What Estate Planning Documents Should I Get?

A good estate plan consists of many different components, including what happens to your assets and who should act on your behalf if you are unable to. At a bare minimum, there should be two main components: a last will and testament and a durable power of attorney. In addition to these parts, you can add things such as a trust and even medical directions.

Last will and testament

A will gives you the power to decide what is in the best interests of your children and pets after you’re gone. It also can help you determine what will happen to possessions with financial or sentimental value. It typically names an executor someone who will be in charge of following your directions. Finally, you can include any funeral provisions. Use your will to name guardians for those under your care, including minor children and pets. Designate any assets you are leaving for their care. In the absence of a last will and testament, a probate court will name an executor typically a spouse or grown child for your estate. Probate proceedings are a matter of public record. So keep private information passwords, for example — out of your will, as that information could become part of a public document.

Revocable living trust

A living trust is another tool for passing assets to heirs while avoiding potentially expensive and time-consuming probate court proceedings. You name a trustee perhaps a spouse, family member or attorney to manage your property. Unlike a will, a trust can be used to distribute property now or after your death. If you have substantial property or wealth, a trust can provide tax savings.

Beneficiary Designations

When you purchase life insurance or open a retirement plan or bank account, you’re often asked to name a beneficiary, which is the person you want to inherit the proceeds when you die. These designations are powerful, and they take precedence over instructions in a will. Keep beneficiary designation papers with your estate planning documents. Review and update them as your life changes.

Durable Power Of Attorney

A durable power of attorney allows you to choose someone to act on your behalf, financially and legally, in the event that you can’t make decisions. Don’t put off this chore. You must be legally competent to assign this role to someone. Older people worried about relinquishing control sometimes put off the task until they are no longer legally competent to do it.

Health Care Power Of Attorney And Living Will

To ensure that someone can make medical decisions for you in the event you become incapacitated, establish a health care power of attorney also called a durable health care power of attorney. This is different from the previously mentioned durable power of attorney for financial and legal affairs. A living will lets you explain in advance of your death what types of care you do and do not want, in case you can’t communicate that in the future. It’s strictly a place to spell out your health care preferences and has no relation to a conventional will or living trust, which deals with property. You can use your living will to say as much or as little as you wish about the kind of health care you want to receive.

Digital Asset Trust

You can use a digital asset trust to decide what to do with your electronic property, including your computer hard drive, digital photos, information stored in the cloud and online accounts such as Facebook, Yahoo, Google and Twitter. Create a separate list of your passwords.

Letter Of Intent

For instructions, requests and important personal or financial information that don’t belong in your will, write a letter. Use it to convey your wishes for things you hope will be done. For example, you may have detailed instructions about how you want your funeral or memorial service to be performed. No attorney is needed. The letter won’t carry the legal weight of a will.

List Of Important Documents

Make certain your family knows where to find everything you’ve prepared. Make a list of documents, including where each is stored. Include papers for:
• Life insurance policies
• Annuities
• Pension or retirement accounts
• Bank accounts
• Divorce records
• Birth and adoption certificates
• Real estate deeds
• Stocks, bonds and mutual funds

Make a will

In a will, you state who you want to inherit your property and name a guardian to care for your young children should something happen to you and the other parent.

Consider a trust

If you hold your property in a living trust, your survivors won’t have to go through probate court, a time-consuming and expensive process.

Make health care directives

Writing out your wishes for health care can protect you if you become unable to make medical decisions for yourself. Health care directives include a health care declaration (“living will”) and a power of attorney for health care, which gives someone you choose the power to make decisions if you can’t. (In some states, these documents are combined into one, called an advance health care directive.)

Make a financial power of attorney

With a durable power of attorney for finances, you can give a trusted person authority to handle your finances and property if you become incapacitated and unable to handle your own affairs. The person you name to handle your finances is called your agent or attorney-in-fact (but doesn’t have to be an attorney).

Protect your children’s property.

You should name an adult to manage any money and property your minor children may inherit from you. This can be the same person as the personal guardian you name in your will.

File beneficiary forms

Naming a beneficiary for bank accounts and retirement plans makes the account automatically payable on death to your beneficiary and allows the funds to skip the probate process. Likewise, in almost all states, you can register your stocks, bonds, or brokerage accounts to transfer to your beneficiary upon your death.

Consider life insurance

If you have young children or own a house, or you may owe significant debts or estate tax when you die, life insurance may be a good idea.

Understand estate taxes

Most estates more than 99.7% won’t owe federal estate taxes. Also, married couples can transfer up to twice the exempt amount tax-free, and all assets left to a spouse (as long as the spouse is a U.S. citizen) or tax-exempt charity is exempt from the tax.

Cover funeral expenses.

Rather than a funeral prepayment plan, which may be unreliable, you can set up a payable-on-death account at your bank and deposit funds into it to pay for your funeral and related expenses.

Make final arrangements.

Make your end-of-life wishes known regarding organ and body donation and disposition of your body burial or cremation.

Protect your business.

If you’re the sole owner of a business, you should have a succession plan. If you own a business with others, you should have a buyout agreement.

Store your documents.

Your attorney-in-fact and/or your executor (the person you choose in your will to administer your property after you die) may need access to the following documents:
• Will
• Trusts
• insurance policies
• real estate deeds
• certificates for stocks, bonds, annuities
• information on bank accounts, mutual funds, and safe deposit boxes
• information on retirement plans, 401(k) accounts, or IRAs
• information on debts: credit cards, mortgages and loans, utilities, and unpaid taxes
• information on funeral prepayment plans, and any final arrangements instructions you have made.

If you die without a will, the state law (e.g. probate court) dictates how your property is distributed. The court will also decide who will be your executor and who will be named the guardian for your children. Without a will, depending on how complex your estate is, the probate process could take a long time, often years. Which just creates an additional challenge for your family when they’re grieving? A will makes this process go faster. The bills can add up quickly court costs, probate expenses, fees for attorney, accounting, and appraisal. These can take a chunk of your estate. Having a will in place, especially combined with a trust, often significantly reduces probate expenses. Figuring out where to put your estate planning documents is critical. Why? Because you want it to be easy for someone to find them after you die. Wherever you put them, a trusted relative or friend should be made aware of their location.
Potential places for storage of estate planning documents include:
• Fireproof and waterproof at-home safe.
• Safe deposit box at a bank. Keep in mind, though, that a surviving loved one or friend might have a hard time retrieving documents stored in your safe deposit box. That’s because the bank might require a court order to open the box after you die.
• Probate court or court administrator’s office in your community. This can be done at no charge or a small fee.
• Office of the attorney who prepared the documents.
• Online document storage service.
How Do You Store Important Files Digitally?
Thanks to technology, you can store estate planning documents and other important records digitally. Among the options for digital storage:
• Cloud-based platform like Dropbox, Google Drive or Microsoft OneDrive.
• A portable storage device like a USB drive or external hard drive store in a safe location.
• Document management system, which is software that stores and organizes your records.

If you decide to store estate planning documents on your computer, be sure to encrypt the files where they’re kept. Encryption lets you lock out people who aren’t authorized to access the documents. Usually, a special password will be needed to access encrypted files. You’ll want to share the password with the executor of your estate. It may be wise to also share it with a trusted loved one or a friend in case your executor cannot carry out their duties. Estate planning can give you peace of mind by specifying how you want your wishes to be carried out after you die, such as who you want to have your assets. But to preserve that peace of mind, you should store your estate planning documents in a safe place. In addition, you should make sure it is known where these documents are stored and how to access them. You won’t be able to provide that help after you’re gone, and an estate plan does no good if it’s lost.

Importance Of Original Estate Planning Documents

A decedent’s original will is required to commence probate. Without the original it may be difficult to impossible to probate the decedent’s estate according to the terms of the missing will. When the terms of a missing will can be established, such as through a copy or a duplicate original, then one may try to probate the will that was lost in a fire. However, there is a presumption that if the original was last in the possession of a deceased testator who was competent until the time of death that the missing was revoked by the testator. Preserving an original will is, therefore, very important. Keeping the original in a bank safe deposit box is a good approach, provided someone has a key to the box or is named as a co-owner or co-signatory. With a key to the decedent’s bank deposit box and the decedent’s death certificate, the key holder, upon identification, can access the safe deposit and take possession of any original will. When the original will is retrieved, a copy of the will must be left in the safe deposit box (along with the rest of the contents), the original will must be lodged with the superior court in the county where the decedent resided at death. A copy must be mailed to the person named in the will as executor. Unlike a will, a decedent’s original trust document (with amendments) is neither required to be recorded with any county nor required to be submitted to the court where the decedent resided at death. Nonetheless, it is still best to safeguard the original trust. Normally, a trust and will are kept together. The same applies to any original Trustee Affidavits and Trustee Resignations documents. The original Power of Attorney to manage property, financial, and legal affairs must be maintained. The original is required to be presented at the proper county recorder’s office if the Agent seeks to transfer real property using the Power of Attorney. Other recipients may accept a certified copy of the original, but that process still requires presenting the original document to a notary public or a licensed attorney for copying and certification. Except for the county recorder’s office, the necessity to always present the original power of attorney can be greatly reduced by the power of attorney providing that an unverified photocopy is as good as the original. If the Power of Attorney provides that it is immediately effective when signed, the original document should be kept safe against abuse until such time as its proper use is needed. Some people keep the original Power of Attorney with a trusted person other than the agent with instructions that Custodian to provide the Agent with the Power of Attorney in the event of their incapacity.

Estate Planning Lawyer

When you need a Utah Estate Planning Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

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Utah Code 78A-6-501

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Utah Code 78A-6-501

Utah Code Title 78A-6-501: Judiciary and Judicial Administration.

This part is known as the “Termination of Parental Rights Act.”

Each state have laws stating specific grounds for the termination of parental rights, a process that ends the parent-child relationship from a legal standpoint. A termination of parental rights petition is brought to permanently end the legal rights of the natural parents of a child, thereby “freeing” the child for adoption. While states differ slightly on the exact grounds for termination, most statutes hinge on the consideration of a child’s best interests. For example, parents who are unable to provide a safe home, or who have been convicted of serious acts of child abuse, may have their parental rights terminated. Courts make a variety of decisions that affect children, including placement and custody determinations, safety and permanency planning, and proceedings for termination of parental rights. Whenever a court makes such a determination, it must weigh whether its decision will be in the “best interests” of the child. Most states consider a child’s best interests in termination proceedings. In some states, statutes use general language mandating that the child’s health and safety be paramount in all proceedings, while other states’ legislation lists specific factors that must be considered, such as the child’s age; the physical, mental, emotional and moral well-being; cultural and attachment issues; and the child’s reasonable preferences.

Voluntary Termination of Parental Rights

Typically, parents voluntarily terminate their rights when they wish to give the child up for adoption. Termination of parental rights may be voluntary or involuntary. When it comes to voluntary termination of parental rights, the process is quite difficult because children are generally seen to have a right to a parental relationship and, particularly, a right to receive financial support and care from both parents. Two common situations that often lead to requests to terminate parental rights include a parent who wishes to terminate his/her child support or financial obligation for the child; or a parent who desires to have the other parent completely out of their life.

Reinstatement of Parental Rights

When a court orders the termination of parental rights, the legal relationship between a parent and child ceases to exist. It is very rare and only occurs in especially serious cases, such as those involving child abuse or severe child neglect. And even though a parent may petition the court to voluntarily give up his or her parental rights, the main consideration is always the child’s best interests. Laws allowing reinstatement were drafted generally in response to older children who were aging out of foster care and wanted to re-establish family ties. Usually, reinstatement is available only on the condition that the child has not been permanently placed with a foster home within a given period of time.

How a Family Law Attorney Can Help You

Consider meeting with a family law attorney in your area if you have additional questions about reinstatement of parental rights or would like to initiate the process. Remember, a person whose parental rights have been terminated also loses custody or visitation rights with the child. If the voluntary termination occurred through a state child welfare agency, some states do provide for limited post-termination access to the child by the former parent. The family code of each state governs the rules and procedures for termination and post-termination access, if any. To understand how the laws of your state apply to your situation, contact a qualified family law attorney in your area.

The Process of Termination

The termination of parental rights is usually a long and emotional process. If a parent is accused of abuse or neglect, in most states, the first step is for local child protective services to investigate the situation. In severe cases, the District Attorney may decide to bring charges. If there is evidence of abuse or neglect, the local division of youth and family services (or the equivalent) will open a case. If at all possible, the ultimate goal will be reunification with the biological family. However, in some cases, the abuse is so cruel or severe that this is unlikely. Depending on the circumstances, the child may be removed from the home during this process. During this time period, the local family services agency will usually try to work with the parents to help them be able to provide a safe home in the future. Interventions may include drug and alcohol counseling, mental health treatment, and parenting classes. Parents may or may not have visitation during this period, and they may or may not be supervised during the visitation. At some point, the judge will need to decide whether the child can be returned to their parents’ home or whether termination proceedings will begin. The Adoption and Safe Families Act (ASFA) usually requires the state agency to file a petition for termination if the child has been in foster care for 15 out of the last 22 months. Some states allow exceptions to this rule when the child is in the care of a relative, the state agency has not provided the necessary services to the parent, or there is another compelling reason. The burden is on the court to show that the parent is unfit. Since the right to parent one’s own child is considered very important, some states offer attorneys to indigent parents free of charge for these proceedings. If your parental rights are being threatened, a skilled family law attorney may be able to help you preserve your rights.

Reinstating Terminated Rights

Some states allow terminated rights to be reinstated in certain circumstances. For example, in some states, parents whose rights have been terminated can petition for reinstatement of their rights if the child is not permanently placed by a specific time. However, the parent must prove to the judge that they are fit in order for reinstatement to take place. Depending on where you live, you may be able to have your parental rights reinstated after they have been terminated by a court. While all states have provisions in the law for the termination of parental rights, most states do not allow for the reinstatement of these rights. But even in states that allow reinstatement, parents must be able to show an extraordinary improvement in their ability to properly care for a child before a court will grant such a request. When a court orders the termination of parental rights, the legal relationship between a parent and child ceases to exist. It is very rare and only occurs in especially serious cases, such as those involving child abuse or severe child neglect. And even though a parent may petition the court to voluntarily give up his or her parental rights, the main consideration is always the child’s best interests. Laws allowing reinstatement were drafted generally in response to older children who were aging out of foster care and wanted to re-establish family ties. Since this process is handled in state courts, the laws and procedures vary from one state to the next. At least nine states have laws allowing for reinstatement following termination of parental rights, including California, Illinois, North Carolina, and New York). Usually, reinstatement is available only on the condition that the child has not been permanently placed with a foster home within a given period of time. In states where this is available, a parent must file a petition with the court that originally terminated his or her parental rights. The court will determine whether the parent is fit to provide a safe and nurturing home for the child.

Differences in State Laws

Most states that allow for the reinstatement of parental rights require “clear and convincing” evidence that the parent is fit to care for their child. Nevada law has a much lower standard of proof (“preponderance of the evidence”), while North Carolina law even allows hearsay evidence in court proceedings if it is considered “relevant, reliable and necessary” to determine a child’s best interests. The qualifications for petitioning the court for reinstatement also vary from state to state. For instance, Alaska law restricts this remedy to only those who voluntarily relinquished their parental rights; Louisiana law allows children in foster care over the age of 15 to petition for reinstatement of their parents’ rights; and Washington law doesn’t specify who may or may not petition the court.
The following examples illustrate the differences in state laws:
• California: For eligibility, three years must pass from the date of termination (unless it is determined earlier that the child is not likely to be adopted); court must identify a factual basis for a finding that reinstatement is in the child’s best interest if the child is under 12.
• Nevada: Only the child or legal guardian of the child may petition the court to reinstate the natural parent’s rights; children 14 or older must consent to a reunion with an estranged parent, while the court must indicate a factual basis for reinstatement for children under 14.
• New York: Two years must pass after the date of termination in order to be eligible; the state advises birth parents who are granted reinstatement, helping to develop a reunification plan and transition services.

Voluntary Termination

Typically, when people talk about the termination of parental rights, they are talking about involuntary termination by the court. However, in many circumstances, parents can also voluntarily terminate their parental rights. For example, some states will give parents incentives for voluntarily relinquishing their parental rights by allowing ongoing visitation with the child even after their rights are terminated. Voluntary termination may be in the best interests of all parties when there is a suitable permanent placement available for the child, and parents are unlikely to make the progress necessary for reunification.

Grounds for Terminating Parental Rights

The phrase “termination of parental rights” can be the most frightening words a parent can hear. Fears of losing a child to the system can push a parent to work on improving their situation for the child’s benefit. However, to some, termination brings relief, as the parent knows that they can’t provide for the child but may have been unable to reach out for help. Some parents voluntarily terminate their parental interest as they feel it’s best for the child. The parental rights termination procedure is perhaps one of the strongest legal mechanisms available to protect children in need. In many cases, a termination proceeding is a necessary precursor to the adoption of the child. In some states and cases, it’s possible to reinstate parental rights after termination or consenting to adoption. The exact grounds for terminating parental rights vary from state to state. The following list summarizes the major grounds for terminating a parent’s rights to his or her child.

Child Abuse Factors

• Severe or chronic physical abuse of the child.
• Any sexual abuse of the child.
• Severe psychological abuse or torture of the child.
• Extreme emotional damage to the child inflicted by the parent.
• Child neglect by failing to provide shelter, food, or other needed care as is required by parental obligations.
• Abuse or neglect of other children in the same household.
• Abandonment of the child or extreme parental disinterest.
• Felony conviction of the parent for a violent crime against the child or another family member.
• The child would be at risk if returned to the parent’s home.
Parental Factors
• Long-term mental illness of the parent.
• Long-term alcohol or drug induced incapacity of the parent.
• Failure to support the child.
• Failure to maintain contact with the child.
• Failure to provide education.
• Felony conviction of the parent when the term of imprisonment is long enough to negatively impact the child and the only other source of care for the child is foster care.

• Failure of the parent to comply with a court ordered plan.
• Inducing the child to commit a crime or crimes.
• Unreasonable withholding of consent to adoption by the non-custodial parent.
• The identity or location of the father is unknown after a reasonable attempt to determine or find him.
• The putative or presumptive father is not the child’s biological father.
• Giving birth to three or more drug affected infants.
• Other egregious conduct or heinous or abhorrent behavior by the parent either to the child or others in a way that affects the child.
• Voluntary relinquishment of rights by the parent.
• Failure of reasonable efforts to rehabilitate the parent and reunite the family.
Additional Factors
• The child has been in foster care for 15 of the most recent 22 months, and the parent is still not ready for reunification.
• Risk of substantial harm to the child.
• The child’s need for continuity and care.
• The child was conceived as a result of rape or incest.
• A newborn child is addicted to alcohol or drugs.
• The child has developed a strong and healthy relationship with his or her foster or other substitute family.
• The preference of the child.

Termination of Parental Rights Lawyer

When you need legal help with termination of parental rights in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

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International Corporate Attorney

If you watch too much television, you might believe that lawyers negotiate deals one day and head to the courtroom for high-profile litigation the next. This is highly unusual in the real practice of law. While both litigators and corporate lawyers deal with corporations, they do so in very different ways. One of the basic divisions in the practice of law is between litigation and corporate, or transactional, law, and almost every attorney will decide between these two areas either while they are in law school or very early in their career. Most people understand what litigators do (although they may overestimate how much time they spend in an actual courtroom), but corporate law is less understood. Many aspiring lawyers would prefer helping to create a business venture to suing one. Attorneys who facilitate transactions in the fields of corporate or tax law, intellectual property or employee benefits are considered transactional lawyers. In the world of business, transactional lawyers try to set up deals in ways that avoid litigation, and make clear the rights and responsibilities of all parties in the event that something does go wrong. The difference between corporate law and commercial litigation is simple. Corporate lawyers craft transactions or deals, and litigators step in when those transactions go wrong. Litigators resolve disputes through the judicial system or through alternative methods, such as mediation or arbitration. Basically, they advise businesses on their legal obligations, rights and responsibilities. Attorneys who call themselves corporate lawyers are usually corporate generalists, lawyers who advise businesses on their legal obligations, rights and responsibilities, provide advice on business structures and evaluate ventures. In order to serve the sophisticated needs of their clients, corporate lawyers also coordinate with fellow transactional lawyers in such specialties as tax, ERISA and real estate.

Many firms use the terms “transactional” and “corporate” interchangeably when describing areas of practice. Corporate lawyers structure transactions, draft documents, negotiate deals, attend meetings and make calls toward those ends. A corporate lawyer works to ensure that the provisions of an agreement are clear, unambiguous and won’t cause problems for their client in the future. (Or are ambiguous in such a way that the client’s interests are served.) Corporate attorneys also advise on the duties and responsibilities of corporate officers, directors and insiders. Not all firms categorize the varieties of corporate practice in the same way. For example, some firms might have separate practice groups for antitrust or mergers and acquisitions, while others include them within their corporate department. The following list, while not exhaustive, outlines some of the areas in which corporate attorneys might spend their time. A corporation is a legal entity created through the laws of its state of incorporation. Individual states make laws relating to the creation, organization and dissolution of corporations. The law treats a corporation as a legal person that has the standing to sue and be sued, and is distinct from its stockholders. The legal independence of a corporation prevents shareholders from being personally liable for corporate debts. The legal person status of corporations gives the business perpetual life; the death (or, in today’s climate, discrediting) of an official or a major stockholder does not alter the corporation’s structure, even if it affects the stock price. A corporate lawyer can help a client create, organize or dissolve a business entity. To form a corporation, attorneys draft articles of incorporation, which document the creation of the company and specify the management of internal affairs.

Most states require a corporation to have bylaws defining the roles of officers of the company. Corporate lawyers also deal with business entities in the forms of partnerships, limited liability companies, limited liability partnerships and business trusts; and each form has its own set of legal rights and responsibilities, organizational structure and tax burdens. Attorneys help their clients decide which of these legal forms is best suited for the business they want to run and the relationships the principals want to build with each other. A corporate lawyer who helps a client form a company might later be called upon for other legal advice related to the startup or management of the business, like reviewing a lease for office space or equipment, or drafting employment contracts, nondisclosure and non-compete agreements. Corporate lawyers might research aspects of employment law or environmental law, or consult with another attorney who specializes in that field. Business executives also seek advice from corporate attorneys on the rights and responsibilities of corporate directors and officers.

Mergers And Acquisitions Law

One major corporate practice area is mergers and acquisitions (M&A). Through acquiring (buying) or merging with another company, a business might add property, production facilities or a brand name. A merger or acquisition might also work to neutralize a competitor in the same field. M&A attorneys provide legal counsel about proposed transactions. Typically, to evaluate a proposed venture, a team of corporate lawyers reviews all of the company’s key assets and liabilities, such as financial statements, employment agreements, real estate holdings, intellectual property holdings and any current, pending or likely litigation. This is called due diligence. The lawyer(s) can then assess the situation and raise specific issues with the client. Mergers and acquisitions lawyers consult with their clients on these questions, and together attorney and client determine which parties should accept current or potential liabilities. The lawyers then draft the merger or acquisition agreement and negotiate in detail the terms of each party’s rights, responsibilities and liabilities.

Venture Capital Law

In a venture capital practice, a lawyer works on private and public financings and day-to-day counseling. This means that he or she helps new businesses find money for their ventures, organizes their operations, and maintains their legal and business structures after formation. In venture capital, as in any corporate law position dealing with emerging companies, lawyers help build and expand businesses. Their responsibilities can include general corporate work, like drafting articles of incorporation and other documents, as well as technology licensing, financing, and mergers and acquisitions. Some lawyers find this type of work less confrontational because the client is working with other parties toward a common goal. Sometimes, in mergers and acquisitions, the parties see the process as a zero-sum game in which each must get the best deal no matter how it may affect future relations with the other company. This is especially the case in hostile takeovers.

Lawyer For Project Finance

The development and construction of power plants, oil refineries, industrial plants, pipelines, mines, telecommunications networks and facilities, and transportation systems involve the cooperation of many different entities, many different lawyers and extremely large sums of money. Project finance attorneys specialize in these deals. They form a project entity, a corporation, partnership or other legal entity that will exist for the term of the project, and they draft power purchase agreements and construction contracts, and negotiate financial terms with lenders and investors.

Corporate Securities Attorney

Some corporate lawyers specialize in securities law. On a federal level, the Securities Act of 1933 requires companies that sell securities to the public to register with the federal government. Corporations must follow certain protocols regarding the disclosure of information to shareholders and investors depending on the size of the corporation and the type of investor. If shares of a company’s stock are traded on a public stock exchange, the company has to file detailed reports with the Securities and Exchange Commission and distribute parts of those reports (the prospectus) to shareholders. The Securities Act of 1934 addresses the obligations of companies traded on a national stock exchange. To ensure the companies remain in accordance with these laws, corporate attorneys prepare reports for initial public offerings, yearly and quarterly disclosures, and special disclosures whenever something happens that might affect the price of the stock, like impending litigation, government investigation or disappointing financial results. Even if you don’t specialize in corporate securities law, the issuance of stock and the creation and distribution of the reports are subject to a whole host of rules with which corporate lawyers must be familiar.

International Law

International law is a system of treaties and agreements between nations that governs how nations interact with other nations, citizens of other nations, and businesses of other nations. International law typically falls into two different categories. “Private international law” deals with controversies between private entities, such as people or corporations, which have a significant relationship to more than one nation. “Public international law” concerns the relationships between nations. These include standards of international behavior, the laws of the sea, economic law, diplomatic law, environmental law, human rights law, and humanitarian law. Some principles of public international law are written, or “codified” in a series of treaties, but others are not written down anywhere. These are known as “customary” laws, and nations consent to them by doing nothing. Since most international law is governed by treaties, it’s usually up to the individual nations to enforce the law. However, there are a few international organizations that enforce certain treaties.

International Business Legal Terms to Know

• Ambassador: A government official who facilitates communication between two nations.
• International Court of Justice: The judicial branch of the United Nations, which resolves disputes between nations and issues advisory opinions on issues of international law.
• Interpol: An international network of police organizations that work together to solve international law.
• Security Council: A special committee within the United Nations that determines whether a particular situation will create a threat to international security.

What Is The Role Of The Corporate Lawyer?

The role of a corporate lawyer is to advise clients of their rights, responsibilities, and duties under the law. When a corporate lawyer is hired by a corporation, the lawyer represents the corporate entity, not its shareholders or employees. This may be a confusing concept to grasp until you learn that a corporation is actually treated a lot like a person under the law. A corporation is a legal entity that is created under state law, usually for the purpose of conducting business. A corporation is treated as a unique entity or “person” under the law, separate from its owners or shareholders. Corporate law includes all of the legal issues that surround a corporation, which are many because corporations are subject to complex state and federal regulations. Most states require corporations to hold regular meetings, such as annual shareholder meetings, along with other requirements. Corporate lawyers make sure corporations are in compliance with these rules, while taking on other types of work.
Contrary to popular belief, most corporate lawyers rarely step foot in courtrooms. Instead, most of the work they do is considered “transactional” in nature. That means they spend most of their time helping a corporation to avoid litigation.
More specifically, corporate lawyers may spend their time on:
• Contracts: Reviewing, drafting, and negotiating legally-binding agreements on behalf of the corporation, which could involve everything from lease agreements to multi-billion dollar acquisitions
• Mergers and acquisitions (M&A): Conducting due diligence, negotiating, drafting, and generally overseeing “deals” that involve a corporation “merging” with another company or “acquiring” (purchasing) another company
• Corporate governance: Helping clients create the framework for how a firm is directed and controlled, such as by drafting articles of incorporation, creating bylaws, advising corporate directors and officers on their rights and responsibilities, and other policies used to manage the company
• Venture capital: Helping startup or existing corporations find capital to build or expand the business, which can involve either private or public financing
• Securities: Advising clients on securities law compliance, which involves the complex regulations aimed at preventing fraud, insider training, and market manipulation, as well as promoting transparency, within publicly-traded companies
In many cases, corporate lawyers work in large or mid-size law firms that have corporate law departments. Some corporate lawyers work in-house, and most large corporations have their own in-house legal departments. In-house corporate lawyers generally handle a wide variety of issues. The path to becoming a corporate lawyer is not that different from the path to practicing another area of law.

What Skills Do Corporate Lawyers Need?

Corporate lawyers should have excellent writing, communication, and negotiating skills because these skills are relied upon so heavily in day-to-day corporate law work. Because corporate law is a diverse practice area that touches on many different transnational, regulatory, and business-related matters, it’s important for a corporate lawyer to have the desire to learn about many different areas of law, unless they want to specialize in one niche area such as securities law. Additionally, many corporate lawyers have multiple clients in different industries, which mean they must be willing to learn the ins and outs of those unique industries. Finally, corporate lawyers need the skills and wherewithal to reach out to other lawyers when they reach a specialized topic that they don’t have experience with such as tax, ERISA, employment, or real estate.

Free Consultation With International Business Lawyer

When you need legal help from an international business lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

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4.9 stars – based on 67 reviews

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Marijuana Conviction Expungement

A marijuana possession charge in Utah can be filed as a misdemeanor or as a felony charge, depending on a variety of circumstances. Any Utah marijuana possession charge carries the possibility of jail time and substantial fines. If you are facing prosecution for marijuana or other drug-related charges, an experienced drug crimes and criminal defense attorney can make all the difference.

Second-Degree Felony Marijuana Charges

At the second-degree felony level, a marijuana conviction in Utah carries the possibility of up to 15 years in prison and a $19,000 fine (including surcharge). Marijuana possession can be filed as a second degree felony under the following circumstances: possession with the intent to distribute within a drug-free zone; actual distribution of marijuana within a drug-free zone; or possession of more than 100 pounds of marijuana (regardless of intent).

Third-Degree Felony Marijuana Possession

A third-degree felony marijuana charge in Utah is punishable by up to five years in prison and a fine (including surcharge) of up to $9,500. Marijuana possession is classified as a third-degree felony under the following circumstances: possession of more than 16 ounces but less than 100 pounds of marijuana; possession of marijuana with the intent to distribute (with no drug-free zone enhancement); or growing or cultivating marijuana (regardless of the amount).

Class A Misdemeanor Marijuana Charges

A class A misdemeanor marijuana charge is punishable by up to one year in jail and fines up to $4,750 (including surcharge). Marijuana possession can be filed at the class A misdemeanor level if: the amount of marijuana possessed is at least one ounce but less than 16 ounces; or possession of less than one ounce of marijuana in a drug-free zone.

Class B Misdemeanor Marijuana Possession

Class B misdemeanor charges in Utah are punishable by up to 180 days in jail and up to $1,900 in fines (including surcharge). A basic charge of marijuana (less than one ounce) begins as a class B misdemeanor.

Defenses to Marijuana Charges in Utah

An effective defense to marijuana possession or distribution charges in Utah can involve important Constitutional rights under the Fourth Amendment or Fifth Amendment. Motions may be needed seeking the suppression of evidence. Factual defenses may include constructive possession defense issues. The knowledge and intent of the defendant can serve as potential sources of a factual defense to criminal marijuana charges. A thorough understanding of procedural rules, relevant statutory provisions, and related case law can be critical to mounting a successful defense. An understanding of how substance abuse treatment and mitigation can influence the outcome of the case and lead to a successful negotiated resolution may also be critical. Possession of marijuana is a criminal offense in Utah. The amount of marijuana you have in your possession will determine the crime and penalties that you will receive for a possession offense. Marijuana possession can earn you serious penalties if you are caught with a large amount of marijuana. If you or a family member was arrested for marijuana possession, you should consult with an experienced Utah drug possession lawyer.

Utah Marijuana Possession Laws

The requirements to charge an individual with marijuana possession and other drug crimes are listed under Utah’s Controlled Substances Act. A combination of state and federal laws makes it illegal to not only possess a certain amount of marijuana but also to possess any drug paraphernalia needed to use marijuana. Marijuana possession, sometimes referred to as simple possession, is an offense that arises out of possession of marijuana for personal use. This contrast with an offense for possession with intent to distribute (PWID), a crime that focuses on the offender manufacturing and distributing drugs. The possession of marijuana is also referred to by terms like “actual possession” and “constructive possession,” depending on how law enforcement located the drugs. If an offender actually possessed marijuana when they were arrested, it means that they had it on their person or in an item that they were carrying. If an offender constructively possessed marijuana, it implies that they had knowledge of and control over the drugs found by law enforcement. For example, if you hid drugs in the trunk of your car or in a safe in your home, you will likely be charged with possession if law enforcement finds it, even if you did not have the drugs on your person.

Penalties for First Offense Marijuana Possession

To reiterate, the penalties for marijuana possession are directly correlated to the amount of marijuana that you are discovered with. If the weight of the drugs in your possession is over a certain limit, you risk being charged with a felony instead of a misdemeanor, even if this was the first time you were arrested for possession. If you are found with less than 100 pounds of marijuana, you will likely receive a class B misdemeanor charge. The penalties for a class B misdemeanor are a maximum of six months in jail and up to $1,000 in criminal fines. If you receive a class B misdemeanor conviction for marijuana possession, you may be given the option to perform compensatory service instead of paying a fine. The hours you will have to work typically depend on the amount of your criminal fine. If you were granted the option of compensatory service, you could volunteer with:
• A charity
• Utah state or local government agencies
• A business or organization approved by a Utah court
If you are arrested with over 100 pounds of marijuana in your possession, you can be charged with a second degree felony. In Utah, second degree felonies carry a maximum penalty of 15 years in prison and $10,000 in fines. Additionally, there are other factors that could make a possession charge even more severe. For example, if you are arrested with drugs in a school zone, the penalties for possession may be increased, or you may even be charged with an additional crime. However, it is important to note that if you are a nonviolent, juvenile or first time offender, you may be eligible for drug rehabilitation programs instead of being incarcerated.

Types Of Marijuana Offenses

Marijuana is considered a Schedule I controlled substance in Utah. The amount of marijuana and crime associated with it will determine the severity of the marijuana charge and its resulting penalties. Under Utah marijuana possession laws, the following are punishable offenses, listed in order of severity.
• Possession of paraphernalia
• Possession with intent to deliver
• Distribution, sale or delivery of marijuana or paraphernalia
• Cultivation – growing and/or harvesting cannabis seeds
• Trafficking – importing into or exporting out of the state
Marijuana Possession Conviction Penalties
The potential punishment is directly dependent on to the amount of marijuana in your possession at the time of arrest. The amount in your possession also determines the classification of the charge as a misdemeanor or a felony. In addition, the number of offenses also affects the severity of the charge. The various levels of marijuana possession penalties in Utah are listed below:
• One ounce or less – class B misdemeanor
• Up to six months of jail time
• Up to $1,940 in fines and an assessment
• Possession in a drug-free zone such as a school, church or park can result in charge being upgraded to a class A misdemeanor
Between one ounce and one pound – class A misdemeanor
• Up to 12 months jail time
• Up to $4,790 in fines and an assessment
Between one and 100 pounds – third-degree felony
• Up to five years in Utah State Prison
• Up to $9,540 in fines
• Over 100 pounds – second-degree felony
• Up to 15 years in Utah State Prison
• Up to $19,040 in fines and an assessment

Utah Marijuana Distribution Penalties

Other transactions involving marijuana, such as sale and distribution, hold a greater punishment than possession alone. For a first time conviction, distribution of any amount is a third-degree felony. Penalties included with the charge are $5,000 in fines and a sentence up to five years in Utah State Prison. Distribution in a drug-free zone or in the presence of a minor, as well as subsequent conviction will increase the felony classification and penalties. At the minimum, a mandatory five-year prison sentence will be served with any first-degree felony conviction.

Permitted Prescribers of Medical Marijuana in Utah

Only those medical providers registered with the Utah Department of Health to recommend Medical Cannabis can issue recommendations for Medical Cannabis. To be deemed qualified by the department, a health care provider must:
• Be licensed in Utah
• Be a medical doctor, osteopathic physician, advanced practice registered nurse, or physician assistant
• Complete appropriate continuing medical education courses
• Have authority to prescribe Schedule II drugs
• Pay a fee of $300

Process for Legally Obtaining Medical Marijuana

If the patient does not yet have a Medical Cannabis Card, she or he must follow these steps to obtain Medical Marijuana legally in Utah:
 Get a recommendation letter from a qualified medical professional.
 Take the recommendation letter to a Medical Cannabis pharmacy.
 The Medical Cannabis pharmacy must obtain independent confirmation from the medical provider or an employee of the medical provider that the letter is valid.
 Present a valid form of photo identification.
Patients must follow these steps to obtain a Medical Cannabis Card:
 The patient must be a Utah resident with at least one qualifying condition
 The patient must meet in-person with a qualified medical professional.
 The medical provider then certifies the patient’s eligibility for a Medical Cannabis Card online.
 Patient pays a $15 application fee online.
 The Utah Department of Health will approve or deny the application within 15 days.
 When approved, the patient can use the card to purchase at any of the authorized Medical Marijuana pharmacies in Utah.
 The initial card expires in 90 days unless the patient and provider renew online. Subsequent renewals will be valid for six months or a year.
Penalties for Violating Utah Marijuana Laws
Possession of any amount of marijuana is a misdemeanor at least, unless the possessor is a Medical Marijuana patient. Any sale of marijuana outside of one of the authorized Medical Marijuana dispensaries/pharmacies is a felony.

Marijuana Possession: Laws & Penalties

According to the National Institute on Drug Abuse, marijuana ranks as the most commonly used illegal drug in the United States. While some states have passed laws permitting or decriminalizing possession of small amounts of marijuana, marijuana remains an illegal controlled substance under federal law. The conflict might someday be resolved, but for now, federal and state law are at odds with each other. As a result, federal consequences are possible even when people follow state laws about marijuana use and possession.

Federal Marijuana Law

Federal drug laws classify marijuana as a Schedule I drug. A first possession offense of any measurable amount carries misdemeanor penalties of imprisonment for up to one year and a minimum $1,000 fine. The penalty increases to a felony for a second possession offense. If someone possesses marijuana in order to sell it or for other criminal reasons, the penalties become much harsher including possible mandatory prison time and forfeiture of property or money. Federal prosecutors can prosecute conduct that is legal under a state’s marijuana laws. While federal prosecution for marijuana possession when state law allows it isn’t common, the rise in the number of states authorizing certain medical and recreational marijuana use has prompted the federal government to reevaluate its enforcement policies from time to time.

Utah State Marijuana Laws

Some states follow federal law and prohibit any possession of marijuana. But a growing number of states have enacted laws that split from federal law and allow possession of small amounts of the drug.

Medical Marijuana In Utah

More than 30 states have approved medical marijuana programs. Regulations vary widely between states. To legally purchase and possess medicinal marijuana, most states require patients to register with the state or obtain a specific identification card. Some states allow patients to grow their own marijuana, while others allow access only through regulated dispensaries.

Utah Legalization Of Marijuana

A few states have legalized possession of small amounts of marijuana for personal use by adults. But, even in these states, limits exist. In “legalized” states, laws still control:
 who can use marijuana (usually adults age 21 and older)
 how much marijuana is too much to have, and
 where marijuana can be smoked (often not in public places).
And similar to alcohol, driving under the influence of (legal) marijuana remains illegal (and dangerous).

Decriminalization Of Marijuana In Utah

Instead of legalizing recreational use of marijuana, some states have decriminalized it. What’s the difference? In “decriminalized” states, the law still prohibits possession of small amounts of marijuana, but punishment is typically a civil fine or low-level criminal infraction that can’t result in jail time.

Utah Sealing Past Convictions

A number of states that have legalized or decriminalized marijuana possession allow people with past convictions to seal or expunge their old records. Depending on the state, the process can be automatic or require people to petition the court. Clearing your criminal record often helps in obtaining jobs, housing, and professional licenses.

Expungement Lawyer

When you need legal help with an expungement in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Law Firm Focusing On Church Law

How to Hire an Attorney for Your Church

There are occasions when a church board must hire an attorney. Here are some examples:
• A church dismisses an employee who later sues the church for discrimination. The church board discovers that the church insurance policy does not cover employment practices, and so it is forced to hire an attorney to defend the church in the lawsuit.
• A church receives a $100,000 gift in the will of a church member who died recently. The church is immediately contacted by an attorney representing the deceased member’s heirs, demanding that the church renounce this gift in favor of the heirs. The church hires an attorney to represent its interests.
• A local tax assessor informs a church that a vacant tract of land that it owns is going to be placed on the tax rolls. The church hires an attorney to establish that the property is exempt from taxation.
• A local zoning board refuses to let a church purchase a tract of land for the construction of a new sanctuary. The church board hires an attorney to represent the church’s interests.
• A church would like to prepare an employee handbook. The church board hires an attorney to assist with this project.

• A church member demands to inspect virtually all of a church’s records in order to determine if the church is being governed properly. The church board hires an attorney to assist in responding to the member.
Church leaders often do not know where to begin when faced with the need to hire an attorney. Here are some tips that may help:
• Be aware that many lawsuits and legal claims will be covered by your church insurance policy. If so, then your insurer will provide your church with an attorney to defend you. You will have little or no role in the selection process. If you are sued, or threatened with a lawsuit by an attorney, you should immediately turn the lawsuit or correspondence over to your insurer to determine if it is a covered claim.
• If a lawsuit or legal claim is not covered by your insurance policy, then you need to quickly hire an attorney to represent you. An answer to a lawsuit ordinarily must be filed within a few days after it is served, and so you will not have much time. This is especially critical when your insurer spends several days evaluating coverage and concludes that the claim is not covered under your insurance policy.
• If you are looking for an attorney to assist with a specific legal issue, contact other churches in your community to see if they have used an attorney for a similar issue, and if so, ask for their evaluation of their attorney.
• If your legal issue requires a specialized knowledge of church or nonprofit law, then call several local attorneys and see if they represent any churches or nonprofit organizations. Ideally, you will want to stick with an attorney with experience in handling your specific concern.

• Unfortunately, few attorneys are able to specialize in “church law,” and so many church leaders are unable to find an attorney in their community with experience handling church legal issues. In such a case, you should consider retaining an out-of-town attorney. There are a few excellent regional and national law firms that have experience representing churches. In some cases, their fees may be higher, but this is almost always offset by their expertise. Does it make sense to pay a lower hourly fee to a local attorney who has to spend hours educating himself about your issue, or, to pay a higher hourly fee to a specialist who will work significantly fewer hours? In addition, you are much more likely to receive a helpful and accurate response from an attorney who specializes in church law.
• If possible, identify a few candidates for the job, and then solicit bids from them.
• Often, a member of the church board will be acquainted with a local attorney, and will want to use this person to represent the church with respect to a particular issue. This should not necessarily be the basis for hiring an attorney, especially if the local attorney lacks experience in working with churches.

Reasons to Hire a Lawyer for Church

Not every legal matter requires the use of an attorney. Fighting a speeding ticket and going to small claims courts are two examples. However, in many other situations involving a legal dispute, challenge, or deal, you may not wish to chance the risks of going it alone without the advice of an experienced lawyer who can help you out. In fact, while good legal representation may not be cheap, it can help get you out of a number of sticky situations. While each person’s legal situation is different, there are times when you really should hire a lawyer. In fact, failing to work with an attorney in certain instances can lead to broken agreements, lost claims, or even prison time. Below are the reasons to hire an attorney.
• The Law is Complicated: If you’re not a lawyer you probably have no business acting like one in certain instances. Even experienced lawyers typically do not represent themselves in court. Also, attorneys tend to specialize in one or more legal practice areas, such as criminal defense or tax law. A solid case can quickly unravel without the help of a trained and emotionally detached attorney. Similarly, failing to hire a lawyer when starting a business, reviewing a contract, or embarking on other endeavors with potential legal ramifications can result in otherwise avoidable pitfalls.

• Not Having a Lawyer May Cost You More: A criminal case may determine whether or not you spend time behind bars, while a civil case could hurt you financially. Besides, there are many civil attorneys who don’t actually collect a dime from you unless they win your case. Also, you may be able to claim legal fees as a plaintiff in a civil case, so hiring a lawyer can actually save or make you money.
• Lawyers Know How to Challenge Evidence: Without the proper legal training, you may not be able to know whether a key piece of evidence against you was improperly obtained or that the testimony of a witness contradicts an earlier statement.
• Filing the Wrong Document or Following the Wrong Procedure Could Ruin Your Case: If you’re not an attorney, you may struggle with the deadlines and protocol for properly filling out and filing certain legal documents. One late or incorrect filing could derail your case, delay a given legal procedure or worse – have the case thrown out altogether (and not in your favor).
• They Have Access to the Witnesses and Experts You’ll Need on Your Side: Attorneys depend on an extended network of professionals to help their clients ‘ cases. Most non-attorneys don’t personally know the types of professionals who can help with discovery or challenge evidence or testimony by the opposing party.
• A Lawyer Can Present Your Strongest Case: Pleading guilty or admitting fault isn’t the only choice, even if there’s evidence pointing directly at you. When you hire a lawyer, they can explain all of your options and can help you avoid potentially severe penalties even before a trial begins.
• It’s Always Better to Avoid Problems Rather Than Fix Them Later: You may have heard the saying that “an ounce of prevention is worth a pound of cure.” Well, hiring a lawyer in many instances will help you avoid potential legal headaches down the road. Do you really understand the fine print of that contract you are signing and what it will mean for you down the road? A lawyer will.
• Lawyers Know How to Negotiate Settlements and Plea Bargains: An experienced lawyer probably has seen cases similar to yours or at least knows enough to make a calculated guess about how it might get resolved at trial. Sometimes a settlement is the best choice, while other times it makes more sense to see your case through to trial. An attorney can also help negotiate a fair settlement with the opposing party.
• The Other Party Probably Has Legal Representation: Non-attorneys are generally at a disadvantage when squaring off against opposing counsel or doing business with another party that has legal counsel. As explained above, the law is complicated and an attorney representing your adversary (or even a non-adversarial party entering into a legal agreement with you) will take advantage of this inequity.
• Lawyers Often Provide a Free Consultation: Since many attorneys will meet with you for free during a face-to-face consultation, there is really no harm in talking with one. Not only will a free consultation give you an idea of the type of case you have and its likely outcome, it will help you decide whether you actually need to hire a lawyer.

When Does A Church Need An Attorney?

When someone is starting or joining leadership in a religious institution, legal considerations are often towards the bottom of the priority list. However, religious institutions of all faiths need to be aware of areas where they may need advice from a licensed attorney in order to best serve their membership and carry out their faith. Here are some of the most common areas where a church or other religious organization should consult an attorney.
• Governing Documents: The majority of religious organizations operate under the direction of one or more governing documents. It is absolutely vital that these documents be kept up to date and reviewed on a regular basis. An attorney will be able to provide valuable advice and suggestions about what to include in these documents to give the maximum protection to the organization.
• Real Estate and Land Use: If your religious institution needs to move locations or expand its current location, an attorney will often be necessary. In this case, an attorney can help with reviewing your real estate transaction documents, determining whether your land use is permitted in the proposed location, or securing a variance or special use permit from the municipality if necessary.
• Employment: When hiring and firing lay employees, religious institutions must consider state and federal employment law. Discussing particular employment situations with an attorney before acting can save an organization thousands of dollars and an immeasurable amount of negative public perception. Further, an attorney can help prevent difficult situations in the first place by providing your organization with a clear and comprehensive employee handbook.
• Litigation: This is the obvious scenario where an attorney is needed. If a religious institution is presented with a lawsuit, it should immediately seek out an attorney with experience representing religious institutions, as the unique culture and issues in these types of lawsuits often call for a specialist. An attorney specializing in representing religious institutions will be able to better understand issues that are important to the organization, and will be familiar with the special challenges and opportunities presented.

• Denominational Relations: In today’s changing culture, many of the traditional denominations in Utah are changing also. It is inevitable that some congregations will feel called away from their past denominational affiliations for one or more reasons. When separation is being considered, it is vital to consult an attorney who is familiar with the process of leaving a denomination. Various legal issues will need to be considered before undertaking a separation and an understanding and knowledgeable counselor will ease the transition for all involved.
• Organizational Discipline: Many faiths have unique practices for disciplining individual members when necessary. However, there can be potential for some inter-organizational discipline practices to create legal issues. Having an attorney review organizational policy and provide advice on a particular issue can prevent unintended legal consequences.
• Advice on Current Legal Issues: As the culture changes rapidly, new legal issues arise frequently. Religious organizations must be prepared to operate in the light of these new realities. In these cases, an attorney will be an invaluable resource as a counselor who understands both the law and the client, and will be able to shed light on an otherwise confusing situation.

Church Lawyers

When you need attorneys to help you with your church, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

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Common Trust Beneficiary Mistakes

When creating a trust, you have to name your beneficiaries. In many cases, these are going to include your spouse, children, grandchildren, and in some cases, great-grandchildren. As the children named in your trust get older, you should think about amending your trust to ensure each child’s specific needs are reflected. You also need to review the information in your trust to figure out when your beneficiaries are going to receive the inheritance you are leaving them. In some cases, you may wait to give your children large sums of money until they have reached a specific age, or until they have achieved career or educational milestones. It’s a good idea to review all of your estate planning documents from time to time to ensure individuals you have appointed as guardians for your minor children or any children you have with special needs are still appropriate and are still willing to take on the huge responsibility. When carrying out the terms of your trust, your trustee may be required to defer payments to your beneficiaries. If you are selecting a family member, be sure to choose wisely. After all, there are certain situations that may create tension in a relationship that otherwise loves. In some cases, you may want to think about hiring a trusted non-family member or even a corporate trustee.

The Most Common Mistakes to Avoid When Creating a Trust

While setting up a trust may seem somewhat daunting, it doesn’t have to be. Knowing the top mistakes that are made when doing this can help ensure you avoid them and minimize the stress and hassle related to this situation.
The most common mistakes include:
• Not reviewing and updating your trust on a regular basis
• Not funding your trust
• Making a bad choice when appointing the trustee
• Not specifying who the beneficiaries are
• Not providing clear instructions for your trust
• If you have a 401K, an IRA or a life insurance policy, you’ve named a beneficiary on a beneficiary designation form. These forms matter as they control who receives some of your most valuable assets regardless of your current family makeup or the intent expressed in your Will or Trust.
Life changes quickly and before you know it outdated beneficiary designation forms fail to consider a spouse or child, or could pass assets to someone too irresponsible to manage an inheritance. It is wise to review your beneficiary designations every few years or after any significant life event (marriage, divorce or the birth of a child or death of a loved one, for example). A regular review allows you to decide whether a different distribution of your assets makes sense and also uncovers the rare, but possible, loss of a beneficiary designation form by the company in control of your financial asset.

Mistake – Not Naming a Contingent Beneficiary

If your primary beneficiary predeceases you and you haven’t named a contingent beneficiary, the probate court will likely have to determine who should receive the benefits in accordance with your Will or Trust or your state’s default inheritance plan. Naming a contingent beneficiary prevents the unnecessary costs, delay and stress of probate and ensures you control who receives your assets. It also gives your primary beneficiary the flexibility to refuse or disclaim an unneeded inheritance if it’s a smart tax move to instead let it pass to a child or other named contingent beneficiary.
Mistake – Naming Your Estate as Beneficiary
Naming your estate as beneficiary doesn’t mean your executor of your Will or trustee of your Trust has immediate control to distribute your assets to your beneficiaries. Instead, your loved ones will need to initiate the probate process to determine who should receive the inheritance in accordance with your Will or Trust or your state’s default inheritance plan if you haven’t prepared either estate document. You can avoid the unnecessary costs, delay and stress of probate and ensure you control who receives your assets by naming the appropriate beneficiaries with help from your estate attorney.
Naming a Minor Child as Beneficiary
While no one may stop you from naming a minor on a beneficiary designation form, the financial institution cannot pay benefits directly to a minor, which means a custodian or conservator will need to be appointed by the court to manage the inheritance until the beneficiary reaches age 18 or 21, depending on state law. To avoid these unnecessary legal and administrative expenses ask your estate attorney whether you should establish a trust for the minor’s benefit or designate that the minor to benefit subject to your state’s Uniform Transfers to Minors Act.

Mistake – Naming One Child Expecting that Child to Share the Inheritance

Often one child is more financially responsible than others, but a child may face negative income or gift tax consequences in making a gift of the inheritance to others and is under no legal obligation to share the benefits. Ask your attorney how to appropriately name your children as co-beneficiaries or to create a Trust to benefit any child that is not financially able to manage an inheritance, or designate a minor inherit subject to your state’s Uniform Transfers to Minors Act.
Mistake – Naming Young or Financially Irresponsible Beneficiaries
If naming a beneficiary to receive assets outright is unwise, your attorney can create a Trust specifically designed to manage the assets for the beneficiary and put some limits on how the assets will be used (e.g., provide for health, education and support with outright control at a certain age where advisable). Just avoid naming an existing trust as beneficiary without getting advice from your attorney to be sure the terms of the Trust make sense today and that naming the Trust as beneficiary won’t have unintended tax consequences, as described in the next paragraph.

Mistake – Naming a Trust Beneficiary without Specific Instructions from your Estate Attorney

Before naming an existing Trust as beneficiary on any beneficiary designation form, ensure the terms of the Trust make sense for that beneficiary and that doing so won’t have unintended tax consequences. IRAs, 401Ks and other qualified retirement plans allow for the valuable tax-deferred growth of the asset over a beneficiary’s life expectancy, however, most Trusts are not drafted to allow for continued tax-deferral. That means naming a Trust as beneficiary typically causes all the retirement plan assets to become income taxable within five years. If you want a Trust to control how your retirement assets are received by minor beneficiaries or beneficiaries needing some management or distribution assistance, ask your attorney for a designated beneficiary Trust to accomplish these goals without negative tax consequences.

Mistake – Naming Anyone other than Your Spouse as a Retirement Plan Primary Beneficiary

Federal and State law place restrictions on a married individual from naming someone other than his or her spouse as the primary beneficiary. While it may be possible for your spouse to consent to your naming of another, state laws also come into play so be sure to seek guidance from an attorney.

Mistake – Naming a Beneficiary with Special Needs

It is common to name someone with special needs as a beneficiary on a beneficiary designation form without realizing that doing so may disqualify the individual from receiving governmental assistance such as Supplemental Security Income (SSI) or medical benefits. Be sure to speak with your attorney to determine whether it’s wise to name a special needs Trust as beneficiary to allow benefits to pass to your loved one without jeopardizing his or her access to governmental benefits.

Advice to Trustees: Get Along With Beneficiaries

A trustee’s job easier is made easier by a friendly relationship with beneficiaries. When you’ve been chosen to act as the trustee of a trust, you must handle both money and people. You might be more worried about the financial part, but the people may prove to be the greater challenge. Your job as trustee will be infinitely easier (and you’ll be far more effective) if, right from the start, you have cordial dealings with the trust beneficiaries; the people who benefit from the trust money.

Communicate Well and Often With Beneficiaries

Most beneficiaries are unfamiliar with the trust administration process and anxious about their lack of control. This combination is the perfect recipe for fear and paranoia. You may be doing everything right from a technical standpoint, but if the beneficiaries don’t know what you’re doing or why you’re doing it you’re not likely to get their cooperation or support. And, without it, your job is likely to take longer and be more difficult than it needs to be.

The best way to relieve beneficiaries’ concerns is to:
• get in touch with the beneficiaries early
• educate them about your role
• help them to form realistic expectations of how long it will take to administer the trust
• treat their questions as opportunities to engage them (rather than as annoying intrusions), and
• don’t hide the trust document or assets from them.
You are required (by law) to keep beneficiaries reasonably informed about how trust assets are being managed. Some states require you to send specific kinds of notices and information to the beneficiaries on a regular basis. Think of these requirements as the minimum you should do. You’ll do better if you exceed these requirements and make sure that all the beneficiaries know exactly what the trust owns and what you’re doing with the assets. The more transparency there is during a trust administration, the happier the beneficiaries should be.

Get in Touch Early With Beneficiaries

If the beneficiaries all live nearby, a good way to start might be to call a family meeting and sit down together to go over the process of trust administration. You can answer beneficiaries’ basic questions about the trust and its terms and give them an overview of what must happen before you can hand over the trust assets to them. Limit the scope of the meeting to a discussion of what the trust instrument says and how trust administration works. The attorney who’s helping you in your role as trustee can also be at that first meeting (for more about whether you should hire an attorney. The attorney can answer questions about the trust and your responsibilities. But beneficiaries need to understand that the lawyer is there to represent you in your capacity as trustee and that the attorney cannot give the beneficiaries legal advice. Unhappy beneficiaries can get their own attorneys to help them advocate for them in the trust administration process; though if you keep them informed and engaged, they shouldn’t need to. If a face-to-face gathering isn’t practical, send each beneficiary a letter to notify them that you are the trustee, give your contact information, and provide an overview of the trust administration process. This letter should be in addition to whatever notices your state law requires.

Stay in Touch With Beneficiaries

Whenever you take an action as trustee or discover information that affects the beneficiaries, be sure to let the beneficiaries know about it. You have a legal duty to give the beneficiaries information that they might need to protect their interests. You’ll be providing regular written reports (called “accountings”) that detail all financial transactions, but it’s a good idea to keep informal lines of communication open, too. A short email that tells the beneficiaries that you’ve gotten an offer on some trust real estate you want to sell or the troubles you’ve been having with liquidating a brokerage account will let the beneficiaries know what’s happening and that you’re keeping them in mind.

Show Beneficiaries the Trust Terms

In some states, beneficiaries have the right to see a copy of the trust document itself. In other states, beneficiaries don’t have a legal right to see the whole trust instrument, so if you wish, you can give them only enough information for them to safeguard their interests. You might decide to disclose only the provisions that apply directly to a particular beneficiary. In many cases, such as when all siblings are receiving an equal share of the trust it may make sense to give each one a full copy of the trust instrument itself, even if it’s not required by state law. But in some situations, sharing the whole trust document with all the beneficiaries can trigger bad feelings. If one beneficiary’s share is being kept in a trust because of that beneficiary’s past inability to manage money, or if one beneficiary is receiving more than others, you might not want to offer the entire trust instrument. You can provide it if a beneficiary asks you for it.

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!

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West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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International Business Lawyer

The primary role of a business attorney involves providing advice and other legal services that affect various aspects of a business. In general, business attorneys ensure that companies are in compliance with various business regulations and that all operations in a company are aboveboard. Business attorneys typically assist with matters, such as conflict resolution, corporate law issues, business formation, compliance, intellectual property, mergers and acquisitions, and many other types of legal issues that come up when running a business. One important thing to keep in mind about business attorneys is that they do not specialize in handling the same legal issues as employment lawyers. Remember, business attorneys are concerned with business operations and the overall structure of a business. Employment, lawyers, on the other hand, deals with issues like employment discrimination and employment contract disputes.

Types of Cases Business Attorneys Handle

Generally speaking, business attorneys typically possess a broad range of skills and are thus equipped to handle various types of business-related matters. Some examples of common legal issues that business attorneys may encounter on a daily basis include:
• Business and/or contract disputes;
• Real estate or business property issues;
• Registration of intellectual property (e.g., copyrights, trademarks, patents, etc.);
• Improper use of protected data (e.g., privacy matters, security breaches, information governance, etc.);
• Conflicts in connection with the sale and purchase of companies, stocks, securities, and so forth;
• Compliance with business regulations and other relevant laws;
• Registration of business structure, federal and state tax identification numbers, and necessary licenses; and/or
• Interstate and international business issues (e.g., transportation of goods, etc.).
As is evident from the above list, business attorneys can provide a whole host of legal services. Depending on the issue, this may entail performing tasks that are transactional in nature, such as drafting contracts and preparing business tax filings, or those involving case-based work like representing a client in court or negotiating terms to reach a settlement agreement.

Some other less common issues that a business attorney may handle include:
• Transferring ownership or shares in a company;
• Overseeing the “wind-up” process (i.e., the procedures required to dissolve a company);
• Helping a company to adjust to certain changes in the law or new ownership;
• Assisting in changing the structure of a company (e.g., going from an LLC to filing as a C corporation); and/or
• Reviewing, drafting, and negotiating miscellaneous business contracts.

Many of the aforementioned issues and tasks that business attorneys handle on a daily basis may also depend on the size of the business and its industry. For instance, a small business attorney may be hired to handle every aspect of a small business or startup company. This may include anything from structuring the company to reviewing compliance issues on a regular basis. On the other hand, business attorneys who work for large corporations may specialize in certain areas of the business. For instance, there may be an entire in-house team of legal professionals who only handle compliance matters, or the corporation may choose to only hire outside counsel for litigation purposes. Finally, business attorneys’ wide range of knowledge concerning legal issues that affect businesses, may also make them a good candidate to serve as an expert in a lawsuit. For example, if the court or a party needs more information about a particular type of business practice, an experienced business attorney can be hired and consulted as an expert witness.

Major Types of International Business

Some of the major types of international business are:
• Exports/Imports of merchandise, or of services;
• Licensing (to use intellectual property, such as a patent);
• Partnerships and Joint Ventures (the joining of two or more companies);
• Foreign direct investment (a company bases operations in a foreign country to save money); and
A company that is doing business in a foreign country should take note of many business-related issues. They should be aware of that foreign country’s:
• Economic policy;
• Political structure;
• Culture;
• Languages;
• Environmental standards;
• Labor standards; and
• Legal structure/laws.
As stated above, an international business is responsible for abiding by laws of their own country and of a country in which they do business. They may also be responsible for abiding by international law, when it applies.

When Does International Law Apply?

International law governs relations between different nations, and business is one of the most important types of relations between nations. International law consists of a blend of different treaties, organizations, and agreements among countries. International law is created from a combination of:
• Treaties and International Agreements: These are basically contracts between two or more nations. If the highest power of each nation agrees to it, then the treaty becomes binding. For example, international treaties created a trade agreement between the United States and many other nations (known as NAFTA). Disputes regarding treaties may be handled by courts, such as the International Court of Justice, if they cannot be resolved by the parties themselves.
• International Organizations and Conferences: International organizations and conferences establish uniform international laws by adopting resolutions and other standards for all participating nations. The World Trade Organization (WTO) is an example of an international organization which holds conferences to decide important issues.
• International Customs: These usually consist of universal customs that many nations follow. For example, murder is universally considered a crime. There are universal customs in the business realm as well.
How Does International Law Regulate Business?
International laws regulate international business transactions. International law provides rules and remedies that nations agree to follow. Here are a few types of regulations:
• Tariffs taxes on imports;
• Quotas that limit amount of imports;
• Requiring business deals to be done in good faith; and
• Compensation for foreign investors if a country’s government confiscates their property.

How Can an Lawyer Help Me in an International Business Dispute?

When a legal dispute arises between parties from different countries, there are can be many difficult issues. If you have an international business dispute, there are local business attorneys who specialize in international law. Contact such an attorney to learn more about your rights, defenses, and the complicated issues that may arise. Business law is a section of code that is involved in protecting liberties and rights, maintaining orders, resolving disputes, and establishing standards for the business concerns and their dealings with government agencies and individuals. Every state defines its own set of regulations and laws for business organizations. Similarly, it is also the responsibility of the business concerns to know the existing rules and regulations applicable to them.

Importance of Business Law

Business law plays a vital role in regulating business practices in a country. Here are some points that prove why business law is so relevant:
• Compensation Issues: Business law is essential to handle various compensation issues in an organization. A professional business attorney in Utah can help companies in settling issues related to compensation and salary management. It is the responsibility of the attorney to ensure that his or her client does not violate compensation and benefits laws at any cost. The consequences can be fatal in case of any discrepancies.
• Safeguard the Rights of Shareholders: Business law plays a vital role when it comes to safeguarding the rights of a company’s shareholders. An experienced business law attorney can successfully handle such issues along with conflicts related to minority shareholders, constitutional documents, and resolution by arbitration, and more.
• Business Formation: Business law plays the role of a foundation stone for any business concern. Establishing business includes a lot of legal processes, leasing, and permits. A business law attorney is well-versed with all the relevant regulations, and can help the concern establish its operations successfully.

Functions of Business Law

Every business concern, either large-scale or small-scale, is bound to comply with their respective legal regulations. Here are some significant functions of business law that can help you in understanding it better.
• Includes laws related to business ethics, substantive law, procedural law, court system structure, and so on.
• Business law entails the taxation system for different types of businesses.
• The level of competition and antitrust are also involved.
• Business law also includes regulations about employee rights and privileges, workplace safety, overtime rules, and minimum wages law.
• It strives to alleviate the impact businesses have on the environment and nature. It aims to regulate pesticides, limit air and water pollution, chemical usage, and so on.
• Business law determines the formal process of establishment of a business organization and regulations related to the selling of corporate entities.
• It also includes rights assignment, drafting, and work delegations, breach of contract, transactions, contracts, and penalties for violation of the agreement.
• Business law defines laws related to business partnerships, entities, sole proprietorships, liability companies, and corporations.
• It describes laws related to business and real property.
• Business law analyses the overall impact of computer technology on other business domains.
• Includes laws related to bankruptcy and governance of the securities.

When Do Start-Up Businesses Need to Hire a Lawyer?

You may not need to hire a lawyer as soon as you think when starting a business. Once you have a great idea for your start-up business, do you need to hire a lawyer to help you get started? Not necessarily. A lot of the initial steps related to choosing and forming your business entity you can do on your own. However, once you get to later stages with your business—for example when you start hiring employees or entering into more complicated agreements; you may need the assistance of a lawyer. Remember, though, if you are uncertain about something at any stage in the process, deciding to hire a lawyer can save you money by helping you avoid mistakes or getting into a situation with unintended (and possibly costly) consequences.

Deciding on Your Business Structure

You will need to decide what type of ownership structure makes sense for your new business. Most states have information on their secretary of state (SOS) website about the different types of business entities you can choose from—solo proprietor, LLC, corporation, and partnership. There are also many online and other resources available to help you understand your choices. Figuring out what type of ownership structure best suits your needs will depend on the type of business you have, the number of owners, and your financing. Although many entrepreneurs make this decision on their own, you may have questions about liability, tax, ownership, or other things that you should discuss with a lawyer or an accountant before you decide.

How to Hire a Business Lawyer

The nature and objectives of your business will determine the legal expertise that is most valuable to you. For example, if you own a technology company, then you might be satisfied with a corporate attorney or firm that specializes primarily in intellectual property rights and licensing, even if they have little expertise in other areas of corporate law. If you run a more generic manufacturing or service business, then you might merely need a contracts expert to assist you with client negotiations, drafting and finalizing agreements, maintaining proper corporate records, and so forth.

To better define your company’s legal objectives, you can ask yourself the following:
• What legal guidance does my company need (regarding employees, contractors, government regulations, taxes, customer warranties, and so forth) in order to avoid future liability?
• Where are there efficiency or competency gaps in the company’s daily operations?
• What are my short and long-term goals for the business?
• Does the company need to raise additional capital?
• Does the business need to lease or purchase any commercial property?
• Does the business need to restructure its existing debt or capitalization?
• Does the company need to acquire or dispose of any assets?
• Am I considering a sale of the company or taking the company public?
• Does the company need to create additional divisions or subsidiaries?
Clearly defining your company’s needs allows you to proceed with your attorney search in a more productive manner.

Attorneys For International Businesses

When you need help with international business law, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Getting A Divorce Should I Get My Own Accountant?

When you’re swept away by love and filled with the promise of a life partner, the mere thought of breaking up feels silly. After all, it’s forever and ever, amen, right? Unfortunately, not always. It’s not a rosy statistic to share but 50% of marriages in the United States sadly end in divorce. When faced with healing a broken heart and determining the next chapter of life, dealing with money matters just makes the whole process that much more stressful. In addition to finding your footing as a newly single person, you also have to consider how bills will be paid moving forward. To add to the financial stress of divorce, some revengeful ex-spouses can wreak havoc in the courtroom, costing more than a pretty penny.

Legally Establish The Separation

Once the decision to divorce is made, it’s time to put the separation in writing and in motion as soon as possible. This signals the start of your new life on your own, but it serves a purpose financially. Having this note on your financial files helps protect any money you make after that date. So, if you’re separated from your partners for six months before divorce proceedings begin, all of that income is solely yours. If you don’t make the separation legally binding, then that cash could be subject to being split down the middle. This date also applies to decisions involving child support and alimony.

Get A Copy Of Your Credit Report And Monitor Activity

Regardless of whether you commingled your incomes and shared accounts during the marriage, by being legally bound you were exposed you to your partner’s actions. Even if your spouse was (and is) a trustworthy person, it doesn’t mean mistakes weren’t made. “Anything that they did to hurt their credit score could have damaged yours as well.” This makes it essential to request a copy of your credit reports as soon as possible, and go through them with a fine-toothed comb. “Check your report for errors and continuously monitor to make sure the other person’s actions don’t affect your future.”

Separate Debt

Credit card companies do not care about divorce. You’re still liable for any debt your spouse racks up on jointly held accounts. It’s best to leave marriages with no debt, or only the debt that’s yours. If you have the money to pay off your joint credit cards, do so and then close the accounts. “If you don’t have the funds, you can always divide the debt in half and transfer to individually held cards and then cancel the joint ones.” You want to avoid keeping joint cards, even with a verbal agreement to pay, because if your partner ghosts you, you’ll be left to pay the balance.

Move Half Of Joint Bank Balances To A Separate Account

“As soon as possible, to open up a new bank account, and transfer 50 percent of the available funds to your new account” You should also ensure that any income from employment or other applicable direct deposits are amended to be deposited into your new account.

Comb Through Your Assets

When separating assets, some couples become overly nit-picky about who is owed what. Emotions can be heightened even more in situations where a marriage ended due to infidelity or some sort of grave disruption of trust. Though it’s not always the case, men tend to believe they’re going to get all of the assets, whereas women are often scared they won’t receive any. As much as possible, try to set aside any feelings of guilt or retribution. Doing so will help you keep a clear, logical head and allow you to speak up for and defend what is yours. Getting a thorough and accurate understanding of what you’re entitled to require going through all of your assets line by line. “Usually the assets are split down the middle, but there may be assets excluded, such as inheritances or premarital assets.”

Conduct A Cash Flow Analysis

The day-to-day divorce details can be all consuming. But as you’re negotiating who gets what, also look ahead and do some prep work for the solo life. Doing some hands-on budget cash flow analysis will give you a sense of control over your finances. “If there is a shortfall, you can start whittling away at the discretionary items. If there is a surplus, then breathe a big sigh of relief.” Don’t forget to account for recurring expenses that you once split with your partner. The last things you want are any major financial shocks once you’re out on your own. Pay attention to big-ticket expenses like health insurance, car leases, digital media subscriptions and others. Expenses can add up quickly when you’re suddenly responsible for footing the entire bill.

Don’t Relinquish Control Of Assets Or Investments

Divorces never take place overnight. And if our ex-other-half decides to drag his or her feet, it can be delayed by months or even years. That’s why protecting your investments and assets (including real estate, investments, or any other assets that you are entitled to should start as soon as the separation is in motion.

Create A Game Plan For Taxes

It’s important to understand what you’re agreeing to before signing on the dotted line, otherwise, the split of assets could be less equitable than it first appears. “If one spouse were to take the principal residence, and another spouse were to take control over the retirement assets, there will be different tax implications towards the receipt of each asset, and the tax implications could be substantially different resulting in one spouse losing much of that value to a future tax burden. Alimony is no longer tax-deductible for the person paying it, and the payments are not considered taxable income to the recipient. This may seem like a good deal to the person receiving alimony because the alimony they receive is no longer taxable, but it’s very likely that they will receive less money because it’s now being taxed from the payer.”

The Benefits of Forensic Accounting in Divorce Cases

In a divorce scenario, a forensic accountant may be interested in various types of documentation, both business and personal, that can reveal financial information about a spouse. This can include such things as tax returns, accounting records and financial statements, bank statements, cancelled checks, credit card statements, appointment books, sales invoices, business contracts, financial projections, mortgage applications and other documentation.

Easier Budgeting and Greater Control Over Money

The end of a marriage can mean the end of fights over money. There is no more struggle over which categories get priority in the budget; no more evenings spent cajoling or pleading with a spouse to rein in spending. On the other side of divorce, there can be some freedom from these financial disputes. People who previously had spendthrift spouses may find they are now able to build up savings and contribute more to retirement funds. What’s more, they can shift money to their own personal goals, whether that is paying off debt, traveling more or something else.

Early Access to a Retirement Fund, Penalty-Free

A divorce is one of the few times a person can pull money out of a retirement account early and not pay an early withdrawal penalty. When an agreement known as a qualified domestic relations order is reached as part of a divorce, it allows for an early withdrawal from the account. This money is exempt from the typical 10% penalty assessed to those younger than age 59 1/2, although income tax still needs to be paid if the money is not rolled into an IRA. Cashing out part of a retirement account can be a risky move, but it gives the newly divorced some options they may not otherwise have.

Potentially Better Investment Returns

Divorce could mean better investment returns, at least for women. Men usually take a more aggressive approach to investments and take more risks. It’s possible divorced women who are managing their own portfolio may have weathered the current tumultuous year better than those with husbands calling the investment shots. In a market depressed by a global pandemic, those with a conservative approach and sensible asset allocations may not have had cause for panic or selling investments in a down market.

Becoming a Financial Victim

The biggest mistake divorcing spouses can make is being in the dark about finances. If your spouse has always handled all of the financial decisions in your household and you don’t have any information about you and your spouse’s income and assets, your spouse will have an unfair advantage over you when it comes time to settle the financial issues in your divorce. If you suspect your spouse is planning a divorce, get as much information as you can now. Make copies of important financial records such as account statements (e.g., savings, brokerage, and retirement) and all other data that relates to your marital lifestyle (checking accounts, charge card statements, tax returns). If you believe your spouse may liquidate (sell or transfer to cash) assets or retile marital assets without your consent, notify the holder of the asset or property in writing and get a restraining order from the court.

Not Considering Mediation

If you and your spouse can work together to reach a fair settlement on most or all of the issues in your divorce (e.g., child custody, child support, alimony, and property division), choosing mediation to resolve your divorce case may save thousands of dollars in legal fees and emotional aggravation. The mediation process involves a neutral third-party mediator (an experienced family law attorney trained in mediation) that meets with the divorcing couples and helps them reach an agreement on the issues in their divorce. Mediation is completely voluntary; the mediator will not act as a judge, or insist on any particular outcome or agreement. Mediation also provides divorcing couples a lot of flexibility, in terms of making their own decisions about what works best for their family, compared with the traditional adversarial legal process, which involves a court trial where a judge makes all the decisions. Mediation, however, is not appropriate for all couples. For example, if one spouse is hiding assets or income, and refuses to come clean, you may have to head to court where a judge can order your spouse to comply. Or, if one spouse is unwilling to compromise, mediation probably won’t work.

Hiring a Combative Lawyer to Punish Your Spouse

This is a very bad idea for two reasons. First, except in extremely egregious cases, most courts won’t punish your spouse financially for being a bad person. Second, hiring an attorney to punish your spouse will cost you because your attorney will need to increase the number of hours spent on your case. Increased attorney hours means higher divorce costs, and higher divorce costs means there will be fewer assets and cash left for you and your family. Try to take the emotion out of your divorce, and treat your case as a business arrangement. The best revenge is to live well after the divorce is over.

Failing to Recognize Your Common Enemy; the I.R.S.

Work together with a divorce financial planner or tax accountant to minimize the total taxes you and your spouse will pay during separation and after divorce; you can share the money you save. Don’t forget that both spouses are liable for taxes due as a result of audits on joint returns, so it’s usually in your best interest to work together and minimize possible liabilities. If you’re facing complicated tax issues in your divorce, it’s best to consult with an experienced family law attorney and an accountant.

Not Producing an Accurate Budget

Divorcing spouses usually underestimate living expenses when they produce their initial budget for temporary alimony (also referred to as “maintenance”), and later find that they aren’t able to cover all of their bills. Use a financial professional to help you produce an accurate and complete budget.

Disregarding the Impact of Taxes in a Divorce Settlement

It’s important to remember that after the divorce is final, you may get taxed on the marital assets you received through your settlement. Say your spouse handles all the investments and offers to split them 50/50. Sounds good, right? The only way to know if you’re getting a fair deal is to determine the value of the investments on an after-tax basis, then decide if you like the deal. Again, you should speak with a tax professional about the impact of any proposed property division before you agree to it.

Failure to Evaluate Settlement Proposals

If you’re trying to decide whether your spouse’s proposed divorce settlement is fair and workable, you should try to figure out how the settlement will impact your finances in the years ahead. There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education. There are specialized divorce computer models that produce comprehensive and realistic analyses of your post-divorce lifestyle. You should speak with a local divorce attorney or financial planner that specializes in divorce for help analyzing any proposed financial settlement.

Being Emotionally Attached to Assets in Divorce Negotiations

The marital residence, the pension you earned, a painting purchased during your marriage – these assets often bring an emotionally charged debate to divorce negotiations, which can impair good decision-making. Often, divorcing spouses that are attached to the family home don’t realize that they can’t really afford. Yet, they fight tooth and nail to keep it, sometimes at the expense of retirement planning. However, the real estate market crash has made it abundantly clear that homes have a very low return on investment and, in some cases, have a negative return; many houses today are still underwater, and couples have had to walk away from their homes and the hard-earned money they invested. In addition, a home is a major cash expense (e.g., mortgage payments, property taxes, repairs, and utilities). Let go of any emotional attachments you may have. During your divorce and settlement negotiations, your main focus should always be on how to maximize your finances by making sure you’ll have enough cash for living expenses after your divorce and in retirement.

Beware of Settlement Offers That Look Too Good

Both spouses and children must make compromises in their life styles post-divorce. A settlement that does not give one spouse enough money to live on is likely to go into default in the future. Be fair, but verify the numbers. Get payments up front whenever possible, even if you get less in total. Try to secure all payments with assets and insurance. It may be worth speaking to a family law attorney who can review a settlement offer and make sure your rights are fully protected.

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!

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Brilliant Estate Plans

Estate planning is the preparation of tasks that serve to manage an individual’s asset base in the event of their incapacitation or death. The planning includes the bequest of assets to heirs and the settlement of estate taxes. Most estate plans are set up with the help of an attorney experienced in estate law. Estate planning involves planning for how an individual’s assets will be preserved, managed, and distributed after death. It also takes into account the management of an individual’s properties and financial obligations in the event that they become incapacitated. Assets that could make up an individual’s estate include houses, cars, stocks, paintings, life insurance, pensions, and debt. Individuals have various reasons for planning an estate, such as preserving family wealth, providing for surviving spouse and children, funding children and/or grandchildren’s education, or leaving their legacy behind to a charitable cause. The most basic step in estate planning involves writing a will.

Other major estate planning tasks include:
• Limiting estate taxes by setting up trust accounts in the name of beneficiaries
• Establishing a guardian for living dependents
• Naming an executor of the estate to oversee the terms of the will
• Creating/updating beneficiaries on plans such as life insurance, IRAs and 401(k)s
• Setting up funeral arrangements
• Establishing annual gifting to qualified charitable and non-profit organizations to reduce the taxable estate
• Setting up a durable power of attorney (POA) to direct other assets and investments

The sum total of a person’s belongings, property, money, and assets is generally referred to as their estate. In particular, there should be plans regarding how the estate will be divided and distributed to recipients when the estate owner passes away. Individuals, families, and couples who want to think ahead for the future will create typically an estate plan so that different pieces of their net wealth can be managed as part of a unified whole.

A will is a legal document created when an individual is alive. This document specifies who should inherit any assets or material objects upon their death. Usually, a comprehensive estate plan will include a will as part of the entire plan. However, an estate plan is also likely to include other financial management instruments, such as a trust or multiple trusts that can take effect while the person is still alive. Ultimately, an estate plan can be more varied and unique to each individual based on their assets and needs. So an estate plan is far more comprehensive, if the individual requires it.

How To Create an Estate Plan

Creating an estate plan will involve identifying tallying up all the different pieces of a person’s individual wealth. This may include property owned, stocks, holdings, cash, savings, insurance policies, and health issues. People with disabilities or disabled beneficiaries may need to create specific estate plans to meet their needs. Many people draft a will to begin the overall process of creating an estate plan. This is typically the main legal instrument that contains their instructions and preferences for the distribution of their estate. Next, it is necessary to consider any assets they want to leave in trust and establish a trust for those assets. Trusts are established by a grantor (the estate owner), who assigns trustees and beneficiaries, as well as guidelines for the trust, and then moves wealth and gifts into the trust. The trustee is the person tasked with managing the property, while the beneficiary is the person who will ultimately receive the property. Trusts can sometimes be useful for transferring property to recipients before the estate owner passes away. This can have several benefits depending on the type of property and the type of trust involved. For instance, certain taxes can be avoided, and trust property transfers can make the overall estate distribution process simpler when the person passes away.

An estate plan will need a power of attorney to be designated in the event that the owners of the estate are no longer able to manage their affairs. A power of attorney allows the estate owner to designate another person (an “agent”), who can make legal decisions on their behalf. Also, a set of health care instructions should be included as part of the estate plan. The person creating the estate plan must decide if they want the same person or persons managing their health care and financial matters, or if they would like to designate different parties. Next, the person creating their estate plan will need to establish insurance policies, especially estate planning life insurance. Life insurance often covers the payment of debt or estate tax after the person passes away. Calculating potential taxes that the federal government could collect after death is necessary to select the right policy that will cover all expenses, including funeral expenses. It is also a good idea to insure any businesses or business ventures. Finally, an estate planning lawyer can advise you on how to store the documents of your estate plan so that they are safe and accessible to those who need them.

Some Factors To Consider When Creating an Estate Plan

When creating an estate plan, it is useful to broadly consider various factors that might affect the distribution of your estate. Each estate is different, as each person will own different assets and property, and will have differing amounts of financial savings.

Some factors that you should consider when creating your estate plan may include:
• Who Will Receive Your Property: You should consider who you want the beneficiaries to be when you pass away. Beneficiaries are the persons who will receive portions of property and assets. In most cases, this will include close family members like a spouse, children, and siblings. It can also include friends, more distant relatives, and even business associates. These should be stated clearly (usually in the will document) so as to avoid any disputes or conflicts;
• The Type of Property Involved: You should look closely at all the different types of property, assets, and bank account funds you own. This can influence the way that your estate property is divided up. For instance, you may want a certain family member to receive real property (such as a home), while you may want other family members to receive your stocks and security assets. This all depends entirely on your personal preferences and desires; and the Local State Law Regarding Wills, Trusts, and Estates: Estate planning laws will vary by state. These may have effects on the way you can distribute and allocate your estate property. If you have any questions regarding the specific estate laws in your area, you should contact an attorney
• Creating a Will or Trust: You might want to draft your will or trust by yourself. You can certainly do so if your estate is simple. However, many people’s estate plans are more complicated than they could imagine. For this reason, you would benefit from consulting with an attorney. For example, if you have a disabled heir, you don’t want to leave them assets through a will. Instead, you should create a special needs trust. If your estate is large, you might be able to lower your estate taxes using different trusts. A lawyer can explain the differences between a will and a trust. They are very similar, but a trust can help you avoid probate, which might be time-consuming and expensive.
• Identify your assets: Everything you own belongs to your estate. You should sit down and identify everything that you own. Consider the following common assets:
 real estate
 financial accounts
 automobiles
 personal property, such as clothing, jewelry, books, art, etc.
 life insurance policies
 retirement or pension accounts.
 digital assets, such as digital photographs, unpublished manuscripts, eBooks, etc
• Plan to protect your heirs from your debt: Debt can include anything from medical bills to a mortgage. If you may be leaving any debt behind, there are a few things you can do to make sure that your heirs are not harassed by creditors. These include:
 Buying enough life insurance to cover your debt.
 Naming a person as your beneficiary instead of an estate.
 Getting loan protection insurance.
 Paying off your debt while you are living.
• Nominate an executor: Your executor will be responsible for collecting and safekeeping your estate after you die. They file your will with the probate court and then pay any debts you have with your estate assets. Once all debts are paid, they distribute your property according to your wishes. If you decide to create a trust, then you will name a trustee. Choose someone you trust and someone your heirs will trust. For example, if you have three children, you might not want to name any of them. This will reduce squabbling. Instead, you could name a good friend. Name one or more alternates in case your original choice declines to serve or dies before you. Some states place restrictions on who may serve as your executor, so talk about this choice with your lawyer.

• Name your beneficiaries: You can leave property to whoever you like. Make sure to name alternates in case your beneficiary dies before you. For example, you might want to give your diamond ring to your daughter, but if she dies before you, then you can leave it to her daughter (your granddaughter). You can also give property to groups of people. This might be easiest with money, which can be easily divided. If you leave a house to two people, they may have to sell it. You probably won’t name a beneficiary for every specific piece of property. This is why your will has a residuary clause. Your residuary is everything you own that you haven’t specifically bequeathed to someone. Name one or more beneficiaries to your residuary estate. In community property states, your spouse may have a claim to part of your estate, even if they are not your beneficiary.

• Choose guardians for young children: You can name your guardians in a will. Choose people you trust and who agree to become guardians in case you die. You should also name back-up guardians in case the original ones decline to serve. Always talk it over with the potential guardian. Many people have legitimate reasons why they can’t serve, and you should know ahead of time.

• Planning for Estate Taxes: Federal or state taxes applied on an estate can considerably reduce its value before asset distribution is made to beneficiaries. Death can result in large liabilities for the family, necessitating generational transfer strategies that can reduce, eliminate, or postpone tax payments. During the estate planning process, there are significant steps that individuals and married couples can take to reduce the impact of these taxes. For instance, married couples can set up an AB trust that divides into two after the death of the first spouse. Or a grandfather may encourage his grandchildren to seek college or advanced degrees and, therefore, transfer assets to an entity for the purpose of current or future education funding. That may be a much more tax-efficient move as opposed to dying, having those assets transferred, and finally having the same assets fund college when the beneficiaries are of college age. The latter may trigger multiple tax events that can severely limit the amount of funding available to the kids. Another strategy an estate planner can take to minimize the estate’s tax liability after death is by giving to charitable organizations while alive. The gifts reduce the financial size of the estate since they are excluded from the taxable estate, thus, lowering the estate tax bill.

As a result, the individual has a lower effective cost of giving, which provides additional incentive to make those gifts. And of course, an individual may wish to make charitable contributions to a variety of causes. Estate planners can work with the donor in order to reduce taxable income as a result of those contributions or formulate strategies that maximize the effect of those donations. Estate freezing is also a strategy that can be taken to limit death taxes. It involves an individual locking in the current value and thus, tax liability, of his or her property, while attributing the value of future growth of that capital property to another person. Any increase that occurs in the value of the assets in the future is transferred to the benefit of another person, such as a spouse, child, or grandchild. This method involves freezing the value of an asset at its value on the date of transfer. Accordingly, the amount of potential capital gain at death is also frozen, allowing the estate planner to estimate his or her potential tax liability on death and better plan for the payment of income taxes.

Estate Plan Lawyer

When you need legal help with estate in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Cannabis Conviction Expungement Lawyer

Expungement (also called “expunction”) is a court-ordered process in which the legal record of an arrest or a criminal conviction is sealed, or erased in the eyes of the law. When a conviction is expunged, the process may also be referred to as setting aside a criminal conviction. The availability of expungement, and the procedure for getting an arrest or conviction expunged, will vary according to several factors, including the state or county in which the arrest or conviction occurred. In some jurisdictions, it’s not possible to get an expungement. An expungement ordinarily means that an arrest or convictions sealed, or erased from a person’s criminal record for most purposes. After the expungement process is complete, an arrest or a criminal conviction ordinarily does not need to be disclosed by the person who was arrested or convicted. For example, when filling out an application for a job or apartment, an applicant whose arrest or conviction has been expunged doesn’t need to disclose that arrest or conviction. In most cases, no record of an expunged arrest or conviction will appear if a potential employer, educational institution, or other company conducts a public records inspection or background search of an individual’s criminal record. An expunged arrest or conviction is not necessarily completely erased, in the literal sense of the word. An expungement will ordinarily be an accessible part of a person’s criminal record, viewable by certain government agencies, including law enforcement and the criminal courts. This limited accessibility is sometimes referred to as a criminal record being under seal. In some legal proceedings, such as during sentencing for any crimes committed after an expungement, or in immigration/deportation proceedings, an expunged conviction that is “under seal” may still be considered as proof of a prior conviction.

Factors Determining Eligibility for Expungement

Whether you may get a criminal record expunged depends on a number of factors, including the jurisdiction; the nature of the crime or charge; the amount of time that has passed since the arrest or conviction; and your criminal history. Some states don’t allow for the expungement of criminal convictions at all. Having your criminal records sealed is similar to having them expunged, but much less “hidden.” If your records are sealed, then it means they are not available to the public; this would include private investigators, credits, and employers. However, these records still exist in the context of the criminal justice system. For example, the sealed convictions will still be considered prior offenses if you are arrested in the future.

Eligibility for Expungement

Since an expungement can offer a fresh start of sorts, one of the most important actions that people who have been arrested or convicted can take is to investigate their jurisdiction’s expungement procedures. Start by checking with your county’s criminal court, or even the law enforcement agency that handled your arrest. Specifically, ask the following questions about eligibility for expungement and the procedure that’s involved:
• Is a particular offense eligible for expungement? For example, a jurisdiction may allow expungement only for arrests and misdemeanor convictions and not allow felony convictions to be expunged.
• When is a person eligible for an expungement? For example, expungement may be available only after people have finished serving their sentences, including any term of probation. (But, if there’s a good reason, a judge may shorten a period of probation in order to allow expungement to take place earlier.)

• What does the expungement process involve? Expungement doesn’t necessarily require hiring an attorney. Many courts have forms available, with titles along the lines of “Motion for Expungement.”
• What are the consequences of expungement? Even if a conviction has been expunged, could it still show up in some circumstances? For example, police departments and some licensing boards may be able to find out about job applicants’ expunged records.

Getting a Certificate of Actual Innocence

A Certificate of Actual Innocence is perhaps the most powerful form of expungement. This certificate does more than seal a prior record; it proves that a record should never have existed at all.

Drug Crimes and Juvenile Offenses

In many jurisdictions, people who have been arrested or convicted for drug crimes and juvenile offenders may have an easier path to expungement.
• Drug offenses: Many people arrested for drug offenses are eligible for diversion programs. These programs typically provide for the expungement of records following the satisfactory completion of a program.
• Juvenile offenses: People who were arrested or convicted as juvenile offenders may have an easier time getting their criminal records expunged or sealed. Usually this is an option once the person reaches the age of 18, and they’ve otherwise stayed out of trouble with the law.
It may come as no surprise that Utah was one of the first states to outlaw marijuana. The criminalization of this substance happened clear back in 1915. Marijuana is classified as a Schedule I controlled substance in Utah. Citizens who favor legalization for either medicinal or recreational use can find themselves in a frustrating place. In many ways, the societal views of cannabis, weed, or pot use have changed and will probably continue to do so. Regardless of what our neighboring states are doing, one thing is still certain. It is illegal to carry any amount of cannabis in Utah without specific approval; if you or a loved one has been arrested for possession, the following charges depending on the amount in your possession at the time of the arrest.
• One ounce or less – class B misdemeanor
• Up to six months of jail time
• Up to $1,940 in fines and an assessment
• Possession in a drug-free zone such as a school, church, or park can result in a charge being upgraded to a class A misdemeanor
• Between one ounce and one pound – class A misdemeanor
• Up to 12 months of jail time
• Up to $4,790 in fines and an assessment
• Between one and 100 pounds – a third-degree felony
• Up to five years in Utah State Prison
• Up to $9,540 in fines
• Over 100 pounds – a second-degree felony
• Up to 15 years in Utah State Prison
• Up to $19,040 in fines and an assessment

The Implication Of Weed Charges

Most people find themselves in a position where they have less than one pound of marijuana. Relative to other drug charges, the penalties can seem relatively light. This is especially true if you are a first time offender and happened to find yourself in the wrong place at the wrong time. When you have a small amount of marijuana or paraphernalia in your possession, the central area of concern may be other areas besides fines or jail time.

Utah Marijuana Laws

For the most part, marijuana possession and sale are illegal in Utah. Lawmakers have yet to compromise on expected amendments to the medical marijuana law after its Dec. 6, 2018 enactment date. However, the law will allow those with a physician’s recommendation to purchase marijuana from a licensed dispensary (or grow their own medicine if they live more than 100 miles from the nearest dispensary). State law allows patients suffering from epileptic disorders to use cannabidiol (CBD) in limited concentrations for medical treatment (prior to the broader 2018 medical marijuana law). As far as recreational use is concerned, conviction for selling pot in the state constitutes a felony punishable by up to 15 years in prison, depending on the amount and location of the sale, and the criminal history of the seller. While state marijuana laws regulate pot within the state, marijuana possession, sale, and trafficking remain illegal under federal law by way of the Controlled Substance Act.

Utah Misdemeanor Crimes by Class and Sentences

• Misdemeanors in Utah are punishable by up to 364 days in county or local jail, and are designated as class A, B, or C.
• Misdemeanors in Utah are punishable by up to 364 days in county or local jail, and are designated as class A, B, or C. Some misdemeanors are unclassified and punished as infractions.
Felonies (more serious crimes) are punishable by incarceration in state prison.

Class A Misdemeanors

A class A misdemeanor is the most serious type of misdemeanor in Utah, punishable by up to 364 days in jail and a fine of as much as $2,500. Theft of services or property worth between $500 and $1,500 is a class A misdemeanor.

Class B Misdemeanors

Under Utah’s laws, class B misdemeanors are punishable by up to six months in jail and a fine of up to $1,000. For example, an adult who knowingly furnishes alcohol to a minor can be convicted of a class B misdemeanor in Utah.

Class C Misdemeanors

A conviction in Utah for a class C misdemeanor can result in up to 90 days in jail and a fine of up to $750. Class C misdemeanors are the least serious misdemeanor crimes under Utah’s laws. Driving on a suspended license, for instance, is typically a class C misdemeanor.

Unclassified Misdemeanors

If a statute designates an offense as a misdemeanor but fails to classify or specify a punishment for it, the crime is punishable as an infraction. Potential punishments include:
• a fine of up to $750
• compensatory service (unpaid work for a government agency, nonprofit, or other court-approved organization)
• forfeiture (government seizure of property from the convicted person)
• disqualification from public or private office, or
• any combination of those punishments.

Statutes of Limitations

A statute of limitations is a time period, set by lawmakers, during which the state must begin criminal prosecution. The statute of limitations begins to “run” when the crime is committed. Most misdemeanors in Utah have a statute of limitations of two years. The laws relating to expungement are highly variable and different jurisdictions may have different requirements that need to be met before an expungement can be granted. It’s a good idea to contact a criminal defense attorney who can advise you about the requirements to have your prior conviction expunged, taking into account local rules and the facts of your case.

Utah Marijuana Possession Laws

The requirements to charge an individual with marijuana possession and other drug crimes are listed under Utah’s Controlled Substances Act. A combination of state and federal laws makes it illegal to not only possess a certain amount of marijuana but also to possess any drug paraphernalia needed to use marijuana. Marijuana possession, sometimes referred to as simple possession, is an offense that arises out of possession of marijuana for personal use. This contrast with an offense for possession with intent to distribute (PWID), a crime that focuses on the offender manufacturing and distributing drugs. The possession of marijuana is also referred to by terms like “actual possession” and “constructive possession,” depending on how law enforcement located the drugs. If an offender actually possessed marijuana when they were arrested, it means that they had it on their person or in an item that they were carrying. If an offender constructively possessed marijuana, it implies that they had knowledge of and control over the drugs found by law enforcement. For example, if you hid drugs in the trunk of your car or in a safe in your home, you will likely be charged with possession if law enforcement finds it, even if you did not have the drugs on your person.

Penalties for First Offense Marijuana Possession

To reiterate, the penalties for marijuana possession are directly correlated to the amount of marijuana that you are discovered with. If the weight of the drugs in your possession is over a certain limit, you risk being charged with a felony instead of a misdemeanor, even if this was the first time you were arrested for possession. If you are found with less than 100 pounds of marijuana, you will likely receive a class B misdemeanor charge. The penalties for a class B misdemeanor are a maximum of six months in jail and up to $1,000 in criminal fines. If you receive a class B misdemeanor conviction for marijuana possession, you may be given the option to perform compensatory service instead of paying a fine. The hours you will have to work typically depend on the amount of your criminal fine. If you were granted the option of compensatory service, you could volunteer with:
• A charity
• Utah state or local government agencies
• A business or organization approved by a Utah court
If you are arrested with over 100 pounds of marijuana in your possession, you can be charged with a second degree felony. In Utah, second degree felonies carry a maximum penalty of 15 years in prison and $10,000 in fines. Additionally, there are other factors that could make a possession charge even more severe. For example, if you are arrested with drugs in a school zone, the penalties for possession may be increased, or you may even be charged with an additional crime. However, it is important to note that if you are a nonviolent, juvenile or first time offender, you may be eligible for drug rehabilitation programs instead of being incarcerated.

Facing Marijuana Possession Charges In Utah

Utah law states that it is illegal for a person to knowingly and intentionally possess any controlled substance unless it is through a lawful medical prescription. Marijuana is classified as a Schedule I controlled substance, and use of medical marijuana is still criminalized in Utah. Drug possession can also include what is called “constructive possession,” which usually happens when a person has an illegal substance in a car or home, and other people in the car or home know about it and do not specifically disclaim it. In these cases, a person can be charged with marijuana possession even if he or she never bought, used, or actually possessed the drug. Although classified as a Schedule I drug, marijuana is treated differently than other drugs in this category. Rather than automatically being classified as a felony, possession of marijuana may be charged as a misdemeanor if the amount is less than one pound and not intended for sale or distribution. This does not mean, however, that the potential consequences of a marijuana possession charge are not severe. Along with stiff criminal penalties, there are various collateral consequences that may result from the conviction going onto your criminal record, such as:
• Losing your job or not getting a job or promotion because of a background check
• Driver’s license suspension or revocation
• Loss of student financial aid
• Loss of reputation or community responsibilities
• Loss of hunting license and right to own a gun
• Loss of ability to volunteer at certain non-profit agencies

Expungement Lawyer

When you need an expungement, please call Ascent Law, LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Ascent Law St. George Utah Office

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