Legal Defense To Assault

In Utah, assault is viewed as a different and unmistakable offense from battery. In others, it is incorporated under battery resolutions. In customary terms, assault is a wrongdoing that comprises of purposefully making someone else be in sensible misgiving of unavoidable dread of damage. Unmistakable from the customary meaning of battery, assault does not ordinarily depend on the unfortunate casualty really being harmed. The wrongdoing rather lays on the culprit threating damage with the goal that the unfortunate casualty is sensibly apprehensive that such damage will result. The weight to demonstrate assault is regularly much lower for an assault charge in light of the fact that the investigator need just demonstrate that the unfortunate casualty was sensibly scared of damage and that the damage was fit for being brought about by the litigant. Regularly, such cases are bolstered by the unfortunate casualty’s declaration during a preliminary.

Several places separate different criminal offenses into degree classes. A first degree charge is the most genuine offense in the classification. It is frequently connected with any longer jail sentences, bigger fines and heftier disciplines. Offenses that have higher numeric degrees, for example, fourth degree or fifth degree, are as yet genuine, however they regularly don’t convey as noteworthy of disciplines or include the variables associated with the wrongdoing that can make a charged as a first degree or second degree offense. Different elements may cause an assault charge to be viewed as progressively genuine. This might be on the grounds that the assault did really result in a genuine real damage. Another factor that can influence the offense degree is if a destructive weapon is utilized in the offense, for example, an individual undermining another while holding a firearm.

The personality of the unfortunate casualty can likewise build the potential level of the offense, for example, if the injured individual is a harmony officer or a minor. An earlier criminal history including assault or battery may likewise make the wrongdoing increasingly genuine. The essential result of being indicted for assault is a conceivable term of detainment. In any case, insurance results are frequently similarly as genuine as or much more genuine than the criminal outcome. For instance, people who are indicted for wrongdoings and particularly lawful offenses will have a perpetual record of the offense. This data might be gained by potential bosses who perform criminal record verifications. Assault might be viewed as a brutal wrongdoing, so managers might be hesitant to enlist somebody who may represent a danger to clients or different people. Similarly, different people who perform record verifications may decline to help the litigant, for example, a proprietor who does not need somebody believed vicious to be an inhabitant. Aspirations for vocations or conceivable learning openings might be denied if such an accuse would meddle of the permitting procedure. Regularly, an individual who is indicted for a crime is required to give a DNA test, fingerprints and other data that remaining parts on document. Also, people who are not natives may locate that such a conviction may make them removable.

The accessibility of potential resistances to a charge of assault relies upon the conditions engaged with the case and state law. A criminal defense lawyer in the litigant’s ward can clarify potential protections, for example, Asserting self-preservation in an assault case is fitting when the litigant concurs that the person submitted the assault yet that it was defended given the undermining activities of the person in question. Such a protection might be progressively fruitful when the litigant can demonstrate that the injured individual was really the assailant, the respondent trusted that the person in question was acting sensibly and the respondent’s activities did not go past the power important in the circumstance.

This protection can emerge when the litigant assaulted the unfortunate casualty after the injured individual compromised a third individual. The jury decides if the respondent was acting in a sensible way at the season of the supposed assault. An explanation protection demonstrates that the litigant was not at the area of the wrongdoing since the person in question was elsewhere. This protection may emerge when the unfortunate casualty misidentified the culprit. In a criminal case, the investigator has the weight of demonstrating that the respondent perpetrated every component of the wrongdoing past a sensible uncertainty. On the off chance that the investigator is unfit to meet this weight, the jury needs to discover the respondent not blameworthy. The criminal defense lawyer may challenge the believability of observers or other proof to persuade the jury the investigator has not met this weight.

Where available, this defense generally allows for an individual to use reasonable force in defense of their property, particularly where a person’s own home is involved. The law is more divided on the issue of defending personal property. Generally, if there is some sort of dispute over personal property, the owner is not entitled to use force to retrieve it. On the other hand, if property has been stolen directly from an individual (e.g. by a pickpocket, or purse-snatcher), they may have the right to use reasonable force to recover such property. Consent may be available as a defense to an assault/battery charge, depending on the jurisdiction. Where available, if an individual has consented voluntarily to a particular act, then that same act generally cannot be asserted to constitute an assault and battery. But if the extent of the act exceeds the permission provided, it can still provide grounds for assault and battery charges. Also, it should be noted that courts scrutinize consent as a defense closely, and tend to find that harmful actions, even if consented to, violate public policy and should still be punished under assault, battery, or other laws.

In Utah, assault is characterized as an illicit demonstration of brutality that harms or makes a danger of damage to someone else. Endeavors and dangers of substantial mischief are additionally named assault under state law. Contingent upon the conditions, it very well may be charged as an offense or a crime. Instances of assault charges in Utah include:

• Irritated assault (results in genuine substantial mischief and/or includes a risky weapon)

• Assault with a dangerous weapon

• Rape

• Assault with goal

• Assault against a cop or a military administration part in uniform

• Assault against a medicinal services supplier/crisis therapeutic administration laborer

The punishments for an assault conviction can be extremely serious in Utah relying upon the conditions, the degree of the unfortunate casualty’s wounds, and whether the injured individual was an individual from an ensured class, for example, a cop, social insurance supplier, or school representative. At any rate, an individual can be accused of a Class B wrongdoing and sent to imprison for as long as a half year, yet in extraordinary cases assault can be arraigned as a Second Degree lawful offense. Whenever sentenced, you could go through as long as 15 years in jail and be requested to pay a $10,000 fine.

Battery is the demonstration of physically assaulting another person. In Utah, most violations that would be delegated battery somewhere else are incorporated into the assault umbrella. The exemption is sexual battery, which occurs in the event that one individual deliberately contacts another’s private parts, posterior, rear-end, or bosoms with the understanding that they will probably make alert or insult the person in question. Sexual battery is a Class A crime and has a hypothetical sentence of as long as one year in prison and/or fines of up to $2,500. Anybody indicted may likewise need to enlist as an Utah Sex Offender. On the off chance that you are accused of assault or battery in Utah, you could be confronting a very long time in jail, significant fines, and a criminal record that restricts your future prospects. Try not to confront only it. Call the assault and battery lawyers at Ascent Law LLC today. We will give our experience and learning something to do for you and work vigorously to create the most ideal result for your case.

In Utah, an assault charge can go from a Misdemeanor B to a second Degree Felony. A Misdemeanor B charge requires either:

• an endeavor, with unlawful power or brutality, to do in essence damage to another

• a risk, joined by a show of quick power or savagery, to do substantially damage to another; or

• a demonstration, submitted with unlawful power or savagery, that makes real damage another or makes a generous danger of substantial damage to another

Any of these activities can turn into a Misdemeanor A charge if:

• the individual makes generous substantial damage another; or

• the injured individual is pregnant and the individual knows about the pregnancy.

These activities can turn into a third Degree Felony if: the individual uses a risky weapon, or ther power or means prone to deliver passing or genuine real damage.

What’s more, at long last, a third Degree Felony Assault can turn into a second Degree Felony Assault on the off chance that it really results in genuine substantial damage. Likewise, there are a few increasingly “explicit” sorts of assault, for example, Assault Against an Officer, Assault of a School Employee, Assault by a Prisoner, and so forth. There isn’t a “battery” wrongdoing under Utah state rule (aside from sexual battery), in light of the fact that the assault resolution presently incorporates things that were normally considered “battery.”

As expressed above, it relies upon the dimension of offense. Here’s a graph demonstrating most extreme punishments relying upon the dimension:

• second Degree Felony: 1-15 years in jail, $10,000 fine.

• third Degree Felony: 0-5 years in jail, $5,000 fine.

• Misdemeanor A: 1 year in jail, $2,500 fine.

• Misdemeanor B: a half year in jail, $1,000 fine.

It is uncommon for judges to force a “most extreme” correctional facility/jail sentence, yet it is a plausibility. Almost certain is a blend of prison/jail, network administration, fines, probation, and conceivably outrage the board classes.

Utah law provides a “barrier” to the wrongdoing dependent on a case of self-protection, explicitly: “An individual is legitimized in compromising or utilizing power against another when and to the degree that the individual sensibly trusts that power or a risk of power is important to defend the individual or a third individual against someone else’s fast approaching utilization of unlawful power.” See Utah Code 76-2-402.
On the off chance that you have a self-preservation guarantee, a key inquiry will be whether your conviction that you needed to defend yourself was “sensible.” This will be an issue for the jury (or now and again the judge) to choose. A portion of the significant factors under the self-preservation law are:

• the promptness of the threat;

• the likelihood that the unlawful power would result in death or genuine substantial damage;

• the other’s earlier savage acts or fierce affinities; and

• any examples of maltreatment or savagery in the gatherings’ relationship.

It’s essential to take note of that the defense may not work on the off chance that you incited the fight or you were the “underlying assailant.” Typically, this is a very reality explicit assurance that must be contended and settled at a preliminary, so it has a decent assault lawyer bailing you out.

The vast majority consider assault, at any rate, a push or punch–a type of physical contact–yet that is not the situation. Assault surely can incorporate a push or punch, however it additionally can incorporate “an endeavor, with unlawful power or viciousness, to do materially damage to another “ or “a danger, joined by a show of prompt power or savagery, to do in essence damage to another.”

Thus, in fact, you could be sentenced for assault in the event that you attempted to toss a block at somebody’s head, however missed. You could likewise be indicted in the event that you got up in somebody’s face and took steps to thrash them. In any case, undermining somebody via telephone presumably would not be an assault wrongdoing (in spite of the fact that it might be another wrongdoing) since it’s difficult to make a show of prompt power or viciousness via telephone.

In case you’re searching for an assault lawyer in Utah, don’t hesitate to get in touch with me. Regardless of whether you’re uncertain about whether you need or can manage the cost of a lawyer, I’d urge you to connect to your legal advisor or go for any one that you might consider helpful.

Criminal Defense Attorney Free Consultation

When you need to defend against criminal charges for Assault in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Felonies. Misdemeanors. Traffic Violations. Drug Crimes. Sex Crimes. Preliminary Hearings. Discovery. Motions. Expungements. And Much More. 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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What Are Estates When You Die?

When you die, everything you leave behind is your “estate.” This will include all of your real estate, personal property, debts, etc. At Ascent Law LLC, we can help you with estate administration or the process of distribution of the estate after the death of a loved one.

Two types of taxes can be assessed against your property after you die—estate taxes and inheritance taxes. The federal government imposes only an estate tax, but some states collect one or the other, or in some cases, both. Collectively, they’re often referred to as death taxes. The name Death tax was coined years ago to put a negative spin on the federal estate tax. But although they’re both death-related, they’re actually quite different. The death tax can be any tax that’s imposed on the transfer of property after someone’s death, whether that tax is based on the total value of the decedent’s estate or the value of a single bequest. Although beneficiaries are responsible for paying the inheritance tax while estates pay the estate tax, many estates step in to take this financial burden off their beneficiaries and they pay it for them. It’s a personal decision, not a legislative one, often provided for in a decedent’s will.

An estate tax can be imposed at the state or the federal level. The government charges it on your right to transfer your property to your heirs after your death. This tax generally isn’t levied against the entire value of an estate but only on the amount by which it exceeds certain thresholds called exemptions.

The federal government doesn’t impose an inheritance tax but several states do. An inheritance tax is imposed by a state government on the privilege of certain heirs or beneficiaries to receive a deceased person’s property. Property left to a surviving spouse is exempt from the tax in all six states, but only four states exempt transfers to descendants. This tax is to be paid by the beneficiaries based on a percentage of the value of their inheritance.

State and federal laws change frequently and this information may not reflect recent changes. For current tax advice, please consult with an accountant or an attorney. Once a person dies, a loved one usually files a petition in probate court to start proceedings to settle the estate. Estate settlement involves appointing a person to manage the estate an executor if there’s a will, an administrator otherwise including final bill payment and distribution of the deceased’s property. If no one files for estate proceedings in court, what happens next depends on the type of property the deceased, known as the decedent, owned, whether he had debts and state law.

Estate Losses

Some or all of the estate’s assets may be lost if no one files for estate proceedings in court. For example, if a decedent owned a home with a mortgage, because no one is working on the estate, the mortgage won’t be paid and the lender will foreclose on the home. Further, the person handling the estate usually secures the decedent’s valuable property such as a car. If no one has taken any action on behalf of the estate, valuable items be may damaged or lost. A car, for instance, may be deemed abandoned property by the state if left parked for an extended period of time.

Creditor Action

State laws don’t allow creditors to file claims against an estate once the deadline for the claims passes. A creditor of the decedent with a valid claim has a legal interest in the estate because payment of the debt comes from the estate’s assets. State laws differ on procedures and deadlines. A creditor often files a petition for administration, which is used when a decedent doesn’t leave a will, because the creditor has no way of knowing whether the decedent had a will or its location. Because the creditor has to list the decedent’s heirs on the petition, he may have to investigate the decedent’s family history. The court may appoint a public administrator to manage the estate if no relatives step forward after the creditor files a petition.

Necessity of Proceedings

State laws differ on when formal estate proceedings are necessary. Some estates don’t require court proceedings; these include the estate of a decedent who left no assets or only left property that isn’t subject to state probate laws like property in joint tenancy. For example, if a brother and sister own a house together as joint tenants, and the brother dies without having any other assets or debt, because they were joint tenants, the brother’s ownership interest automatically passes to his sister at death, leaving an estate with no assets or debt to settle. Assets that pass outside of probate commonly include life insurance proceeds and retirement accounts; these assets go to the person the decedent named as beneficiary on the plan paperwork.

No Heirs

If an estate is opened by a person other than a relative or beneficiary, such as a creditor, the court appointed administrator has to confirm and try to locate all heirs. The estate may have assets left after all creditors are paid, and the heirs have a right to the assets. If there are no heirs or the court can’t find them, what happens to the assets depends on state laws. Usually, the estate goes to the state of residency of the decedent.

How an Estate Is Settled If There’s No Will: Intestate Succession
If you’re settling the estate of a deceased person who hasn’t left a will, you probably have more than a few questions about how the estate will be distributed. First, it’s important to understand that many kinds of assets aren’t passed by will, such as:

• life insurance proceeds

• real estate, bank accounts, and other assets held in joint tenancy, tenancy by the entirety, or community property with right of survivorship

• property held in a living trust

• funds in an IRA, 401(k), or retirement plan for which a beneficiary was named

• funds in a payable-on-death (POD) bank account

• stocks or other securities held in a transfer-on-death (TOD) account, and

• real estate or vehicles held with a transfer-on-death (TOD) deed or title document.

To find out who inherits these types of property, you’ll need to locate the documents in which the co-ownership or beneficiary designation was established. To find out who inherits other assets generally, solely owned property for which no beneficiary has been formally named, such as a house you’ll need to consult state law. Every state has “intestate succession” laws that parcel out property to the deceased person’s closest relatives. When there is no will to name an executor, state law provides a list of people who are eligible to fill the role. If a probate court proceeding is necessary, the court will choose someone based on that priority list. Most states make the surviving spouse or registered domestic partner, if any, the first choice. Adult children are usually next on the list, followed by other family members.

The Basic Rules of Intestate Succession

Every state has laws that direct what happens to property when someone dies without a valid will and the property was not left in some other way (such as in a living trust). Generally, only spouses, registered domestic partners, and blood relatives inherit under intestate succession laws; unmarried partners, friends, and charities get nothing. If the deceased person was married, the surviving spouse usually gets the largest share. If there are no children, the surviving spouse often receives all the property. More distant relatives inherit only if there is no surviving spouse and if there are no children. In the rare event that no relatives can be found, the state takes the assets.

All states have rules that bar certain people from inheriting if they behaved badly toward the deceased person. For example, someone who criminally caused the death of the deceased person is almost never allowed to profit from the death. And, in many states, a parent who abandoned or refused to support a child, or committed certain crimes against a child, cannot inherit from that child.

Understanding Key Terms in Intestate Succession

Intestate succession laws refer to groups of people such as “children” and “issue.” You may think you know just what the term “children” means, but don’t be too sure until you check your state’s laws. It’s not always obvious. To qualify as a surviving spouse, the survivor must have been legally married to the deceased person at the time of death. Usually, it’s clear who is and isn’t married.

• Legal separation or pending divorce. If the couple had separated before one spouse died, or if one person had begun divorce proceedings, a judge may have to rule on whether or not the surviving member of the couple is considered a surviving spouse.

• Common law marriage. A few states allow common-law marriages (in which a man and a woman who never went through a marriage ceremony can be considered legally married under certain circumstances). Generally, to create a common-law marriage, the couple must live together, intend to be married, and present themselves to the world as married.

• Same sex marriage. There is considerable confusion over whether courts will recognize a same-sex partner as a surviving spouse. Couples who marry and live in a state that allows same-sex marriage should not have a problem. But if one spouse dies in a state that doesn’t recognize same-sex marriage, the courts will have to decide the issue.

Children and Issue

The simple term “children” can mean different things to different people — and under different laws. Many state statutes use the term “issue” to describe who should inherit in the absence of a will, meaning direct descendants of the deceased person (children, grandchildren, and so on).

• Adopted children. In all states, in the absence of a will or other estate plan, legally adopted children inherit from their adoptive parents just as biological children do.

• Stepchildren. Most states do not include stepchildren (children of the spouse of the deceased person who were never legally adopted by the deceased person) in their definition of children for purposes of inheritance. In a few states, however, it may depend on the circumstances of the relationship.

• Foster children. Foster children do not normally inherit as “children” of the foster parents.

• Children adopted by an unrelated adult or family. In most states, placing a child for adoption severs the legal tie between the child and the birth parents. The child can no longer inherit from the birth parents under intestate succession laws, and the parents can no longer inherit from the child.

• Children adopted by a stepparent. A child who is adopted by a stepparent might still inherit from the biological parents; it depends on state law.

• Children born after the parent’s death. A child conceived before a parent’s death but born after the death (sometimes referred to as a “posthumous” child) inherits under intestate succession laws just as do children born during the parent’s life.

• Children born outside marriage. A child born to unmarried parents always inherits from his or her birth mother, unless an unrelated family adopts the child. If the parents were never married, usually the child must show some kind of proof to inherit from the father.

Brothers and Sisters

If an intestate succession law includes the deceased person’s “sisters and brothers” or “siblings” as heirs, this group generally includes half-siblings and may even include half-siblings who were adopted out of the family.

If an Heir Has Died

Obviously, an heir who has died can’t inherit. But if the heir was a close relative, such as a child of the deceased person, his or her offspring may be entitled to take some or all of what their parent would have received. Figuring out whether this is the case can be tricky, but it’s essential that you do so before distributing assets.

Survivorship Requirements

To inherit under intestate succession laws, an heir may have to live a certain amount of time longer than the deceased person. In many states, the required period is 120 hours, or five days. In some states, however, an heir need only outlive the deceased person by any period of time theoretically, one second would do. Many states have adopted a law (the Uniform Simultaneous Death Act) that says for purposes of inheritance, each person is treated as if he had survived the other.

Rights of a Deceased Heir’s Descendants

Intestacy laws often provide that if one of a group of heirs has died, his or her children inherit their parent’s share. In other words, they take the place of the parent.

Taking Care of Minor Children

Parents who have young children and who make a will typically name someone to serve as the personal guardian of their children. But if a guardian is needed and there’s no will, how does a judge know whom to appoint? In that situation, the court will appoint a guardian. The judge will gather as much information as possible about the children, their family circumstances, and the deceased parents’ wishes and try to make a good decision. The primary rule is that the judge must always act in the best interests of the children. When a loved one dies, it’s normal to feel grief and sadness. At such times, the last thing you want to do is field calls from debt collectors. Some such debts might be your responsibility to deal with, but others might have nothing to do with you.

But here are some general guidelines that will help you be as informed as possible when speaking with debt collectors.

• The estate pays off debts. Generally, family members are not responsible for any debts for someone who has died. Debts might need to be paid back, but that money has to come out of the person’s estate, not your pocket. As long as there’s money in an estate, debts are repaid first. Then any remaining money goes to beneficiaries. There is an order to how debts must be repaid. Funeral expenses, taxes and secured debts are the top. Unsecured debts, such as credit cards, are near the bottom. If the estate does not have enough money to pay back all the debt, creditors are out of luck. Remember that jewelry, antiques and other valuables must all be added to the estate. You might be forced to sell some of them in order to pay back creditors.

• Creditors can’t look outside the estate … usually. Of course, the estate may not be the only money the deceased person left behind. There might be a life insurance policy and retirement accounts, such as individual retirement accounts and 401(k) plans. If those have named beneficiaries—not the estate but a person—then that money is not considered part of the estate and doesn’t need to be used to settle debts.

• Cosignatories and joint owners are different. The above rule of thumb doesn’t apply for any loans you’ve cosigned or on which you are a joint owner. Those are your responsibility.

• There are exceptions in community property states. The estate rule is an exception in community property states

• Dealing with collection calls. If there are credit card debts, don’t be surprised if you find yourself answering calls from collection agencies. There are three things you need to determine: First, is the debt valid? Second, is it within the statute of limitations (typically four to six months after a death notice has been published)? Third, is it your responsibility?

But there’s no legal imperative to do so. If creditors are being aggressive, calling frequently and misrepresenting your responsibility, tell them to stop and then immediately follow up with a letter. The Consumer Financial Protection Bureau has sample letters you can use. You may also submit a complaint through the bureau.

Estate Administration Lawyer Free Consultation

When you need legal help to administer an estate in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. 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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Family Lawyer Magna Utah

In most cases, the first formal notice of a family law dispute in Utah is the complaint. This is a legal document written in very general terms alleging some cause of action, i.e., the way a party has been harmed. If you have been served with a notice of a family law dispute in Utah, contact an experienced Magna Utah family lawyer. The attorney will review the complaint and advise you in the course of action. Family law is complex. Never attempt to navigate the complex maze of Utah family law without the assistance of an experienced Magna Utah family lawyer.

Affirmative Defenses In Family Law

Provided there are no objections to the complaint, the opposing party files an answer. In a typical answer, all claims are denied and so-called affirmative defenses are presented. An affirmative defense is a legal basis to bar a plaintiff from recovery, even if the allegations in the complaint are true. Affirmative defenses refer to legal grounds for dismissal, as opposed to factual grounds.

Common affirmative defenses are waiver, assumption of the risk, and statute of limitations. A waiver is an action by the plaintiff that results in giving up the claim. For example, a plaintiff waives the right to sue by signing a settlement agreement before initiating litigation. The defense of statute of limitations refers to the expiration of the legally established time limit for asserting a claim.

In addition to affirmative defenses, a defendant may assert a claim against the plaintiff or another party. A claim made by the defendant against the plaintiff is called a counterclaim. Third-party claims involve shifting the responsibility to another party. The defendant states that he or she was not responsible but rather a different party-the third party-was. For example, a third-party claim could involve the shift of responsibility from the prime contractor to a subcontractor. For any affirmative defense or third-party claim, the burden of proof resides with the defendant.
Complaints, affirmative defenses, and counterclaims combine to create the pleadings in a case and define the legal issues, factual contentions, and theories of relief or defense. Pleadings must be specific enough to substantiate litigation without dismissal, while at the same time broad and ambiguous enough to allow for amending or fine-tuning claims and defenses as the litigation unfolds.

Family Law Discovery

Once all the pleadings have been filed, the next stage of a lawsuit is discovery. Discovery is the formal pretrial process of fact-finding in which lawyers from both sides are able to obtain facts and information about the opposing party’s case. During discovery, each party gives the opposing party access to information, documents, and key witnesses with pertinent facts. A primary purpose of discovery is to ensure that cases are decided based on the evidence known in advance, rather than as a result of surprises in the courtroom. Attorneys from both sides use the information provided during discovery to develop their strategies for trying the case.
Discovery is comprised of three primary parts: interrogatories, requests for production of documents, and depositions.

The intent of discovery is to gather information and facts relevant to the case. While the scope of discovery is broader than the scope of admissible evidence in trial, unreasonably broad requests for information, sometimes called “fishing expeditions” are not allowed. Requests cannot be overly broad or cause undue burden on the party answering them. Information must be relevant and must lead to the discovery of admissible evidence.
Cases can be won or lost during discovery. Sometimes key information is never properly requested from the other side; key documents may not be identified or, conversely, there may be so many documents that they cannot be properly tracked or inspected. To be successful as an expert witness, you must know the strategy and tactics required to organize yourself and your information most effectively. Courts encourage both sides to become knowledgeable about the facts and relative value of their positions in the hope that a settlement can be reached prior to trial. In the event that the case does go to trial, proper discovery and preparation can expedite the case. As a result, discovery is often the most time-consuming aspect of litigation, in some cases lasting years.

Production of Documents In Family Law Cases

During the discovery process, any party may serve any other parties with a request asking them to produce certain documents relevant to the dispute. Speak to your Magna Utah family lawyer and discuss with him or her the documents that you believe should be produced in your case. Not all documents need to be produced. It’s best to let your Magna Utah family lawyer take a call.

While most documents and records are subject to production, some that are classified as privileged are protected and therefore need not be produced. Privileged information falls within the following three categories:

• Attorney-Client Privilege. Communications between a client and his or her attorney during the course of representation are not discoverable.

• Work Product Privilege. Documents prepared in anticipation of litigation under the supervision or at the direction of an attorney are not discoverable. Working papers under the direction of an attorney, such as notes of telephone conversations, are also exempt from discovery. But be careful what you write. Some work product documents can be discovered, such as calculations that can and most probably will be introduced as evidence. Also, there are times the judge will require you to produce documents if the information is no longer available from another source. You may have the only copy of an important drawing, for example. If you are designated a testifying expert at some point, you may be required to produce all work product. Unless you are retained specifically as a consulting expert and are not expected to testify, assume that your work product will be discoverable.

• Proprietary Processes and Patents Privilege. Information that is vulnerable to exposure to competitors may be exempt, or it may be subject to production under a protective order issued by the court. You can be of great assistance to the lawyer in understanding what is and is not proprietary

Your opponent may employ feast-or-famine discovery tactics. When the “feast” strategy is used, boxes and boxes of documents are produced. Most of the material is of little or no interest, creating a document bottleneck that can inhibit valuable materials from being found. Conversely, when the “famine” strategy is employed, documents are produced to the other side only when they have been specifically requested, or if the court compels their disclosure.

In either case, obtaining any useful documents is the challenge. Obtaining judicial relief from burdensome discovery strategies is equally challenging. Judges prefer to allow cases to proceed with minimal court direction during the discovery phase, with the parties working out their differences.

Organization of Documents

Complex family law dispute cases may involve lots of documents. Seek the assistance of an experienced Magna Utah family lawyer. Parties cannot simply throw together or mix up documents when responding to a production-of-document request. To keep track of documents, an experienced Magna Utah family lawyer usually prepares an index of all discovery documents. In some cases, the court requires each side to provide such indexes.

Preparing for a Deposition

An experienced Magna Utah family lawyer can assist you with your deposition. How you prepare for the deposition can determine how you perform in the deposition. It can have a significant impact on the outcome of the case.

Preparation for a deposition is different than preparation to testify at trial. Preparation is very important. Speak to your Magna Utah family lawyer before your deposition. To be most effective, you must know the difference. Certainly, in preparing for a deposition, you must be knowledgeable of the technical aspects within your expertise as they relate to the case. Additionally, you must have a complete grasp of materials, pleadings, interrogatories, documents, depositions of other witnesses, and any other material supplied by the attorney.

If you have a good reason for not being able to show up at the deposition, you need to contact your attorney to reschedule. This can be done if you are ill, in another concurrent legal proceeding, called away on an emergency, or unavailable because of a very important unforeseen commitment. The deposition should have been scheduled at your convenience in the first place; changing it is usually not difficult if not done at the last minute or under a tight discovery deadline. The deposition can be harder than the trial. It is hard because you have no control over the questioning process and may only answer the questions asked. The opposing attorney is in control. Attorneys test your and their own theories during depositions as they explore alternative story lines in preparation for trial. Depositions allow them to test how well these theories work in order to determine which ones can be developed at trial. Attorneys might use your deposition to gather bits and pieces of testimony to prepare motions unrelated to your actual work.

It is important that you prepare yourself psychologically. You should understand the issues involved in the litigation and the strategies that your lawyer will employ to get you the best outcome. You should understand the role you are expected to play in the litigation process. Plan ahead and discuss with your lawyer the questions that will be asked in the deposition. You should know how to answer open ended questions the other side may ask you. The opposing attorney may set traps. You should avoid falling into such traps.

Never “volunteer” information. Use the number of words necessary to answer the question. If you need to elaborate, do so on a limited basis. Allow the examiner to extract additional information from you. Use “yes” or “no” answers when no elaboration is necessary. You are not in a deposition to lecture or show the breadth of your knowledge; you are there to be responsive to the questions and elaborate to the extent necessary to protect the record.

Take time to think before answering. Pause after each question, even if you think you don’t need to. You need to set the pace and control the timing of the process. Some attorneys like to control the pace of the deposition by using a rapid cadence and not allowing you to think before reacting. Do not let that happen. Conversely, do not take long pauses for no good reason.

Make sure you understand the question. If the question is not clear, too broad, or too complex, ask for a restatement or for further explanation. You can restate the question in your terms before answering.
Never guess at an answer. Never guess at a question or answer before the entire question has been asked. You know what you know. If you do not know the answer, there are several ways to respond. You can explicitly say you do not know the answer. You can indicate that you cannot recall at that moment, but when, in the course of the deposition, you recall the information, you can let them know. You can say the question demands further research and that you will get back to them after a break. Never, never speculate in a deposition.

Never lose your cool. The other side’s attorneys may test you by asking demeaning questions. Do not retaliate. Do not stand up and leave. Lawyers can be very good at provoking witnesses. Do not fall into that trap. Once they discover you are susceptible to emotional outbursts, they will have an advantage. Keep your emotions grounded and under control. Focus on what is being asked, rather than on how it is being asked.

Never loose your cool. The other side’s attorneys may test you by asking demeaning questions. Do not retaliate. Do not stand up and leave. Lawyers can be very good at provoking witnesses. Do not fall into that trap. Once they discover you are susceptible to emotional outbursts, they will have an advantage. Keep your emotions grounded and under control. Focus on what is being asked, rather than on how it is being asked.

Magna Utah Family Lawyer Free Consultation

When you need legal help in Magna Utah for a family law case, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help with you with Legal Separation. Divorce. Child Custody. Child Support. Modifications. Temporary Orders. Family Law Mediation. Spousal Support. And Much More. We can 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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How To Legally Get Separated

from Michael Anderson https://www.ascentlawfirm.com/family-lawyer-magna-utah/

from
https://goofew.wordpress.com/2020/01/02/family-lawyer-magna-utah/

How To Legally Get Separated

Legal Separation is a major change in the status of your marriage. To get a legal separation you must file a petition in your Superior or Family Division Court. It is a distinct legal product rather than being a first step to getting a divorce. In fact, legal separation takes as long as a divorce (average time, 8-10 months), and costs just as much. In many ways, a legal separation is the same as a divorce. Both include final custody, visitation, child support, and if appropriate, alimony orders. All the family assets and debts are permanently divided. (In both types of cases, it is possible to get temporary orders about support and custody early in the case, if you need them.) The major difference is that if you have a legal separation, you are still married. The wife may not resume her former name. Since it costs just as much, takes as long, and requires the same major decisions, why would anyone want a legal separation? Some couples choose legal separation because of religious beliefs or moral values against divorce. In a few cases, health insurance coverage is the reason for a legal separation. Even after divorce, employer supplied health insurance may continue for a spouse.

However, the coverage may be for a limited period (two or three years) and may require payment of a substantial monthly premium. In some, but not all, employer’s health insurance plans, the situation is better if you get a legal separation. In these plans, coverage and costs change if you divorce, but not if you get a legal separation. If health insurance is an important issue in your family, get information from the employer’s benefit or human resources department. If you are considering divorce or legal separation, or think that your spouse is, it is important to see a lawyer and get legal advice. Legal advice includes how New Hampshire law applies to your family situation and your legal options. The lawyer can help you decide whether a legal separation or a divorce would be the better choice for you. Some lawyers offer a free or reduced fee initial consultation. If the lawyer whose advice you want charges, it will be a good investment for you to pay for 30 minutes or an hour of time before you take steps that cannot be undone. Separation, legal separation, and divorce have long-lasting legal results. See a lawyer before you act. Anything you agree to in a legal separation agreement can set precedence.

In other words, if you agree to your wife living in the marital home when you file for a legal separation and you continue to make the mortgage payments a judge may order you to continue doing so after a divorce. Do not agree to anything in a legal separation agreement that you would not agree to if you were negotiating a divorce settlement.

How to File for a Legal Separation

• First, you must meet your state’s residency requirements. Residency requirements are the same for legal separation and divorce. To find out your state’s residency requirements check your state’s divorce laws.

• If residency requirements are met you will then file a legal separation petition with the court if legal separation is recognized in your state. You may do this by contacting an attorney, using online resources or contacting your court clerk and filing prose.

• Along with your petition for a legal separation, you will file your legal separation agreement. Make sure the agreement covers all issues such as child custody, child support, visitation, spousal support, what is to happen to marital assets, who lives where, who pays what debts, any rules and guidelines pertaining to dating and having other people around any minor children and a time period for which the separation will end.

• If you and your spouse are not filing for the separation jointly you will need to have your spouse served once you have filed your petition for legal separation. As with a divorce, your spouse will have a certain period of time in which to respond to your petition for a legal separation.

• If your spouse does not agree to the provision set forth in the petition he/she has a right to file a counter-petition. If this is done and you can’t come to an agreement via mediation you will have to go before a judge to settle the issues you were unable to agree upon. In some cases, a legal separation can be as complicated as obtaining a divorce.

• If your spouse agrees to the provisions in the petition all you will need is for both spouses to sign and notarize the agreement so the court clerk can enter it into the court records for approval by a judge. It’s important you understand that once the agreement is filed with the court that it is a legally binding contract that you are both expected to follow.

• Once a judge has reviewed and signed your legal separation agreement it will be filed and on record with the court clerk. Once it is on record with the court you will want to be sure to keep a copy for your own records. And to follow the guidelines set out in the separation agreement.

You only have to want to live “separate and apart” from your partner to legally separate from them. This means that you have decided that you want to end your marriage or common-law relationship, and started to behave in a way that shows you want to end the relationship. You don’t have to go through a formal process or get a document to legally separate. After you separate, most people need to make important decisions on their family law issues. If you and your partner agree on your issues, you should put what you’ve agreed on in a written separation agreement. You do not need to file court papers to separate. The law does not require you to live with your spouse. However, separating from your spouse may affect your legal rights. The best way is to talk to a lawyer before separating.

If you do separate, you will need to work out arrangements for the care of the children, support, and payment of bills. A mediator or lawyer can help you and your spouse reach an agreement. A lawyer can advise you on your legal options, if an informal agreement is not possible. If you are not ready to file for a legal separation or divorce, but need the court’s help in getting child support or alimony (support for spouse) there is a special type of court papers that can be filed. You may also seek court orders about custody and visitation without filing for a legal separation or divorce.

Couples decide to legally separate instead of divorce for many reasons. Some of the most common reasons are:

• They are unsure if they want to get divorced

• They cannot afford to get divorced

• Financial benefit, such as continued health insurance

It is important to note that legal separation is not just moving out of the home you share with your spouse. If you want to legally separate, you need a separation agreement. In general, a separation agreement covers:

• Basic information such as the date you were married, the date you separated (or will separate)

• Who the children will live with (if you have children)

• Who will pay which bills

• How property, like your home and cars, will be divided up and cared for

It is important to think carefully about the terms of your separation agreement. If you decide later to get divorced, the terms of your separation agreement can become the terms of your divorce.

What do I do after the separation agreement is written?

• Get it signed and notarized. You and your spouse can sign it at different times and in front of different notaries.

• File your signed and notarized separation agreement with the County Clerk.

• Once your separation agreement has been filed, the process is complete.

There are pros and cons to legal separation, and it may not be right for every couple. Here are some of the most important things to consider:

The pros of legal separation

• Legal separation provides space and time to figure out if divorce is really what you want.

• It can be a good time for marriage counseling.

• You can still get your spouse’s health insurance.

• Years spent legally separated count as years married, so you will be able to receive your spouse’s social security retirement benefits. (You must have been married for at least 10 years to receive your spouse’s social security benefits.)

• Legal separation may not violate your religious beliefs.

• A separation agreement can be helpful if you get divorced because the court may allow you to use your agreement as a basis for divorce.

The cons of legal separation

• Legal separation does not end your marriage. You would still have financial, legal and logistical ties to your spouse.

• A separation agreement is meaningless unless both spouses sign it.

• Spouses who do not get along or do not communicate well may have a hard time creating a separation agreement.

• You cannot marry someone else when you are legally separated.

• If abuse has occurred in your marriage, legal separation is not a good option.

• You must wait a year to use a separation agreement as a basis for divorce.

If you want the terms of your divorce to be the same as the terms in your separation agreement, file for a conversion divorce. A conversion divorce is a divorce based on an existing separation agreement.

In a conversion divorce, you ask the judge to include all the terms of the separation agreement in your divorce. The judge will review all of the terms of your agreement and decide whether to include all the terms of the agreement in your divorce. Also remember: You and your spouse must have lived apart for at least one year, and followed the terms of your separation agreement, before filing a conversion divorce. If you have not already filed your separation agreement with the county clerk, you must file the separation agreement at the same time you file your divorce papers.

There are many reasons why you may choose to get legally separated rather than divorced, for example:

• One or both of you may hope to reconcile in the near future;

• One of your may rely on the other for health insurance;

• One spouse might like to stay married in order to qualify for Social Security or military benefits on the other’s account; or

• For religious reasons.

Regardless of why you want a legal separation, most states will require you to do more than simply live apart. To be legally separated in most states, you must go through a process very similar to a divorce and which involves the same issues, namely:

• Child custody and visitation

• Alimony and child support

• The division of marital property and debts

What is the benefit of getting a legal separation?

Maybe you have hoped you’ll get back together and you don’t want to end things just yet. Maybe you need to stay on your spouse’s insurance, and if you get divorced, the insurance company will kick you off the policy. In those types of situations, it may make sense to stay married but live apart separately, which is what a Utah legal separation allows you to do.

Who files for legal separation?

Usually, those who file for legal separation are:

• people whose culture doesn’t allow divorce,

• people whose religion doesn’t allow divorce,

• people who want to stay on their spouse’s insurance.

When people compare Utah legal separation with Utah divorce, and they realize the restriction on legal separation, they almost always choose to file for divorce.

Legal Separation Lawyer Free Consultation

When you need to get a legal separation in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you get legally separated. File for Divorce. Child Custody. Child Support. Alimony. Debt Division. Asset Division. Real Estate. And Much More. 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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from Michael Anderson https://www.ascentlawfirm.com/how-to-legally-get-separated/

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Probate Lawyer South Salt Lake Utah

Even if your estate is very small you should speak to an experienced South Salt Lake Utah probate lawyer. How your estate passes on to your near and dear ones will depend on your decision. You may want to pass on your assets to certain persons close to you but unless you put that on a document, there is no way the State of Utah will know about it. So if you die without an estate planning document in place, the State of Utah will distribute your estate according to Utah intestacy laws.

It’s important to have an experienced South Salt Lake Utah probate lawyer prepare your estate planning documents. Too often financial plans and estate plans are created without attention to or articulation of core values. We need to keep at the heart of our estate planning what really matters, why we are planning, and for whom. Too often financial plans are created with only our own financial security and tax reduction as objectives. Likewise, estate plans are predominantly created to avoid or reduce taxes, or to pass money, meaningful objects, or lessons on to our families or friends. Little, if any, support is passed to the nonprofits we have cared most about. Establishing a philanthropic or giving plan may tie together and lend added meaning to your other planning. Having or making money for others, not just for ourselves, gives added significance to doing good for the greater community. With a giving plan in place, your financial plan and your estate plan are likely to shift.

It takes an effort to surmount the substantial denial about death in our culture, despite its very real presence. Without being able to face the fact of our inevitable end, we are unable to plan for what will happen to our assets—and our intentions for the world—toward the end of life and after we are gone.

All it usually takes to move us from denial to action is the loss of a close friend or relative who has yet to pass on their values or their wishes or who leaves a messy or puzzling patchwork of unresolved relationships and difficulties. It is a shame to leave those we love without direction or security, when a few hours of careful planning and execution can make a world of difference. The great thing about estate planning is that it can also wake us up to many lifetime possibilities:

• Long-term visioning and planning with family and loved ones

• Fulfilling dreams

• Facing realities

• Setting new goals

• Releasing fear

• Deepening intimacy or clarity with our friends or loved ones

• Propelling long-term efforts by some of the nonprofits or the leaders we count on

• Giving and investing with new objectives and spirit

• Working at a new level of teamwork with trusted advisors

• Considering gifts in our lifetime and beyond to nonprofits and people we love.

• In short, what seemed initially something to avoid can become an expression of our values and one of the most creative activities we do! Estate planning is part of actualizing a lifetime of love, commitments, and ideas.

In particular, we must take time to work intergenerationally. Estate planning is a gift for all generations; done well, it can transform each person and organization involved and become the avenue of greater generosity and a better world.

No matter where you are on the income or asset scale, being intentional with how you use your social and financial capital during your lifetime and after it are part of your story and your personal mythology. For the sake of your heirs, for your own dreams, and for humanity at large, you want to have as great an impact as you can. That is why your approach to your giving is as important as your civic responsibilities of birthright, voting, and achieving all you hope to with your family and community.

Wills, Trusts, And Estate Planning

Even if you have current and updated wills or trusts, prioritize your intentions, get to work on what is still unresolved or incomplete, and communicate about your legacy. If you have yet to engage this part of life, consider starting now, even if you are in your twenties or thirties, to begin “with the end in sight.” We have a lifetime to learn and grow and accomplish our vision for a better life and a better world. Your best source of advice and information is an experienced South Salt Lake Utah probate lawyer.

Many people feel they are too young to be doing estate planning. If you’re one of them, here’s an assignment that might stimulate your thinking: consider what you would say to your real or imaginary family of younger relatives and community members at your ninetieth birthday. What would your shared wisdom be? What values would you want to encourage in others? What will have been your achievements, lessons learned, and wisdom for the next generation? If you’re really brave, you might even consider what you would like your obituary to say about what you accomplished or left behind for the world. You are never too young for estate planning. Remember as your circumstances change as you get older, you can always modify or change your estate planning documents. An experienced South Salt Lake Utah probate lawyer can help you change or modify your estate planning documents at a later stage in life.

In fact, it is a privilege to consider our legacies for the world and our families. But without careful planning, we cannot be assured that any of our intentions will be fulfilled. Let it therefore be our moral responsibility to do all we can to be intentional and to focus steadily on turning our plans into decisions and documents for others to implement. It is a way for us to share in solving the challenges of our times.

Estate planning encompasses all your previous planning, including finances, giving, and your estate. It prepares for the intentional passing on of your social, financial, and wisdom capital for the benefit of your beloveds and future generations. For planning to become inspired, we must consider the whole of our lives, including our spiritual beliefs; our financial obligations; and our family, community, and global needs as well.

Probate Planning

Much of what we learn from our family money mentors and financial advisors is about planning conservatively with care, or “prudent estate planning.” In this chapter we explore what we call “inspired estate planning”—planning that goes beyond mere prudence to be responsive to what is highest and best in us. An inspired legacy plan includes a prudent plan but moves to higher ground, taking into account our family values, virtues, and vision and what we want to do for others. An inspired plan makes sure our family is well taken care of but also supports you in creating a lasting positive impact on your community and the causes you care about. Even if you have no heirs, estate planning is best done with some family members or friends. For those without remaining family of origin, consider your chosen family or friends in this process. Best practices in philanthropy have taught that in order to be fully “inspired” and have lasting influence, inspired giving decisions—and inspired legacy decisions—should be informed and ideally shared by some representatives of the constituencies we aim to serve. If you truly want dynamic impact, begin by having the beneficiaries in mind and by bringing them into your planning process. Imagine what excitement there can be if you engage as co-designers those who you hope will fulfill your dreams.

There are several benefits to planning your legacy. First, you will have the satisfaction and security of knowing that you have a prudent plan that will provide enough income for you, your spouse or partner, and your heirs. Your needs and wants will be met. Second, you will also have an “Inspired Plan,” one that goes beyond “enough for us” to abundance in the life you live in community with others. Third, as you develop a process that is true to your ideals, your experience in planning with your advisors should be positive, uplifting, meaningful, and effective— not a cold, dry process only but one that is joyous, creative, and fulfilling. Before you begin inspired estate planning, then, you want to have a prudent plan in place. A prudent plan makes sure that there is “enough,” whatever enough means to you, for you, your spouse or partner, and your heirs or children, whether you live to a very old age, die prematurely, become ill or disabled, or retire. A prudent plan generally has the following elements:

• Cash flow and budgeting: makes sure you have enough for current expenses and that you are saving for the future

• Retirement: provides enough for you and dependents if you live to normal life expectancy and work until retirement

• Education funding: provides for education of your children, if applicable

• Disability: insures that bills can be paid even if you are disabled

• Life insurance: provides enough to care for those left behind

• Investments: provides a balanced portfolio adjusted for your risk tolerance

• Income tax: minimizes income taxes or has you pay what you may deem fair

• Property and casualty: protects against property and casualty losses

• Liability coverage: protects against lawsuits and claims of creditors

• Estate plan: includes a will that has been updated or reviewed in the past three years and leaves the right assets to the right recipients in the right way:

Includes powers of attorney and health directives

Includes something personal from you as a final note or testament conveying thoughts and feelings for those you love
Provides details of your end-of-life wishes

Charitable Estate Planning

The portion of an estate plan that includes charitable gifts can take many forms and offers many creative alternatives benefiting both donors and recipients. For example, charitable estate planning vehicles such as charitable remainder trusts. Charitable estate planning is a complex, creative, and highly technical field that a competent estate lawyer, financial advisor, and certified public accountant can help you with. Many people, especially those with sizable assets, find that lawyers and tax accountants do not take the initiative to suggest charitable estate planning options. They will not know your heart, your passion, or your vision of a better world unless you tell them. You don’t need to become an expert yourself in the tools and techniques of planning, but you do need to convey your goals and priorities to your experienced South Salt Lake Utah probate lawyer so that he can create a plan that reflects your ideals as well as your prudent concerns. Learning to speak a little of the lawyer’s language also helps you achieve an optimal outcome. Your local university, hospital, public or community foundation, or any other large nonprofit institution cultivating donors probably offers charitable estate planning workshops, with no obligation that your estate plans include them. An experienced South Salt Lake Utah probate lawyer can help you with charitable estate planning.

It is very important that your will be as specific as possible (whether in a letter or more formal document or in audio form) so that those executing your estate understand your charitable intent. Giving specific designations or examples of what kinds of projects or geographic limitations you have in mind for your charitable bequests is an important part of your estate planning.

Your giving is likely to be more successful if you work with an experienced South Salt Lake Utah probate lawyer to know and understand your spending, your cash flow, and the creative and wise timing and uses of your assets.
Choosing an experienced South Salt Lake Utah probate lawyer who is knowledgeable and has a great reputation is essential. You should look for an experienced South Salt Lake Utah probate lawyer who shares at least some of your values, communicates effectively, and honors and adds value to your work as a donor. Giving takes time and care; it also requires clear, realistic goals and patience. With a carefully drafted estate plan in place, it will be easier for you to relax knowing well that your estate will be distributed according to your wishes after your death.

South Salt Lake Utah Probate Lawyer Free Consultation

When you need legal help for a probate in South Salt Lake Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help with Estate Planning. Avoiding Probate. Last Will and Testament. Living Trusts. Asset Protection. Charitable Planning. Health Care Directives. Powers of Attorney. Probate Litigation. And Much More. 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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from Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-south-salt-lake-utah/

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