Wednesday, February 28, 2018

Pros and Cons of In-House Attorneys

Our law firm is often hired by businesses to act as “General Counsel” and about 50% of the time our business clients have in-house lawyers that assist the business during its life-cycle. Defining what an “in-house” attorney does is nearly impossible because almost every such attorney has a unique role specific to that organization and its management team, but the effect of having an in-house lawyer is often the same.

Pros and Cons of In-House Attorneys

Business lawyers are trained to think about business issues differently than management, owners, accountants and other employees and can therefore be a major asset over time. However, bringing a business attorney into a business to generally help the business grow and prosper is often a big step because there are many pros and cons to having a lawyer around full time. The following is a list of a few such pros and cons to help companies sophisticate themselves about the decision to bring a lawyer onto the payroll:

Pros:

  • Contracts, legal analysis, negotiations and other tasks generally performed by a law firm can be started (and often finished) in-house for far less money than if the same was outsourced to a law firm that needed to get up to speed on everything.
  • Day-to-day interactions with a business lawyer can help to identify and expedite strategic change within a business.
  • Strategic risk can be more easily analyzed by a team that includes a lawyer that is highly sophisticated about the company.
  • Litigation strategy is easier to implement if it was designed by an in-house lawyer who knows all of the good and bad facts.
  • In-house business lawyers can bring credibility to a business and open doors that might otherwise be closed.

Cons:

  • Lawyers are expensive and are often among the highest paid employees at a company.
  • Lawyers are often very critical, risk-averse people that can slow progress if they act more as a fear monger than a strategic analyst.
  • Business lawyers’ opinions can sometimes conflict with those of management and cause strain in an organization.
  • In-house lawyers often know all of the secrets a business has and therefore can cause significant problems when exiting an organization.
  • In-house attorneys can become complacent in their positions rather than always keeping their legal skills sharp like a private practice attorney. This can cause a company to be blindly exposed to risk for long periods of time.

Generally it is best for a company to never wholly rely on the skills of an in-house lawyer because of the specialized nature of the position. Having the business’ attorney work with outside counsel from time to time can hedge the cons described above to some extent and will often keep the in-house attorney on his or her toes. Additionally, if you feel like your in-house or outside legal counsel is not quite meeting your expectations you should always interview other lawyers and law firms to see if there might be a better fit.

Any attorney in Utah can plainly see that fraud is still just fraud by any other name

Horizon Mortgage & Investment may have seemed like smooth operators, and they probably were for quite some time, having swindled at least $72 million from several hundreds of investors since 1997 in Kaysville, Utah according to Salt Lake Tribune article online. Run by Dee Randall, the “investment company” was recently ruled to be little more than a Ponzi scheme, which makes Randall’s actions fraudulent and illegal, though it doesn’t take an attorney in Utah to see that. Worse still for the investors, Randall filed for bankruptcy in 2010, effectively shortchanging anyone who unwittingly poured money into the scheme get less than 10 cents on the dollar back now.

Investors won’t give up so easily, though, and most have filed a lawsuit with an attorney in Utah “seeking millions in damages.” The suit is pending. But Randall’s scheme was sneaky, even from the beginning, and now, the “U.S. Trustee’s Office has found 20 other companies Randall had been involved with, rental income he had not reported, as well as creditors who were not notified of the bankruptcy filing.”

Serving for a general agent in Utah for Union Central Life Insurance of Cincinnati, Randall “had offices in Sandy, Kaysville, Woods Cross, Fruit Heights, and Logan, where he employed numerous subagents.” The better to trick you with my dear. Pitching life insurance alongside investments, they were already in violation of Utah law according to the lawsuit filed by a forensic accountant who took over Randall’s assets and companies at the request of the court. He found lies and deceit everywhere, but interestingly, there was unexpectedly more.

In his case, Randall didn’t rely totally on lies and secrecy. He actually “disclosed to some investors that he was going to use their money to pay what was due earlier investors,” and “warned that investors shouldn’t put money in they could not afford to lose.” Not only did such disclosures surely make him seem forthcoming and honest, they were what he hoped would pass for getting around securities laws. One attorney in Utah told a victimized couple “that the disclosures made Randall’s operation look like a ‘legal Ponzi scheme,’” according to court records.

But in truth, business lawyer in Utah worth her salt could tell you there is no such thing as a legal Ponzi scheme. “Utah law also says it’s illegal to operate a business in a way that defrauds investors,” so Randall wasn’t skirting any laws by disclosing his methods; he was just setting himself up for failure.

Which, depending on how you look at it, will come down with smashing consequences beginning June 30 of this year in the 3rd District Court in Salt Lake City. Randall “faces 22 charges of securities fraud and one of engaging in a pattern of unlawful activity.” As those with a flair for the dramatic might say, “the gig is up” for Dee Randall.

Free Consultation with a Utah Business Lawyer

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

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Tuesday, February 27, 2018

Eliminate Medical Debt

Eliminate Medical Debt

When you speak with a bankruptcy lawyer about medical bills and how they can be a drain on you both emotionally and financially, you’ll find out what will work for you to remove that pain and that suffering.

Are Medical Bills Making You Sick?

For most, maintaining a low deductible medical insurance plan and putting away huge amounts of savings to pay off what seems like unlikely medical debts is unrealistic. When it comes to medical debt, no one is immune. Even the safest, healthiest people get injured in auto accidents or suffer from a whole range of health issues from heart attack to cancer. If you’re one of the many people affected by medical debt, keep reading – there is a cure.

The Condition

Here’s your current situation: you legally owe money to a creditor. If you’re falling behind on payments, it’s only a matter of time before they secure a judgment against you. Judgments allow your creditors to take your possessions by law – it could be 1/4th of each paycheck, money right out of your bank account, furniture, vehicles and even your home – whatever they want until the entirety of the debt (including building interest and legal fees) is satisfied. So the clock is ticking – but if collectors are demanding money you don’t have – literally adding insult to injury – you can find solace by filing for bankruptcy.

The Cure

At first bankruptcy may seem like an unattractive option – but so are most effect prescriptions. The point is, the cure is better than the alternative. Bankruptcy is often the best solution for people dealing with medical and credit card bills, payday loans, other unsecured loans, secured property that is no longer wanted, some taxes and more. And filing for bankruptcy can completely wipe away these debts in as little as 3 months. The bankruptcy code also protects your valued assets that could otherwise be in jeopardy. Plus, filing bankruptcy instantly stops all collection efforts against you – you won’t have to deal with harassing phone calls, judgments, or repossessions.

It pays to hire a bankruptcy attorney

At a Meeting of Creditors today, I heard this all too common refrain from a Trustee to a debtor:

“Why didn’t you hire a bankruptcy lawyer to help you with this??!”

I don’t know how often I’ve been in that same situation listening to those same words. Unlike Groundhog Day though, there’s no Bill Murray, this is no romantic comedy, and the results tend to be the same almost every time (and they are neither romantic nor funny). It only takes several hours for someone to learn how to file for bankruptcy and to throw together random paperwork to file a bankruptcy case, but it can take years and tens of thousands of dollars or more to try to fix and litigate the mistakes in the paperwork if not prepared correctly in the beginning.

And you can lose that amount, or more, in assets that could have been protected. It is hard to watch a debtor–and this could be you–learn that they will lose their home, money in their bank account, or a car they need to get to work because of an error by a preparer who has no expertise in bankruptcy.

The point of filing for bankruptcy is to help ease your financial and emotional burden. It is designed to give you a fresh start in life so that you can pursue your dreams anew and become an active contributor of society. It makes sense to hire a competent attorney to help you navigate through the process and to get a successful discharge of your debt.  The benefits of doing this far outweigh the affordable cost of hiring an experienced lawyer.

When thinking about filing for bankruptcy, it is important that you start your case correctly — most attorneys won’t even touch cases that someone else has worked on. Thus, finding an attorney who will take over your case at the point when you discover everything has gone wrong is incredibly difficult. Even if you do eventually find an attorney who doesn’t automatically tell you no, the fees they quote may be very high. And it may be up to four times more than how much it would have cost to have just hired them to do your case from the beginning.

You wouldn’t try to take out your appendix by yourself or hire an in-home caretaker to do it for you, right? No, you would go to the hospital and hire a surgeon, a specialist. So why would you trust your financial welfare to a non-expert? Being thrifty is an admirable quality, especially when money is tight. But as I frequently see in court hearings, pinching pennies by deciding to file your own bankruptcy case is like stepping over a dollar to pick up a dime.

We can work with you and offer a payment plan if necessary, but please get a reputable bankruptcy lawyer near you who can assist you from the very beginning.

Free Consultation with a Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Monday, February 26, 2018

Embezzlement Attorney

Embezzlement is a white collar crime that involves the illegal taking or appropriation of another person’s assets. If you’ve been charged with a crime, call an embezzlement lawyer right away. Embezzlement charges can range from a minor amount of money to large amounts of cash and other holdings. Frequently, embezzlement charges arise in the context of a business in which an employee, executive or president has illegally appropriated funds for his or her personal use.

Embezzlement Attorney

Embezzlement can occur in any type of business, including banks, financial institutions, government offices and private retail businesses. These cases are often complex in nature and are best defended with the assistance of an experienced criminal defense attorney. There are a number of ways embezzlement cases can be settled or dismissed. Talk to our firm to discuss the options you may have, including paying back your employer, coming to an agreement or showing that the accusations are unfounded.

Time Is Of The Essence

If you have committed the crime of embezzlement or believe you may be the subject of a criminal investigation by state or federal agents, the best way to protect your rights is by being proactive. Retaining the service of an experienced criminal defense lawyer early in your case is extremely important.

In many cases involving a white collar crime, a resolution can be reached that results in no criminal conviction or minimizes the criminal penalties that might have resulted without the early intervention of a defense attorney. Sometimes it is possible to avoid contact with law enforcement entirely.

Breathalyzer Tests

Our firm knows how to handle the breath test results involved in your DUI case. Our aggressive DUI defense attorneys have experience with these tests, including detailed knowledge and understanding of the law as well as the science behind them. We are ready to fight for your rights against faulty or improper Breathalyzer test evidence.

Which Tests Are Used?

There are three main types of Breathalyzer tests currently in use in Utah:

  • Portable breath test or PBT (a field breath test model that only detects the presence or absence of alcohol)
  • Intoxilyzer 5000 (the breath test you see at most police stations)
  • Intoxilyzer 8000 (a portable model that is supposed to provide valid results that are admissible in court)

You have a right to refuse the portable breath test as well as any field sobriety tests, and our law firm can help you defend your rights if you have refused these tests before your arrest.

Dismissing The Charges

Because the implications for breath testing rely on perfect procedures and maintenance, if you were arrested for DUI based on Breathalyzer evidence, you may have a strong case to have the charges dismissed. Why?

  • Many officers are not certified to operate a Breathalyzer or they have an operating certification that has lapsed
  • Many of these machines are not calibrated properly or receive inadequate maintenance and inspection
  • Many procedural errors, such as PBTs that are conducted before a field sobriety test, can invalidate the results and may lead to your case being thrown out on those merits
  • Food and other substances can interfere with the BAC readings of the machine

Breath test evidence is notoriously unreliable. PBTs are only supposed to be used to confirm an officer’s suspicion that a driver has been drinking. Standard police procedure calls for a PBT to be used only after a field sobriety test has been administered. When officers fail to follow procedure, the entire case may be thrown out. This is why it is important to pay attention to the officer throughout your ordeal.

Free Consultation with an Embezzlement Lawyer

When you need help on an Embezzlement charge in Utah, Call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Chapter 13 Bankruptcy Compared to Other Debt Solutions

Chapter 13 Bankruptcy Compared to Other Debt Solutions

Chapter 13 bankruptcy is known as a reorganization bankruptcy because it allows you to file for protections under the Federal Bankruptcy Code while repaying your creditors; effectively reorganizing your debt. Because I am a bankruptcy lawyer, we file chapter 13 cases on a regular basis. A chapter 13 is very different from a Chapter 7 bankruptcy, and offers far greater benefits over third-party financial services such as debt consolidation and credit counseling.

What are the advantages of Chapter 13?

While many third party companies have sprouted up over the last several years claiming to work wonders with secured and unsecured debt, the power of the Federal Bankruptcy Code has been an established part of American society for decades. Many of the fly-by-night debt consolidation, debt settlement, and credit counseling programs make empty promises, but Chapter 13 bankruptcy is a proven and effective way to utilize federal laws to get out of debt.

The automatic stay

The instant your chapter 13 bankruptcy is filed, the automatic stay guarantees that collection efforts are stopped in their tracks. This has the effect of halting collection efforts from phone calls, lawsuits, garnishments, repossessions and even foreclosure. Debt consolidation programs on the other hand have no legal authority to stop any kind of collection activity. Furthermore, some unscrupulous debt consolidation firms have been known to take large fees and leave their clients to the mercy of the collectors when the inevitable garnishments and credit card lawsuits begin.

Asset Exemption

Unlike debt consolidation, Chapter 13 bankruptcy offers protection on secured assets for a total of over $1 million, as well as providing protection for unsecured debts of up to roughly $330,000. One can even exempt retirement accounts, ensuring a better financial future. While the process of reorganizing debt through bankruptcy can be considered a consolidation, it’s a world away from the financial service that seeks to take out an even bigger loan to cover debts. One of the widely criticized aspects of third-party debt consolidation is the practice of taking out a large home equity line of credit to cover unsecured debts. This is essentially trading debt on credit cards for a debt on one’s shelter and home. Chapter 13 bankruptcy offers a guided solution for people to pay down unsecured and secured debts without risking losing their home to foreclosure.

Reduced Payback Amount

While the exact amount depends on the Bankruptcy Court where it is filed, your debt can be reduced by as much as 90% through skillful negotiation by experienced attorneys. Debt consolidation does not reduce the principal owed, and there are additional fees included. Debt settlement may be able to reduce the amount of debt, but the amount of debt that is reduced is often subject to extensive IRS tax liabilities! Furthermore, these negotiations often require a lump-sum payment, and chances are if you’re struggling to make ends meet, you haven’t got thousands of dollars hidden in your mattress.

On Your Terms

Debt consolidation and credit counseling programs are often at the mercy of creditors. If the creditor decides to file a lawsuit, garnish wages, or attempt to repossess or foreclose on property, these services can only stand by and watch. Creditors maintain their power. Chapter 13 bankruptcy on the other hand puts the debtor and their attorney in control. Creditors are the ones who must comply with the program. In fact, they are prohibited by law from making attempts to collect their debts from the individuals involved – they get what the court gives them.

Limited Timeframe

Chapter 13 bankruptcy usually has a repayment period of 3 to 5 years that is set up in accordance with the individual’s ability to pay, income, assets, total debts and other expenses. Once this term is completed, any remaining debt liability is considered “discharged,” or wiped away for good. Debt consolidation and credit counseling can last for years without making a significant impact. Some of these organizations have even been sued by the federal government for taking their clients’ payments without getting them out of debt. Even the organizations that comply with the law do not always obtain consistent results for their clients, because they offer incremental steps for problems that often require immediate and significant action.

No Interest or Late Fees

As soon as Chapter 13 is filed, interest and late fees on most types of unsecured debt cease to accumulate from that moment on. Debt consolidation at its best can only reduce the interest rate. The same result can be accomplished by an individual simply calling their bank and attempting to negotiate a lower rate on an existing loan. In addition to that, the debt consolidation companies are receiving a portion of the funds, either directly or indirectly. Either way, it creates an incentive for the debt consolidation organizations to drag out the process. This is a contributing factor to why many debt consolidation plans fail.

Your Best Interests

When filing for Chapter 13 bankruptcy protection, your attorney has an obligation to always do what is right for you, the client. Violations of this are taken very seriously and can result in an attorney losing their license (being disbarred). This is why if you hire an attorney you can expect to see real results and not have to worry about a conflict of interest.

Pay Necessities First

Unlike a debt consolidation program, chapter 13 bankruptcy allows you to pay your most important bills first: your property and taxes. Unsecured debts get any leftovers after your vital bills have been paid. Since debt consolidation providers often only deal with unsecured debt, it can have the unwelcome effect of focusing an individual’s resources on credit card bills, while their property goes unpaid and potentially becomes foreclosed upon.

Free Consultation with a Bankruptcy Lawyer

When you are ready to file bankruptcy, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free consultation.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Sunday, February 25, 2018

Asset Protection with Swiss Banking

Asset Protection with Swiss Banking

Swiss banking is a really fantastic way to protect your assets on many different levels. I am not referring to UBS and Credit Suisse, but protection in conjunction with your asset protection plan. We are moving assets when we are talking about Swiss banking to a Swiss bank inside of your asset protection trust. This is the ultimate layer of protection in your asset protection plan. Not every lawyer in Utah can tell you about these things, but at Ascent Law, we take your asset protection strategy seriously.

Swiss private banking gives you possession physically outside of the country and legal title outside of your asset protection plan. You have control, but your assets are not there to be grabbed. It also does something else which I’ve become very aware of and concerned with in the last four years and that’s the actual safety of the banks and institutions we hold out money in.

Institutional Risk

I sent out a letter at the end of last year stating my concern around institutional risk. Institutional risk means that the bank that you hold your money in is not there one day or is in bankruptcy and you can’t get your money immediately or your money at all. Five years ago banking failures was something you would talk about in the context of the past. Since modern banking, modern financing, and modern governments we haven’t had any banking failures to speak or and certainly nobody lost any money.

When 2008 came around people lost money. Lehman Brothers and Bear Stearns went under. Many people lost lots of money during this time and are only getting a fraction of their money back. Anything less than 100% is unacceptable. One of my main concerns about US banks is the tier 1 capital ratios. Switzerland solves this because their banking system is incredibly safe. Their tier 1 capital ratios are five times what we have in the United States. There’s personal liabilities of the partners and executives of the bank for customer’s money.

Common Questions About Swiss Bank Accounts

What’s the minimum to open up a Swiss bank account?

  • The minimum is one million dollars, although an account can be opened with half a million dollars if the bank is aware that it is a starting balance and the customer is going to be adding more.

Do you pay taxes on a Swiss account?

  • Many people think or have been told that they don’t pay taxes on something until you bring it back to the US, but the truth is because the United States has worldwide taxation, you pay taxes on all the money you earn worldwide. If you have your money in a Swiss bank and you don’t earn any dividend or interest you don’t pay any taxes, but if you do the Swiss bank will issue you a 1099 just like a US bank would.

How many different currencies can you hold in a Swiss bank account?

  • You can hold 22 different currencies in your Swiss account. This can be a combination of all the hard currencies around the world as well as just one or a few. You also have the luxury of holding individual physical things in your own segregated vault or box.

Although it’s very difficult for a US citizen to get a Swiss bank account, for our clients we still are able to. I recommend it because of the tremendous benefits that come with it.

Free Initial Consultation with an Asset Protection Lawyer

When you are ready to start your asset protection strategy, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

In today’s litigious society, it is an almost certainty that everyone knows someone who has battled through some legal obstacle. We are a litigation law firm that helps people just like you recover from loss or exercise your rights under the law. Another almost certainty is that, with tens of thousands of civil lawsuits filed every day, chances are your turn is coming, if it hasn’t already happened.

Why is this so? Why has litigation increased so dramatically in just 50 years or so? Is it because Americans are injuring each other more than we did two generations ago? Hardly. The root problem, unfortunately for America, lies elsewhere.

A more likely scenario is that, as America grew rich beyond the wildest dreams of our Founding Fathers, the meritocracy that had been “The American Way” for more than 200 years gave way to something else.

Litigation Law Firms

It may be that life had become increasingly easy for most Americans. Even as early as 1960, President John Kennedy saw something corrosive happening to the character of America and Americans, when in his Presidential Inaugural Speech he said, “Ask not what your country can do for you. Ask what you can do for your country.”

So affluent has America become that Americans have come to believe increasingly that every problem can be solved with money. Ignored is the real tragedy of modern America. As it has grown rich and richer, our country has become more and more removed from the ethos of personal responsibility and accountability that made America strong, powerful and respected. No longer self-reliant, Americans have begun seeing themselves as victims of every mishap and misfortune that comes their way. They have come to believe that they have the right to sue for every right they think they have. Forgotten or ignored is the fact that with every right – every freedom, if you will – comes a corresponding responsibility, and that the two are inseparable.

Americans have come to believe that nothing is their fault; that someone else is always to blame. They also have a growing sense of entitlement to compensation from anyone and everyone or any entity or entities that may have contributed in any way, direct or otherwise, to any injury, real or not, regardless of personal fault.

Seizing on society’s growing sense of victimization and entitlement, predator-attorneys helped convince much of the public that it has a “right” to sue neighbors, friends, even family members and employers, doctors, businesses and industries for whatever “wrongs” may occur.

Through advertising, media hype and the actions of lawyers and courts, much of society has been convinced that victimization and entitlement are normal, acceptable forms of behavior.
Accordingly, we have been taught that harsh, aggressive, and vengeful pursuit of cash compensation for real or imagined “wrongs” is the new “American Way.” And it is as American as baseball and apple pie.

Trial Lawyers in Utah

Worse yet, when victimization is rewarded, it becomes legitimized and reinforced in ways that ultimately are destructive to the so-called “victims” and to society as a whole.

Fifty years ago, most of our parents or grandparents wouldn’t know how to find a lawyer let alone engage one. You just didn’t sue anyone. It wasn’t done. If you got injured, insurance would cover the claim or the offending party would pay the cost of the injury, if you were lucky. Everyone involved chalked up such experiences to the school of hard knocks and went on with their lives. We used to think, accidents happen! No one thought about punitive damages or compensation for trauma, mental anguish, or emotional distress. No one even knew what those terms meant. Not so today.

Confronted by the overwhelming litigation that surrounds us all and the disdain society feels toward lawyers, it is no wonder a poll by Harris Interactive concluded that 54% of those surveyed do not trust the legal system in America, while 83% believe the system makes it too easy to file frivolous lawsuits. In another Harris survey, only about 11% of the public said they had confidence in America’s law firms, which is only slightly higher than confidence the public has in the two lowest rated institutions surveyed – Wall Street and Congress. Even more revealing than the public’s negative attitude toward law firms is a Gallup poll that ranked lawyers next to last in honesty and ethics – just a hair above used car dealers. My, how far the mighty have fallen!

Despite these deep-felt negative apprehensions about the law and lawyers, an American Bar Association survey of its members incongruously indicates that 80% of the respondents think that, “In spite of its problems, the American justice system is still the best in the world.” Now that’s denial. “Of course, these poll results were reported by the news media, so they could be wrong,” says Dave Barry, the popular American satirist. “There might not actually have been any polls; it’s possible that some reporter just made the whole thing up. But I don’t think so.”

Despite such broad-based and growing public distrust of the civil justice system and disdain for lawyers, the public nonetheless appears undeterred in its headlong rush to get whatever it can from whomever it can.

Free Initial Consultation with a Litigation Lawyer

When you need a litigation law firm to help you with a lawsuit, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Saturday, February 24, 2018

Probate Court

It’s a teenager up at the bench, sitting behind it, next to the judge, and it’s not something a lawyer in Utah sees every day in a Salt Lake City Courtroom. But as the Deseret News reports, it’s a program to get high school students from the area interested and involved in the legal system from a young age.  Some asked why we’re in probate court, and my response was because I am a probate lawyer. Teenagers are given the opportunity to shadow judges in their everyday duties as they work through the dockets, provided their behavior matches up to courtroom expectations.

Probate Court

Called the Judge for a Day program, it’s not new, but it does often take the average lawyer in Utah off guard when they see a teen sitting up next to the judge. One pair, Judge Randall Skanchy and East High School junior Sam Bennett saw about 175 appearances “and conducted two sessions of drug court” during the day they worked side-by-side. If that isn’t an accurate introduction into courtroom practice on a daily basis, it would be difficult to find something that teens could experience that comes closer.

The Judge for a Day program originated a decade ago, and provides stark relief to the dramatized perspective thrown up on TV through shows like Law and Order, The Practice, or event Judge Judy or programming on Court TV. For kids interested in pursuing a career in the legal field, whether becoming a clerk, judge, or lawyer in Utah, this program helps them gain a more realistic perspective of the action.

And it’s gotten enthusiastic response from the Salt Lake City legal community. Judge Skanchy hosts a student every year, for example, and he thinks the program serves more than just those aspiring to become a lawyer in Utah—Judge Skanchy hopes “that understanding the courts will help Utahns feel more comfortable should they find themselves interacting with the judicial system” in any capacity. Being party to a lawsuit or involved in some way in a criminal case, as a witness or the accused alike, the experience of being involved in the courts is “probably the most important thing they have going on in their lives at that time…The outcome is important to them in a thousand different ways. It’s important for them to feel like they’re safe in court and they have the opportunity to be heard.”

And even while some attorneys might feel that not everyone has the privilege of appearing in a courtroom with such a generous and fair-minded adjudicator, others would insist that it is judges with outlooks like Skanchy’s that make the program worthwhile. Throughout the state, 23 students will be participating in the program spending time with Utah judges until the end of May. While high school student Sam Bennett has reported that he’s not sure whether he wants to pursue a career in law, he says his experience has certainly benefitted his understanding of the system.

Words of wisdom from the teen: “There are good things it can bring to people’s lives and positive effects it has on society. It’s not just a punishment. It’s a way to help people live the lives they should be living.”

Free Consultation with a Probate Lawyer

When you need to plan an estate, administer an estate, or go through probate, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

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

Living Trust Lawyers

Creating a will is just the first step to securing a less painful transition for your survivors in the eventuality of your death, but the problem is, no one wants to dwell on their own impending demise. As humans, we spend a lot of energy avoiding confrontation with the reality that our lives will end, and as privileged individuals living in one of the wealthiest nations in the world, we’re not forced to all that often.

We see this all the time because we are Living Trust Lawyers. When one of our own parents or family members pass, and we’re left to grapple with the frustrations of failed paperwork as well as the natural processes of grief, we begin to understand the importance of a will. But it doesn’t have to be that way, any Salt Lake City estate planning attorney will tell you. This guy even wrote a book about how to avoid being caught off guard when a relative leaves you behind holding all the (often incomplete) burial and estate arrangements.

End of life planning help from Salt Lake City estate planning attorney is best gift to children and relatives

The New York Times reporting on Eric A. Dewey’s experiences trying to finalize his father’s last wishes also details several other accounts of individuals who would have benefitted from the services of a Salt Lake City estate planning attorney. One was a woman whose membership in the Neptune Society (which cremates and scatters ashes at sea) was never finalized, so her descendants were stuck in the hospital with her body and no back-up plans. Another is the story of a man’s veteran father whose request to be buried in Arlington Cemetery was barely able to be fulfilled when he found the requisite paperwork being used as a bookmark in an obscure tome on a shelf in the garage.

It’s no wonder that these situations seem heartbreaking and overwhelming.  When dealing with your own loss, the last thing you want to worry about is a loved one’s last wishes remaining unfulfilled because of red tape and probate paperwork.  But a Salt Lake City estate planning attorney can help. Dewey’s chronicle of his own experience is recorded in “The Big Book of Everything,” which, despite its lofty title, seems to be eagerly received as evidenced by its 1,000 times-per-month downloads from the Internet, where it is available for free.

Dewey’s book certainly won’t take the place of counsel from a Salt Lake City estate planning attorney, but it does provide some helpful tips and insights in preparing for eventualities. Like how we need to keep track of “school and employment history and previous addresses” while we’re still around, even while it may be “tedious and not very pleasant,” something Dewey will readily concede.

The New York Times is in agreement with Dewey, and provides recommendations of books that can be a beginner’s resource in estate planning, as well a concise summary of a few points about whether to consider a will, a trust, powers of attorney, or various types of advance directives. Still, the NY Times acknowledges, everyone’s circumstances are different, and “if you have any doubt, it’s best to research it further or consult a lawyer.”

Free Consultation with Living Trust Lawyers

When you are ready to plan your estate and need to speak with Living Trust Lawyers, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Friday, February 23, 2018

Small Business Lawyers

Small Business Lawyers

Salt Lake City seems to be one of few shining beacons that exist as an example of a success city following the aptly titled “great recession” of 2008. Many may remember that the real estate market suffered greatly during and shortly after the recession. Now, a business lawyer in Utah knows that real estate project owners can count on high demand as buildings and commercial lots are becoming packed with new and improved businesses. The average Utah lawyer is being retained by small and large businesses alike to develop the legal foundation for their hopeful real estate plans. This focus on new development follows a focus on the environment, according to many law firms in Salt Lake City Utah. A welcome move since Salt Lake City has high levels of pollution compared to other areas. In 2010, it was declared nationally that Northern Utah’s air was, by a very large gap, worse than any other air anywhere in the U.S. Following this painful discovery, Utahns have since decided that in order to have a healthier environment precautions must be taken for the future.

Salt Lake City Law Firms

Once it was activists and youth who declared their desire that new building and real estate endeavors adhere to certain standards, to benefit and preserve nature. Now, businessmen and real estate developers are, themselves, finding ways to be environmentally conscious for the benefit of consumers, wildlife and the environment, because they believe in it and not because they are legally bound. This is a dramatic shift in the attitude towards real estate development, which many health conscious citizens and Utah lawyers are supporting. Many agree that this stems from many factors, including the scientific evidence that has amassed and supported the effects of environmental health on personal health. A larger reason for this shift may be even simpler; the same college-bound, megaphone-yielding, environmental activists of the past ten years are finding themselves as powerful post grads in big businesses. Health conscious shifts are being created by the health conscious minds of many current CEOs and the changes are making an impact; a trend that’s even being seen in law firms in Salt Lake City Utah, as well. Studies now show that simple steps towards economic and environmental harmony create a much larger impact than previously thought and a Utah lawyer must be constantly aware of the environmental laws that now, and will soon, surround real estate development. A real estate lawyer Utah can depend on will have his or her skills put to the test as these legal alterations emerge in the next few years.

Apart from these environmental benefits of health conscious real estate development, tourism will take a jump, declares many attorneys in law firms in Salt Lake City Utah. More patrons and visitors will flock into the fair city that houses breathtaking landscape, especially if the air won’t take your breath away, says any Utah lawyer. That’s also something that Salt Lake City officials are happily taking under consideration and preparing for as efficiently as possible. For the month of July regulated free passes are being given for individuals who utilize the public transportation through the Salt Lake City area. With public transportation now reaching further than ever before, community will take on a much broader interpretation. A real estate lawyer Utah can depend on for accurate counsel would say this trend will only continue.

Free Consultation with Small Business Lawyers

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

Michael R. Anderson, JD

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

When you hire a divorce attorney, the love is gone, and divorce proceedings have started, your future begins right now – in the present economy.  Financing a new home or refinancing an existing one is a major concern.   But don’t be afraid.  You can do it.  And you can find someone to help you.  There’s no reason to go it alone.  I’ve represented hundreds of clients to know that bluer skies always rise above the mountains.

Divorce and Refinancing

Mortgage lenders require detailed financial statements, proof of steady incomes, and sizeable down payments.   In a refinancing, chances are the lender appraisal won’t value your home as much as you think its worth.  And lenders will only lend against a percentage of your home’s appraised value.  Take time to prepare for your home financing or refinancing during your divorce to pass lender scrutiny and convince your spouse or a judge to accept your proposal as part of your overall plan to divide the marital assets.

Arizona law provides that community, joint, or commonly held property must be divided equitably, though not necessarily in kind.  This language requires a substantially equal split.  Above all, it mandates fairness.  A property division may be unfair, for example, if your spouse walks away with all of the cash and you can’t finance or refinance a home.

Ten easy steps will help you plan your home loan

Step One. Identify your marital liquid assets, like cash in bank accounts and tax refunds.

Step Two. Identify and give a value estimate of your marital cash-convertible assets, like home equity, mutual funds, term-life insurance policies, and, possibly, major corporate stock and real estate investments.

Step Three. Identify and give a value estimate of your marital assets that you cannot or do not want to cash out. These may include cars (valued through Kelley Blue Book website at http://www.kbb.com), personal property, (furniture, furnishings, jewelry, paintings, tools), retirement funds, (pensions, 401ks, IRAs, and deferred compensation); self-employment businesses, time shares, closely-held corporate stock, and limited liability company and partnership interests.

Step Four. Identify your marital debts, like credit card balances, tax liabilities, and home mortgage balances and obtain your credit score and report from one or all of the credit reporting agencies.  Remember that the mortgage goes away if your home sells.  If you keep the marital home, expect to refinance to remove your spouse from the mortgage and pay his or her share of the equity.

Step Five. List the marital assets and debts between you and your spouse.  Allocate one-half of each of the liquid assets, the cash-convertible assets, and the debts. Allocate the marital assets that you cannot or do not want to cash out in an equal or substantially equal split. You can split retirement funds in any amount without taxes or penalties if you withdraw no money. Make sure you give yourself at least one-half of the liquid assets. If your spouse has greater earning power, you might take more cash.

Step Six. List your current income or income capacity and any separate property, income, and debts. This includes real estate, disability benefits, and student loans. Spousal and child support should be factored as well. Lender financial statements demand support information.

Step Seven. Calculate mortgage amortization schedules on the Internet to see what monthly payment you can afford.  Be sure to factor in taxes and insurance.

Step Eight. Contact lenders to see if you pre-qualify for a loan. There are numerous available lenders with Internet access.

Step Nine. Search for where you want and can afford to live. Your plan more likely will succeed if you can identify the home you want to buy. The U.S. Department of Housing and Urban Development (HUD) website at http://www.hud.gov is a helpful resource for home buyers.  Ask around for realtor referrals.  I’ve yet to run across one who isn’t willing to help.

Step Ten. Consult with a divorce attorney for advice on your proposed property allocation.  Asset waste or other issues, like tax rates and regulations, may suggest an adjustment.  Your lawyer can give you projected child support and spousal maintenance amounts.  He or she can refer you to a home or business appraiser, forensic accountant, tax practitioner, or certified divorce planner to address property division, business, income, and tax issues. You cannot finance or refinance a home, for example, if no one agrees you should receive your share of the cash.  Your lawyer can advocate your point.

These ten simple steps will help you finance a home, reduce your anxiety over the process, and show your spouse or a judge how your financing plan is a fair part of the overall division of property. You’ll see those bluer skies if you look above the mountains.

Free Consultation with Divorce Attoreny

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Thursday, February 22, 2018

Stop Repossessions with Bankruptcy

Vehicle repossessions are unfortunately quite common as many people are still struggling to gain a foothold in the unsure economy. Falling behind on vehicle payments can occur for a variety of reasons, with medical hardship and job loss as two of the biggest contributing factors. You should contact your friendly neighborhood bankruptcy lawyer who will help you.

Stop Repossessions with Bankruptcy

How Your Vehicle Can Survive the “Repo Man”

Contrary to popular belief, repossessions can happen even if you’re a single day late on a car payment. While the amount of time varies depending on the lender, falling behind on car payments is risky because banks and finance companies are often trying to squeeze as much out of consumers as possible. Bill collectors are usually paid a commission based on a percentage of what they collect, so they have a very strong incentive to either obtain payment or repossess the vehicle. But that’s just the beginning of the collections process; just because they got their vehicle back doesn’t mean you’re off the hook. Repossessions usually involve all kinds of extra fees tacked on along the way in addition to the remaining balance of the vehicle after it’s auction (which is virtually always less than market value). You might expect the collections efforts to get even more intense.

Debt collectors are notorious for bending the rules and being unethical, with upwards of 130,000 complaints filed against them with the Federal Trade Commission in the last year. The truth of the matter is that bill collectors have one goal: to collect. They rarely (if ever) inform consumers of their rights under federal law and the options available to them. Scare tactics are often used instead because the consumer’s best interest is not really that important to a bill collector. If no payment is made a lawsuit can be filed and a wage garnishment can be applied to the debtor.

That’s why it’s important to speak with an experienced bankruptcy attorney as soon as you know there’s an issue. Filing for bankruptcy will stop repossessions and other collection activities immediately. In fact, in most cases you can maintain possession of your vehicle through the bankruptcy process! Of course, in some cases it isn’t worth keeping a car if it’s unneeded. In those cases, a voluntary surrender in bankruptcy means you give the vehicle back to the lender, but the debt can be wiped out completely (including any fees they’d love to tack on).

If you’re behind on your payments, contact the bankruptcy team at the Lincoln Law to learn about your options and come up with a plan of action in the event you can’t catch up on your payments. Facing repossession and other collection tactics can be frightening, but with the power of the bankruptcy code on your side, it doesn’t need to be. By choosing an experienced bankruptcy law firm, you can protect your valued property and stop debt collectors in their tracks.

Do I Need A Lawyer To File Bankruptcy?

If your financial struggle is causing you to consider filing for bankruptcy, you might be wondering if you must hire a lawyer to represent you.

The Risks with a Lawyer

While technically there is no requirement to hire a lawyer, it is important to recognize that the rules governing bankruptcy, called the Bankruptcy Code, are extremely complicated. A bankruptcy petition listing your assets, debts and other pertinent information is at least 35 pages long (and often longer). Errors in the petition could result in a dismissed (or unsuccessful) case or even loss of property you thought you would otherwise keep. It’s also important that all the information is prepared properly and accurately, because information perceived as misleading could land you in jail for fraud or perjury.

Qualifications of Bankruptcy Attorneys

Attorneys go to school for several years to obtain a juris doctorate degree. With their J.D. behind them, they take on the challenge of their state’s bar exam – if they pass, they are licensed to practice law in that particular state. However, since bankruptcy laws are written by the U.S. Congress, lawyers also need to familiarize themselves with the federal bankruptcy code specifically, which isn’t generally a focus on the bar exam. But even once all of these obstacles have been overcome, it’s important to remember that not all lawyers are the same – experience and focus in bankruptcy matters tremendously.

Our Recommendation for Bankruptcy

Although it’s not technically required, it’s most definitely prudent to hire a bankruptcy attorney who is extremely knowledgeable and experienced to assist you along the way. A relatively small expense earns you years of legal experience and the understanding of the bankruptcy code. Do some investigation about the attorneys you are considering working with. Are there complaints about them on government or review websites? You can also check county court records to see if the lawyer has ever been arrested or charged with a crime. One of the best resources for finding a trusted lawyer is simply ask your friends and family members if they know someone who can help you. But ultimately you’ll want to meet whoever you are considering working with to ensure they are knowledge, trustworthy and considerate of your goals.

Free Consultation with a Bankruptcy Lawyer

If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.

Michael R. Anderson, JD

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

“Keep it secret. Keep it safe,” seems to have been the inspired motto of South Jordan City regarding a certain document that the public demanded access to. No, it wasn’t the One Ring to Rule Them All, it was a draft document for part of the finances of a mini golf and games business set to be developed in the city. And despite the best efforts in the courtroom, it looks like South Jordan City will be able to keep it secret and safe, after all, something which the Salt Lake City contract attorney for the “grass roots group trying to pry open the confidential ‘draft document’” says was not a great decision for the public, according to the Salt Lake Tribune article reporting on the story.

Salt Lake City Contract Attorney

legal process to access information backfired and will result in more secretive measures

Here’s how it happened—starting back in 2011 when “Mitt Romney told an Iowa State fairgoer that ‘Corporations are people, my friend,’” setting off alarm bells for concerned citizen advocates across the country. But then the Supreme Court upheld that notion just recently with its decision that Hobby Lobby enjoys constitutionally protected rights. And now South Jordan City is invoking that same idea, defending its right to confidentiality regarding the planning document for Mulligans Golf and Games resort, which residents are hoping to block development for. Salt Lake City contract attorney would be hard pressed to dispute the legal reality that the city can claim personhood, and thus protection under confidentiality rules.

Which is what the Records Committee in Salt Lake City hearing the case decided, eventually, despite the best arguments presented by the grass-roots group’s Salt Lake City contract attorney Jon Call. Call actually acknowledged that the argument that the city is a person is a valid one, legally: “we don’t dispute that,” he was heard to say in the courtroom. But was South Jordan City taking it a little too far when it “pressed the city’s legal status as a ‘person’ to argue” that the draft report “was confidential because it was created for ‘personal use” of an individual—namely, South Jordan City”? Probably. An “individual” is apparently defined as a human being, even when a “person” is not.

So South Jordan City couldn’t claim “personal use” of the document, even while being recognized as a “person.” This is where things can get hairy, Salt Lake City contract attorney Alger and other lawyers in Utah would remark. But hairy or not, the dispute was resolved in a 4-1 vote favoring South Jordan City’s right to keep the document private and confidential. Secret and safe.

That’s probably not the end of the story, however. Local legal organizer Verne Cotton finds the idea of corporations and cities as people as “atrocious” and a “legal fiction” that is “allowing corporations to hide behind the Constitution.” His advocacy group points to “last year’s nonbinding survey in Salt Lake City where 88 percent of voters agreed” that corporations are not people, and they want to see the law changed. Which would mean significant changes for Hobby Lobby, and Wall Street too, most likely.

Free Consultation with a Contract Lawyer

When you need a contract drafted, have a contract dispute, or need a contract reviewed, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506
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Wednesday, February 21, 2018

Child Support for the Unwed

Having a child is one of the most wonderful experiences you could ever imagine, even if you are not married. But you can have some legal challenges when establishing child support if you ever decide to end your relationship. As a child custody lawyer, I’ve seen that the statistics clearly show that over 40% of births in the United States happen to unmarried couples. Although the percentage is lower in Utah, there are still 20% unwed couples that struggle with child custody and child support issues. Thankfully, you can handle important issues surrounding child custody and child support with the help of an experienced Salt Lake City child support attorney.

Child Support for the Unwed

ESTABLISHING PATERNITY

This is one of the most important aspects to consider before creating a visitation agreement. Without establishing paternity, you can’t claim inheritance rights, financial benefits, insurance benefits and Social Security benefits. A child support order requires the father to establish parentage. In other words, the father must have a legal relationship with the child otherwise the court can’t create visitation agreements, custody, and financial arrangements.

There are two ways to establish paternity in Utah:

  • The father can sign a Voluntary Declaration of Paternity.
  • Take a paternity test if the paternity is in question.

THE MOTHER IS ALWAYS AWARDED CUSTODY

It doesn’t matter how great the father is, the unwed mother generally gains the primary custody of the child. It’s her legal and natural right after the child is born. This means her rights are far superior to the fathers and any other person in the family. However, as long as the father establishes legal paternity, he can claim his child custody or visitation rights in court. Sometimes these cases can be contentious and you may need the assistance of a Salt Lake City child support attorney.

Establishing paternity can be helpful in cases of child abandonment. If a child is not safe he or she can be immediately removed from the mother’s custody and the father can automatically gain custody. However, if the father is not listed on the birth certificate, he can’t claim these rights and the child will be sent to foster care. Also, some unwed mothers may place the children up for adoption without the father’s consent. If the father hasn’t established paternity yet, he may need to go through a complex legal process in order to claim his parental rights.

CLAIMING THE CHILD ON YOUR INCOME TAX

Only one parent can claim the child as a dependent on the tax return yet the person who claims the children can change each year. Some parents may work out a plan that will benefit more the children and the whole family. But the non-custodial parent or parent providing child support can’t claim child support on his or her taxes.

GRANDPARENTS CAN ALSO SEEK LEGAL GUARDIANSHIP

The percentage of children living with grandparents increases every year. Unfortunately, in most of these cases, grandparents don’t have legal guardianship. This can be a problematic situation leading to several legal complications, which can be solved with the help of an experienced Salt Lake City guardianship attorney.

WHY SHOULD YOU MAKE IT LEGAL?

Having a formal relationship with your grandchildren can be rewarding. If you don’t have legal custody or guardianship, the children can be taken away from you at any time. In some cases, parents are able to cut off contact between the children and grandparents. Having legal custody does not guarantee your grandchildren will stay with you forever but you will reap many legal services and benefits.

WHEN ARE THE CHILDREN LEFT IN THEIR GRANDPARENT’S CARE?

This generally happens when the parents have problems such as substance abuse. There are also parents having physical, emotional, and financial problems who may leave the children with grandparents. Courts grand custody base on the child’s best interests. It is possible for grandparents to be awarded sole custody as long as they can prove the parents are unfit for custody.

WHY SOME PARENTS CUT OFF GRANDPARENTS?

Some parents may wish to keep their children and stop all contact between grandparents and grandchildren. Some of the most common reasons for this to happen include:

  • Jealousy – Grandparents that spend a lot of time with the children have a good relationship with them.
  • Poor parenting skills – Some parents may not have the best parenting skills and they feel it is too hard to live up to their parents’ expectations.
  • Regret – Some parents are reminded of why they gave up their children every time they see the grandparents.

Although these are not solid reasons to cut off grandparents, some parents may feel uncomfortable with having the grandparents interfering in their children’s lives.

RIGHTS AND RESPONSIBILITIES OF GUARDIANS

Guardians can make decisions regarding their grandchildren’s education and healthcare. They are legally responsible for their care, including finances. If you are a grandparent seeking guardianship, it’s important you hire expert advice.

GUARDIANSHIP VS. CUSTODY

A guardianship is generally sought when one parent is disabled or can’t care for the child due to other life-altering conditions such as drug abuse. However, once the parent is ready to have the children back, the guardianship generally ends. The focus is always on the child. In other words, both grandparents and parents should think about which option best serves the children’s interests.

WHY SOME GRANDPARENTS QUIT?

It is easier to quit than to fight for your grandchildren’s well-being. If you believe your grandchildren are not being raised in a safe environment, you should contact local authorities immediately and a Salt Lake City guardianship attorney to help you gain custody of the children. Don’t let these legal matters slide before it is too late.

Free Consultation with Child Support Lawyer

If you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

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