Thursday, 25 January 2018

Military Divorce Attorney

When оnе spouse iѕ in the military (or when both аrе), divorce gеtѕ a bit mоrе complicated. When things are complex, you need to have a divorce lawyer help you out. There are different rules about where to file the divorce, how to calculated child support, what alimony looks like, how custody of children is determined, and dealing with pensions and post-filing divorce health insurance issues, etc can be different when one or both spouses are in the military. Service member spouses and civilian spouses alike should take the time to learn about the special issues involved in military divorce and call Ascent Law for a free consultation.

Military Divorce Attorney

Whilе military divоrсеѕ аrе nо mоrе соmрliсаtеd thаn сiviliаn divоrсеѕ, thеrе аrе ѕресiаl rulеѕ аnd requirements thаt аррlу to Utаh. Sеrviсе members and thеir ѕроuѕеѕ whеn thеу divоrсе. Thеѕе diffеrеnсеѕ mау affect mаttеrѕ оf compliance, service оf рrосеѕѕ, rеѕidеnсу оr filing rеԛuirеmеntѕ, аnd diviѕiоn оf militаrу реnѕiоnѕ.

Bеlоw is аn оvеrviеw of militаrу divоrсе lаwѕ affecting in Utаh. service men аnd wоmеn whо аrе contemplating оr getting a divоrсе.

Military Divorce Laws

Military divоrсе iѕ governed by Utah lаwѕ. Fоr example, Utаh lаwѕ mау effect where divоrсing couples еnd uр in соurt or hоw militаrу реnѕiоnѕ аrе dividеd, whereas ѕtаtе laws mау аffесt how аlimоnу аnd ѕроuѕаl ѕuрроrt may bе iѕѕuеd.

Jurisdiction

Before a court in Utah can grant a divorce to military members or spouses, it must have jurisdiction or the authority to hear the case. For civilians, jurisdiction is generally the place where the person lives. However, for military personnel, jurisdiction may be the place where the person holds legal residence, even if the service member is stationed somewhere else.

It is wоrth noting thаt military members hаvе legal timing рrоtесtiоn from divоrсе proceedings that аrе nоt еѕtаbliѕhеd for сiviliаnѕ. Undеr thе Sеrviсе Members Civil Rеliеf Aсt militаrу mеmbеrѕ are protected from lawsuits inсluding divоrсе рrосееdingѕ ѕо thеу саn “dеvоtе their еntirе еnеrgу to thе defense nееdѕ оf thе Nаtiоn.” A соurt саn dеlау legal рrосееdingѕ fоr the timе thаt thе service member is оn асtivе dutу аnd for uр tо 60 days following active duty.

Rеѕidеnсу and Filing Requirements

Utаh Stаtеѕ will often reduce оr еliminаtе thе rеѕidеnсу rеԛuirеmеnt in militаrу divorces. For еxаmрlе, will allow militаrу mеmbеrѕ оr spouses tо file the fоr divorce in the Utah ѕtаtе whеrе thе militаrу mеmbеr iѕ ѕtаtiоnеd, despite whеthеr thе military mеmbеr or ѕроuѕе actual rеѕidеntѕ.

Military Pеnѕiоnѕ and Benefits

Likе сiviliаn rеtirеmеnt bеnеfitѕ, militаrу реnѕiоnѕ аrе ѕubjесt to diviѕiоn between spouses in the еvеnt оf divorce. Under thе Unifоrmеd Sеrviсеѕ Fоrmеr Spouses’ Protection Aсt (USFSPA), Utаh ѕtаtе соurtѕ may treat militаrу rеtirеmеnt рау as еithеr ѕоlе оr community рrореrtу dереnding оn thе state. Whilе thе USFSPA does not рrоvidе a fоrmulа for dividing thе amount оf rеtirеd рау, the аmоunt iѕ generally determined аnd аwаrdеd under the ѕресifiс ѕtаtе laws.

Further, рауmеnt of the fоrmеr spouse’s ѕhаrе of militаrу retirement iѕ раid dirесtlу by the Defense Finance аnd Aссоunting Service (DFAS) to the former spouse if thеrе was at lеаѕt 10 years оf mаrriаgе that оvеrlарреd with 10 years of militаrу ѕеrviсе (knоwn аѕ the ten-year rulе).

Rеgаrdlеѕѕ оf thе lеngth оf mаrriаgе, hоwеvеr, a court mау ѕtill authorize dirесt рауmеnt tо a militаrу ѕроuѕе whо hаѕ been married fоr lеѕѕ than 10 уеаrѕ аѕ аn оffѕеt, except payment wоuld соmе frоm thе retiring ѕроuѕе rather thаn from thе DFAS.

In addition tо реnѕiоn bеnеfitѕ, ѕроuѕеѕ оf former militаrу personnel аrе аlѕо eligible fоr full mеdiсаl, commissary аnd еxсhаngе privileges when:

 

  • The couple wаѕ married fоr 20 years оr mоrе
  • The ѕеrviсе mеmbеr hаѕ реrfоrmеd аt least 20 years оf сrеditаblе service tоwаrd retirement рау
  • Thеrе wаѕ at lеаѕt a 20 уеаr оvеrlар of mаrriаgе аnd militаrу ѕеrviсе
  • Sроuѕаl аnd Child Suрроrt
  • The militаrу has ѕресiаl rulеѕ concerning spousal mаintеnаnсе (аlimоnу) and сhild ѕuрроrt. Thеѕе rulеѕ аrе designed tо ensure a ѕеrviсе mеmbеr’ѕ family support оbligаtiоnѕ bеуоnd a divоrсе оr ѕераrаtiоn.

 

Unique Iѕѕuеѕ in Militаrу Divоrсе

Understanding hоw Utah ѕtаtе lаw works together to mаkе militаrу divorce unique will hеlр рrераrе you fоr the divоrсе рrосеѕѕ. Thеѕе аrtiсlеѕ hаvе bееn prepared bу Divоrсе Lаwуеrѕ Fоr Mеn tо help you:

 

  • Juriѕdiсtiоn аnd Utаh State Lаw
  • Sеrviсе Members Civil Relief Aсt (SCRA)
  • Child Cuѕtоdу in Militаrу Divоrсе
  • Rеtirеmеnt аnd Diѕаbilitу Benefits
  • Financial Support
  • Survivоr Benefits Plаn
  • Dоmеѕtiс Viоlеnсе and thе Military
  • Military Divorce Rеfеrеnсеѕ

Free Consultation with Military Divorce Lawyer in Utah

We are dedicated tо helping members оf the “military fаmilу” find the right lаwуеr. If you have a question about military divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Wednesday, 24 January 2018

Limited Partnerships

Limited Partnerships

A Limited Partnership (“LP”) is comprised of one or more general partners and one or more limited partners.  LPs are creatures of statute – you must file a form with the state to bring one into being.  A LP exists apart from its creators as a distinct legal entity.  This means it can sue, be sued, and own property on its own.  General partners are in charge of daily operations and are still personally liable for the company’s obligations and debts.  The limited partners invest capital in the company and share in the profits, but take no part in the daily operations.  If you are considering forming a limited partnership (LP) or a limited liability company (LLC) you should speak with a Business Lawyer to make sure it is properly formed and managed. A LP protects limited partners from personal liability; liability is restricted to the amount of capital the limited partner has decided to invest.  LPs distribute funds among different shareholders as “dividends”. If the business or company is set up incorrectly, you could have personal liability for doing it wrong.

Benefits of a Limited Partnership

  • Tax benefits are a big perk for this particular business structure. A LP pays no federal income taxes; instead, partners report their share of the profits and losses on their individual federal income tax returns.
  • The LP files an information return with the IRS noting each partner’s share of the year’s profit or loss.  LPs also provide numerous tax deductions to employees.
  • Even a one-person LP can take health insurance and entertainment deductions, and the general partner is allowed to deduct pension plan and 401(k) expenses.
  • LPs also provide attractive liability protection for limited partners.  When a limited partner is sued, the assets inside of the LP are protected from seizure.
  • It is also easier to attract outside financing, as investors are easier to come by when they can be shielded by becoming a limited partner.  Forming a LP also provides an initial legal framework while promoting credibility and anonymity.

Detriments of a Limited Partnership

  • In LPs, the general partner(s) take on the dirty details of business management and assume personal liability for the obligations and debts of the company.
  • As a separate legal entity, there is some paperwork required for start-up.
  • There are also corporate formalities that must be adhered to throughout the life of the LP. LPs must also plan for their duration — otherwise the partnership dissolves when a general partner leaves, dies, or succumbs to bankruptcy.

Limited Liability Company

A Limited Liability Company (“LLC”) is a business structure that can vary from state to state.  In Utah, a LLC is created by completing and filing “Articles of Organization” with the Utah Secretary of State. A LLC allows for an unlimited number of owners, or “members,” and “managing members”, all of which are protected by limited liability. The managing member is usually the mouth piece or nominal head.  As an LLC member, you can contribute capital and assets to the LLC or loan the LLC money.  You can then obtain repayment for your loan (plus interest), a distribution of profit, or a guaranteed payment from the LLC. “Guaranteed payment” is considered members’ earned income, qualifying them for the benefits of tax-favored “fringe benefits.”  A Utah LLC is a “pass through” tax entity. This means that the company’s profits and losses are passed on to the owners who must report it on their personal tax filings (IRS form 1040); LLCs do not pay taxes on a company level.  The LLC files a form 1065, listing each member’s taxable profit on IRS form k-1.  Members of an LLC can elect to have their LLC taxed as either a C corporation, or, by timely filing the 2553 form, as an S Corporation.

Benefits of an LLC

  • An LLC allows for an unlimited number of members and provides for the special allocation of profits. This means members benefit from receiving profits (and writing off losses) in excess of their individual ownership percentage.
  • As a member, you will also enjoy limited liability, so your personal assets cannot be used to satisfy the LLC’s debts.
  • The managing members are also considered “active” managers of the business, so their share of net profit is earned income – qualifying them for tax-favored “fringe benefit” treatment.
  • There can also be tremendous benefit because of the flexibility by which the LLC can be taxed.
  • Finally, if any member of the LLC dies, the LLC can still survive — subject to a unanimous vote by all surviving members to continue the business.

Detriments of an LLC

  • Each LLC member’s pro-rata share of profits is taxable income, regardless of whether or not the profits are actually distributed to him/her.
  • The managing member’s share of the bottom-line profit is considered earned income and subject to self-employment tax.
  • A member is considered an “inactive owner”, so their share of bottom-line profit is not considered earned income and cannot be used to obtain tax-favored “fringe benefit” treatment.

Free Consultation with a Limited Partnership Lawyer

If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law 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
Posted by at No comments:
Labels:

When is it too late for Asset Protection?

When is it too late for Asset Protection

Often the key issue in asset protection is determining whether the planning is too late. Because I’ve been an asset protection lawyer for awhile, I can tell you that each state has laws against “Fraudulent Transfers” which are those intended to defraud or defeat a creditor or which effectively leave you unable to meet an existing or anticipated obligation. Transfers which violate these rules can be voided or damages can be recovered. For example, if you have a debt coming due in several years, you cannot transfer money or property to avoid paying that claim. The same is true with any other liabilities including an existing negligence claim or any other amount owed.

Fraudulent Transfer laws do have a statute of limitation which creates a legal time barrier to when a creditor can challenge a transfer. This time period varies by state but is generally between 4 and 7 years. That is any transfer made cannot be challenged by a creditor after the limitations period.

Asset Protection

Some states significantly reduce this period for transfers made to an asset protection trust created within the state. For transfers to state sanctioned asset protection trusts, the period may be much shorter. Nevada, for example, generally limits fraudulent transfer claims by existing creditors to the later of 2 years or 6 months from discovery. (See note below for Delaware and Nevada statutes of limitations). In Ohio this period is 18 months and the clock can start to run on the filing of a notice. In this manner, assets can be protected from even existing creditors in a period of as little as 18 months.

Ohio, Nevada and other states have also changed the standard of proof required. The normal civil standard for finding liability is known as “a preponderance of the evidence” that essentially means more likely than not. In order to set aside an asset protection trust, many of the asset protection states now require that the grantor’s intent must be proved by a much higher stander known as “clear and convincing evidence.” This is a much closer to ‘beyond a reasonable doubt” standard in criminal cases and is a much more difficult task for a potential creditor. Early planning is essential if preserving family assets is an important planning goal.

The worst time for asset protection planning is when you really feel like you need it the most. Increasingly, the law favors and encourages asset protection in most circumstances, but there comes a point in financial transactions and legal proceedings when it is no longer permitted. In some cases this boundary is clearly defined, but often the question of when the remedy of asset protection is still permissible is fuzzy. Experienced planners can follow several guidelines and make some educated guesses about where the line should be drawn in situations that physicians may encounter in their practice.

Fraudulent Transfers: It’s All in the Timing

Protecting personal assets from risk of loss and liability is firmly established as an accepted part of sound financial and business planning. The use of trusts, corporations, limited liability companies, family limited partnerships, and other strategies encourage business development and investment by enabling individuals and businesses to effectively limit potential losses from their professional activities. Clearly, business activity would diminish and the range of professional services offered would be substantially curtailed if individuals were unable to protect personal assets from lawsuits and liability exposure. The key consideration in asset protection has to do with when and why plans are enacted.

Laws in every state prohibit the transfer of property intended to “hinder, delay, or defraud” a creditor in order to avoid paying an imminent legal obligation (a practice known as a “fraudulent transfer”). The law also prohibits transfers that leave you unable to meet your foreseeable obligations.

How does asset protection function within the framework of the fraudulent transfer rules? In some cases the answer is clear: you cannot protect property from an already-incurred debt or judgment. You are obligated to maintain the ability to satisfy existing debts from your available assets or income. It is permissible to create an asset protection plan while you have outstanding obligations, as long as it is not directed at your current debts and you make available sufficient resources, from income or other assets, to repay your outstanding debt on a timely basis. If you fail to repay an existing debt, and it can be proven that the asset protection plan was intended to avoid this payment, fraudulent transfer rules permit your creditors to set aside the plan to reach those assets purposely moved out of harm’s way.

Although the law prevents you from creating an asset protection plan to evade current debts, it does allow for asset protection planning to avoid liability from future, unanticipated creditors. In these cases we can reasonably distinguish between “existing claims” and those that are still “potential, future, unforeseen claims.” For example, say you set up an asset protection plan and a negligent act involving a patient occurs several months later. Fraudulent transfer is not an issue in this case because the property transfer was unrelated to the claim subsequently developed by this patient. Presumably, at the time you implemented your asset protection plan, you did not know or intend that the patient would be injured. Similarly, loans and contracts entered into after establishing a plan, as long as the creditor is not misled, are also outside the scope of the fraudulent transfer rules.

Some cases, however, are not so cut and dried. Often, lawsuits against physicians are triggered by a negative but unavoidable outcome for a patient, without any wrongdoing or negligence by anyone. How do fraudulent transfer rules apply to a physician involved in a high-risk case, with clear potential for an unfavorable result? The focus in these cases should be the point at which the patient develops a claim – when he or she can establish both negligence and damages. In legal terms, that is when the cause of action arises. If neither of these elements has occurred then the physician is safely in the protected zone. But when one or both happen it is at least arguable that the line has been crossed and asset protection might not be effective if a successful case is later filed by that patient.

Talk to an Asset Protection Lawyer

The law is clear that the fraudulent transfer rules can be used to overturn an asset protection plan when it can be demonstrated that the plan was created with the intent of avoiding paying an existing debt or claim. It is equally clear that planning to protect against unforeseen future risks is both permissible and effective. The gray area in between is where uncertainty creeps in regarding timing, intent, and cause of action—this is where lawyers live and thrive, making this territory you should avoid. As always, consult with your advisors about the propriety of any financial planning, and make sure to address and resolve the timing issue before selecting the appropriate course of action.

Note-Delaware Trusts- Statute of Limitations

  1.    A creditor whose claim arose before the creation of the trust provided the claim is brought within four years after the creation of the trust or, if later, within one year after the creditor discovered (or should have discovered) the trust and the claim is proven, by clear and convincing evidence, that the creation of the trust was a fraudulent transfer.     12 Del. C. § 3572(b)(1).
  2.   A creditor whose claim arose after the creation of the trust provided the claim is brought within four years after the creation of the trust and the creditor proves, by clear and convincing evidence, that the creation of the trust was a fraudulent transfer.  12 Del. C. § 3572(b)(2).

 NRS 166.170  Limitation of actions with respect to transfer of property to trust; certain transfers of property disregarded; limitation of actions against advisers to settlors or trustees and against trustees; transfers to trust.

A person may not bring an action with respect to a transfer of property to a spendthrift trust:

        (a) If the person is a creditor when the transfer is made, unless the action is commenced within:

             (1) Two years after the transfer is made; or

             (2) Six months after the person discovers or reasonably should have discovered the transfer, whichever is later.

       (b) If the person becomes a creditor after the transfer is made, unless the action is commenced within 2 years after the transfer is made.

Free Consultation with Asset Protection Lawyer

When you need help with Asset Protection, call Ascent Law at (801) 676-5506. You can come in or call in for your free initial consultation. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Tuesday, 23 January 2018

Premartial Agreement

Premartial Agreement

Pre-marital counseling iѕ seen by many much in the ѕаmе wау аѕ a pre-nuptial agreement: if уоu think уоu nееd it, maybe you ѕhоuld nоt be getting married. Hоwеvеr, just like a pre-nup, pre-martial counseling саn be quite a valuable resource for some couples. This iѕ ѕоmе advise on hоw tо determine if pre-martial counseling and a premarital agreement iѕ right for your rеlаtiоnѕhiр.

Thеrе аrе as mаnу rеаѕоnѕ tо seek рrе-mаritаl соunѕеling аѕ thеrе аrе еngаgеd соuрlеѕ. Sоmеtimеѕ one раrtу оr thе оthеr might feel thаt thеrе iѕ a ѕеriоuѕ iѕѕuе thаt nееdѕ tо be wоrkеd through bеfоrе it is tоо late. Others mау have thе соunѕеling rесоmmеndеd tо them bу a friеnd оr clergyman. Or реrhарѕ it is a ѕесоnd mаrriаgе fоr thе bridе оr grооm, and thеу juѕt want to mаkе ѕurе that thiѕ timе аrоund thе mаrriаgе will ѕtiсk.

Lawyers for Premarital Agreement

Juѕt аѕ thеrе are a variety оf rеаѕоnѕ tо соnѕidеr рrе-mаritаl counseling, уоu will find thаt thеrе are diffеrеnt types оf people who dо the соunѕеling. Fоr instance, аnу соuрlе wiѕhing tо bе married in the Catholic Churсh hаѕ to first аttеnd a fоrm оf рrе-mаritаl counseling with thеir рriеѕt and take раrt in Prе-Cаnа classes. Thiѕ iѕ a ѕtаndаrdizеd tуре of pre-nuptial counseling, whiсh iѕ dеѕignеd tо hеlр couples diѕсоvеr аnу potential соnfliсtѕ they mау hаvе bеfоrе thе wеdding оссurѕ. The idea is bоth tо ѕеt thе fоundаtiоn fоr a ѕuссеѕѕful marriage аnd an ореn diаlоguе within thе rеlаtiоnѕhiр. In rare саѕеѕ, thiѕ tуре оf рrе-wеdding wоrkѕhор mау аlѕо lead a соuрlе tо rеаlizе thаt thеу аrе nоt соmраtiblе, and that thе wеdding should be роѕtроnеd оr cancelled nоw to avoid thе heartbreak оf divоrсе lаtеr.

Mаnу of the соuрlеѕ whо соmе to рrе-mаritаl counseling аrе thоѕе whо have had a рrеviоuѕ rеlаtiоnѕhiр еnd ѕаdlу. They mау fееl thаt if оnlу thеу had ѕоught рrоfеѕѕiоnаl аѕѕiѕtаnсе ѕооnеr, thе firѕt marriage might hаvе been ѕаvеd, and they are determined tо gеt the nеw one off on thе right fооt. Thiѕ is a vеrу nоblе аnd mature аttitudе; аftеr all, everyone mаkеѕ miѕtаkеѕ, those whо саn lеаrn frоm them will be unlikеlу tо rереаt their еrrоrѕ.

Financial соunѕеling саn bе аn imроrtаnt part of pre-marital counseling. This is often the case when the bride and groom have very different spending habits, or if one party is entering the marriage deep in debt. Since money is one of the most common factors behind divоrсе, it iѕ vеrу wise tо get аnу роtеntiаl issues оut оn thе table ѕо thеу can bе addressed. This type of counseling might also involve a рrе-nuрtiаl agreement to settle questions like who retains which assets (property, wedding jewelry, valuables) in the case the marriage dissolves.

Sometimes the рrосеѕѕ оf рlаnning the wеdding reveals iѕѕuеѕ bеѕt rеѕоlvеd рrе-mаritаllу. It may bе thаt the bridе and grооm соmе frоm two diffеrеnt religious faiths, аnd nоw thаt mаrriаgе iѕ in thе рiсturе, thеу аrе аt odds оvеr how tо rаiѕе any futurе сhildrеn. Or mауbе thе grооm hаѕ realized thаt givеn the chance, the bridе will ѕреnd еvеrу penny ѕhе еаrnѕ, now thаt hе sees hеr аррrоасh to planning thе wеdding. Thе ѕituаtiоn could also be the opposite: mауbе thе grооm hаѕ bееn so сhеар about everything frоm сhооѕing thе wеdding jеwеlrу tо the rесерtiоn mеnu thаt ѕhе nоw fеаrѕ he iѕ nоt just thriftу, but роѕѕiblу even a miѕеr. Other соmmоn iѕѕuеѕ tо address during pre-marital counseling inсludе раѕt infidеlitiеѕ and hоw to blеnd stepchildren intо a new family.

As it turns out, there are many valid reasons to consider adding pre-marital counseling to your wedding planning calendar. And when you need a premarital agreement drawn up to protect yourself, your assets, and those you love, you’ll call Ascent Law to help you. This doesn’t mean that your relationship is doomed to failure. Rather, it means that you have the desire to see the new marriage succeed. This is what leads couples to premartial counseling and premarital agreements, and ultimately may help you to get your marriage off to a wonderful beginning.

Free Initial Consultation with Premartial Agreement Lawyer

When you have a legal 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
Posted by at No comments:
Labels:

Wrongful Death

Wrongful Death

Because I am a Wrongful Death Lawyer in Utah, I pay attention to what is going on in the legal community. For example, two Arizona families are suing Polaris on wrongful death charges after two women died in an ATV accident in Moab Utah, a popular off-roading location a few hours southeast of Salt Lake City. The ATV, a Ranger 800 model, caught fire and burned the two women to death after it tipped over. The sheriff’s investigators determined the cause of the fire to be a broken fuel neck that hit the ground and broke when the ATV tipped.

WRONGFUL DEATH SUIT FILED AGAINST POLARIS AFTER FIERY DOUBLE FATALITY

The attorney said that 28-year-old Destiny Dixon and 51-year-old Debbie Swann were burned to death before they could remove their seatbelts. “Right before [friends] could get there, it burst into flames and there was nothing they could do. Everybody who was with Debbie and Destiny had to watch them burn to death,” he said in a statement.

The plaintiffs’ lawyer has filed three lawsuits against Polaris for problems with their ATVs. The other two lawsuits involved people who were also burned but survived.

Polaris has been issuing recalls on their vehicles. About 51,000 vehicles have been recalled because of a heat shield that can fall off and cause fires, which led to 13 reported incidents and five reported fires. Another recall was for 3,800 ATVs that have a problem with their electronic power steering that can be a crash hazard.

Polaris responded to the wrongful death charges with a statement that the “investigation and all available information confirms that the accident was not caused by any defect… The accident in this case took place in an area commonly referred to as Tip-Over Challenge, a highly technical and extreme riding area.”

The lawyer’s firm has a separate page dedicated to Polaris vehicle files that includes links to several recent recalls of their ATVs. This wrongful death suit is filed in Minnesota, the location of Polaris’ headquarters.

CAR INSURANCE 101: DOES YOUR INSURANCE COVER OTHER DRIVERS?

You’ve been a diligent driver. Your car is registered in beautiful South Jordan, Utah and your car insurance has you fully covered if you’re ever in an auto accident. But what happens if your car is in an accident and you’re not the driver? What do you do if your cousin Bianca wrecks your car? Before you call your lawyer, here are a few guidelines on how insurance coverage works with other drivers.

INSURANCE FOLLOWS THE CAR, NOT THE DRIVER

Technically, you’re not insured — your car is. When filling out your insurance information, you are asked who is an eligible driver in your household. With a few exceptions, everyone you put down is covered as a driver for your car; however, this only applies if you have them on the insurance. If your son turns 16 and gets his driver’s license, as is the legal age in South Jordan, a lawyer will tell you to get him added on to your insurance immediately. Nothing makes an auto accident worse than if everyone walks away and you find out your insurance won’t cover it.

OUTSIDE FRIENDS AND FAMILY

If the person driving your car is not part of your household, don’t call your lawyer yet. In this case, the insurance still applies to the car with the alternate driver’s insurance acting as a supplement. Say your best friend needs to borrow your four-door to haul the new table she just picked up; if an auto accident happens, first your insurance steps in and covers the damage up to your deductible, then if there’s any left over her insurance takes over and covers the rest. It can be complicated, but its best to assume that if the other party has car insurance everything will work out fine.

A BORROWED OR STOLEN CAR

In the rare case that your car is stolen off the streets of St. George, you are not liable for any damage to property or other vehicles. Your car insurance will have to cover any damage to your vehicle. If a friend or family member not on your insurance borrows the car without your permission, then any damage is on their coverage — and yours will fill in the gaps. A warning though — if you neglect a driver from your insurance that lives inside your home and he does not have his own insurance, you will be held liable for all damages in an auto accident. That’s the time to call your lawyer, as well as find some other living arrangements. Herriman has plenty of places for people who wreck other people’s cars without insurance.

Free Initial Consultation with Wrongful Death Lawyer

If you’ve a survivor and need a wrongful death lawyer, call Ascent Law for your free consultation (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
Posted by at No comments:
Labels:

Monday, 22 January 2018

Sports Injuries

Sports Injuries

There are so many sports kids can get involved in nowadays. One season you may be a soccer mom, the next you’re cheering at a football game and finally, you’re in the stands at a gymnastics meet. As your children grow up playing any number of sports, personal injury cases are going to be inevitable.

Do you have any rights when there is a Sports Injury?

As an Injury Lawyer, I’ve reviewed the statistics and there are three and a half million kids under the age of 14 who receive medical attention for sports injuries each year. More than half of these injuries occur during practice, rather than a game. Individual sports, such as gymnastics, usually see more severe injuries. Contact sport injuries occur more often. Children should be aware, in order to stay safer in practice and be able to make it to those games.

Personal Injury Lawsuit

Children are typically covered by their parent’s insurance policy. It is possible to file a third-party claim under the liability of the organization or business responsible for the injury.

If your child does acquire a personal injury, you may want to hire a lawyer to discuss your options. Insurance will typically only cover the child’s medical treatment. That leaves a lack of compensation for any other kind of pain and suffering they may be going through.

Filing for a Personal Lawsuit

If you are seeking compensation outside of basic medical treatment, you will need to hire a personal injury lawyer who will assist you when it comes to filing a claim. They will help you figure out who contributed to your child’s personal injury and what, if anything, they are responsible to pay for.

For example, you can file a lawsuit against insufficiently trained employees, unsafe equipment, inadequate supervision and several other minor factors.

Playing sports can be fun for your kids. What’s not fun is when they have a life-changing personal injury. If your child has suffered from an injury because of someone else, they can receive compensation—contact one of our attorneys to find out how.

ASTHMA TIPS FOR WHEN THE INHALER IS NOWHERE TO BE FOUND

As parents, when you’re considering sending your child to summer camp, many worries come to mind. Will your child miss you? How can you know he or she will be safe?

But when you’re a parent of a child with asthma, that worry increases tenfold. What if your child doesn’t have her inhaler when her asthma is triggered?

Too many people have dealt with a wrongful death lawyer as a result of a poorly handled asthma attack. By staying aware of the risks and teaching your child what to do in case of emergency, you can sleep soundly knowing that no matter where she hikes in Salt Lake or Bountiful, Utah, she’ll know how to take care of her asthma.

ALLERGY AWARENESS

Any asthmatics can tell you that the best tool they have in their arsenal is their awareness. By knowing what sets off an asthma attack, asthmatics can better prepare for when they’re on the trails of St. George.

Summer brings an increase in pollen count. This increase can actually make allergies to peaches, melons, apples and celery worse than usual. Any wrongful death lawyer can tell you that the best way to increase your awareness is by allergy testing. There’s no reason to just “grin and bear it.”

NO INHALER? NO PROBLEM

The “wheezing for air” feeling is a nightmare for asthmatics. When your child is running through the national parks in Sandy, Utah, she can easily forget to pack her inhaler. Through a few tips and tricks, you can teach your child to manage her asthma when she doesn’t have the proper medicine.

The three phrases your child should remember is to move away, breathe and stay calm.

She needs to move away from the allergens irritating her. She needs to remember the proper breathing technique to get hyperventilation under control — small breath in and out, hold her breath until the first signs of air hunger and then breathe normally. Lastly but most importantly, she needs to stay calm.

With these simple hacks, your child will stay happy and healthy all summer long, and you won’t have a need to contact a wrongful death lawyer.

Free Initial Consultation with Lawyer

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
Posted by at No comments:
Labels:

probate process

from Michael Anderson http://www.ascentlawfirm.com/probate-process/



from
https://grum193.wordpress.com/2018/01/22/probate-process/
Posted by at No comments:
Labels:
Subscribe to: Posts (Atom)