” equates the meaning to include the “public advantage,” “promoting the public welfare,” the “public good,” and “public necessity.” Here it is not essential that the public actually use the property so long as they benefit from the taking in some way. Again, more than one person must benefit from use of eminent domain. This meaning suggests that almost any project can be construed as a public use, as long as it is shown that it furthers economic development, public welfare, or a better use of local resources. If your property is being taken away by the state or city for public use, contact an experienced Spanish Fork Utah real estate lawyer.

Construction Contract

If you are entering into a construction contract with a contractor, consult an experienced Spanish Fork Utah real estate lawyer. The lawyer can prepare the construction contract.

The construction contract must spell out the various documents that make up the contract documents and incorporates them into the agreement. This is necessary because the agreement alone is not a complete contract and requires the other documents to be binding and inclusive. The contract must name the documents by their generic titles and list separately all of the items that are being incorporated into the agreement- the Conditions (General, Supplementary, and other), the drawings and specifications, any addenda issued prior to the formal agreement, and any other documents necessary to the particular project. The documents and the construction contract together constitute the entire contract and supersedes any other agreements or negotiations that may have occurred.

The owner must be sure that any issues discussed and resolved during negotiations are reduced to writing and included in one of the documents on this list, in order to have any legal effect. The owner also must be careful not to list conflicting or redundant documents.

The standard Changes clause permits the property owner to make changes only within the ‘general scope’ of the contract. Because of this phrase in particular, and the structure of the article in general, the courts have consistently ruled that such a change provision does not authorize a drastic modification beyond the scope of the contract. Rather, a fundamental alteration of this nature is a contract breach, or cardinal change as it is sometimes referred to, entitling the contractor to breach damages. Under established case law, a change outside the scope of the contract is a breach. It occurs when the property owner affects an alteration in the work so drastic that it effectively requires the contractor to perform duties materially different from those originally bargained for.

The issuance of change orders will, of course, have varying effects in different situations depending on the scope and location of the work required by the orders and the timing and manner of the issuance of such orders. The issuance of a large volume of change orders could adversely affect the contractor’s ability to efficiently perform the basic contract. Since such dislocation is a normal and natural consequence of the circumstances, a contractor would be entitled to recover a fair and reasonable amount for the additional costs it sustained.

Spanish Fork Utah Real Estate Attorney Free Consultation

When you need legal help with real estate in Spanish Fork Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you with quiet title actions, evictions, mortgage issues, boundary lines, estate matters and more.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/real-estate-lawyer-spanish-fork-utah/

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Sunday, 3 November 2019

Can My Mortgage Company Refuse Payment?

Can My Mortgage Company Refuse Payment

A mortgage company is a company engaged in the business of originating and/or funding mortgages for residential or commercial property. A mortgage company is often just the originator of a loan; it markets itself to potential borrowers and seeks funding from one of several client financial institutions that provide the capital for the mortgage itself.

That, in part, is why many mortgage companies went bankrupt during the subprime mortgage crisis of 2007-2008. Because they weren’t funding most of the loans, they had few assets of their own, and when the housing markets dried up, their cash flows quickly evaporated.

A mortgage company is often just the originator of a loan; it markets itself to potential borrowers and seeks funding from one of several client financial institutions that provide the capital for the mortgage itself.
Mortgage lenders usually offer a portfolio of mortgages to potential homebuyers including fixed-rate, adjustable-rate, FHA, VA, military, jumbos, refinance, and home equity lines of credit (HELOCs).

The Equal Credit Opportunity Act prohibits credit discrimination based on age, race, color, religion, national origin, gender, marital status or because you get public assistance. It’s also illegal for lenders to discourage you from applying or to impose different terms or conditions because of these factors.

Finally, it prohibits lenders lenders from denying mortgages to retirees if all standard criteria are met—things like your credit score, the size of your down payment, your liquid assets, and your debt-to-income ratio. Although it is unclear how long the trend will continue, positive economic data indicates that for the immediate future homebuyers can continue to benefit from low mortgage interest rates.

Can My Mortgage Company Refuse Payments From Me?

A lender cannot move forward with foreclosure unless they first try to contact the borrower and suggest options that are available to avoid losing the home in a trustee sale. If your lender refuses to accept your mortgage payments, you should call a lawyer.

Has this happened to you?

1. You fell behind on mortgage payments and your lender will not accept anything less than the full amount to bring the account current.

2. You have applied for a loan modification and your lender is sending you foreclosure notices at the same time.

3. Your lender refuses to accept or apply your monthly payments even though you send them to the lender.

If you have fallen behind on mortgage payments and you are facing foreclosure it is common for the lender to send a notice of default with an amount that you must pay to catch up. Your mortgage company may refuse payment from you if they have started the foreclosure process. They may attempt to collect the full amount of arrears that you owe to bring your account up to date. If you go to court, you can force the lender to accept payments and start a payment plan to catch up.

Call us if you want to:

1. Save your home from foreclosure

2. Force your lender to accept your mortgage payments

3. Dispute the amount that your lender is claiming or enter into a payment plan to catch up.

Once the foreclosure process has begun with the notice of default, your lender is required to accept monthly payments if you file for bankruptcy, and you enter into a Chapter 13 plan. Your lender is also required to accept payments if you are approved for a loan modification. Refusal to accept payments in either case is grounds for a legal complaint and you should talk to a foreclosure lawyer about how to move forward.

Once you fall behind on mortgage payments, it is nearly impossible to refinance your home mortgage. Your best bet is to start looking into loan modification programs with your lender and to talk to a foreclosure lawyer if you have been denied for hardship assistance.

Are You Unable to Make Your Monthly Payments on Your House?

By now, most people have been affected by the economic downturn and have lost a job or suffered an illness that makes it difficult to keep up with mortgage payments. A loan modification is a voluntary offer for assistance by your lender which is intended to lower your mortgage payment to an affordable level.

If you have been denied for assistance by your lender, mortgage litigation is possible depending on your situation. It is best to seek legal advice and discuss your case with Utah foreclosure lawyers who are handling this type of law. Ascent Law helps homeowners who are fighting to save their homes by filing lawsuits based on illegal lending practices. If you think that you may be the victim of wrongdoing by your lender, call to schedule a free meeting with a foreclosure attorney at Ascent Law today.

Do you Need Legal Representation?

If you are behind on mortgage payments and you want to avoid foreclosure, it is best to talk to one of the foreclosure lawyers in Utah at Ascent Law and schedule a free meeting to discuss your case. We help people file for bankruptcy and sue lenders to save their homes. When you meet with the foreclosure attorneys at Ascent Law , we discuss estimated mortgage payments that may be affordable. We look at how many months behind on mortgage payments you are, and we present legal solutions that are best for you, in your situation. The best way to see if this makes sense for you is to call Ascent Law LLC and schedule a Free Legal Consultation today.

What to Do When Your Mortgage Payment Is Declined

Mortgage borrowers and their lenders have certain contractual obligations to each other, including adhering to loan repayment terms. As a borrower, you have a duty, for instance, to make your mortgage payments, and the lender has a duty to accept them in most cases. However, the terms of most mortgage loans allow lenders to decline payments from borrowers who fall behind on their mortgage payments. Getting your mortgage lender to accept a payment once it’s declined takes some work, but it can be done.

Double-check to make sure you followed the instructions for submitting your mortgage payment. Verify the account number, mailing address and other account information. If you’re attempting to send a partial payment, the lender can reject it if partial payments aren’t accepted. Once you rule out any possible errors, send the lender a Qualified Written Request asking for an explanation and initiating a complaint. The lender must try to resolve the issue within 60 days of receiving your request. During this period, your credit is protected. The lender can’t report the unpaid mortgage until the issue is resolved.

If you aren’t delinquent on the loan and your lender is refusing your payment, file a complaint with the Consumer Financial Protection Bureau. You can submit the complaint online or over the phone. Provide detailed information about what exactly happened, and be as specific as you can to help the bureau understand your situation. Include dates and the response from the lender when you attempted to make your payment. Indicate your desired resolution. The mortgage company receives a notice of your complaint and has 15 days to respond.

What Happens In Mortgage Law

If your mortgage company refuses your payments, your mortgage is going unpaid. Depending on your state laws, the foreclosure process may begin after just a single missed payment. Not only can the lender foreclose, but your credit score will also suffer. Mortgage companies will typically begin reporting missed payments to the credit bureaus after 30 days. Since payment history accounts for 35 percent of your FICO score, a late payment can wreak havoc on your score.

Possible Explanations

Mortgage loans and the rights to service them are bought and sold. If your mortgage company rejects a payment, the loan may have been sold to another lender. Legally, your lender is required to notify you in writing at least 15 days before another servicer takes over your account. The letter should state the name of the new company, the mailing address, the phone number and the name of a person you can contact with questions. The company purchasing your loan is also expected to mail a similar letter with contact and payment information. If you haven’t received any letters from a new servicer, you should contact your current mortgage company to request clarification.

Mortgage Lawyer Free Consultation

When you need legal help with your mortgage in 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

Source: https://www.ascentlawfirm.com/can-my-mortgage-company-refuse-payment/

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