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Ogden Trial Attorneys Law Blog

Should a living will be part of your estate plan?

Anyone can benefit from having a complete estate plan in place, but no two estate plans should be the same. What you need to include as part of your plan depends largely upon your goals, you needs and your objectives for your estate.

Many in Utah do not know that estate planning is about more than just deciding what will happen to your money and assets after you pass away. You can actually include elements that will allow you to control your health care and medical needs in case of incapacitation in the future. One of the ways to do this is by drafting a living will as part of your complete plan. 

Why should you try to mediate your child custody issues?

Perhaps the sting of the end of your marriage is still sharp. Even so, you and the other parent have children, and a child custody agreement quickly becomes a priority. You know that you need to get this issue worked out in order to provide some security and continuity for your children.

However, you may have a hard time seeing yourself sitting down with your estranged spouse to work out an agreement and create a parenting plan. Regardless, some compelling reasons for mediating your child custody issues may exist.

Does your business have an employee handbook?

If your company does not have an employee handbook, and you have employees, you may want to consider creating one. An employee handbook serves several purposes, the least of which is to communicate to your employees what you expect of them and what they can expect of their employer.

Moreover, it could provide your business with some measure of security should an employee file a complaint. Everyone within the company needs to understand what constitutes unacceptable behaviors, know how the company handles any complaints and understand the consequences of violating company policies.

Have you considered appointing power of attorney agents?

You and many other Utah residents may think of estate planning as a way to detail who should get your property after you die. However, estate planning also has many other purposes. In fact, the information you put into your estate plan could go into effect before your death under certain circumstances.

Preparing for the unexpected

Is eminent domain an eminent challenge to your property rights?

While the thought may seem impossible, there are certain situations in which the government can come in and take your Utah property. It's called eminent domain, and it could be an eminent threat to what you believe are your rights to your property. When eminent domain is an issue, you do have grounds to challenge the efforts of the government, but you would be wise to seek help to do so. 

Eminent domain comes into play when the government needs to take property for expansion, infrastructure needs or public use. The government does have the right to practice eminent domain per federal and state laws, but you have rights as well. In order to confiscate privately owned property, the government must pay fair compensation to the owner.

Now is the time to think of the future of your business

Where do you see yourself in 10 or 20 years? Do your plans include retiring, traveling and reaping the benefits of your decades of hard work? Perhaps you, like many other business owners, see yourself passing your company on to your children and watching them take it in new and exciting directions.

No matter your specific goals for the future, the bottom line is that you aren't likely to get there without some thoughtful planning. In fact, even if you have only recently started your business, a succession plan is something it is never too early to consider.

Nesting is a new fad for parents seeking custody alternatives

Your divorce likely threw your family into the kinds of turmoil you never imagined. As gently as you tried to break it to the children, they each reacted differently as they processed the news and considered its implications.

Despite your differences, you and your ex-spouse continue to be parenting partners, and you want the best for your children. Perhaps the two of you are trying to come to custody arrangements on your own to minimize the impact on the children. One concept about which you may have heard is the idea of nesting.

Fighting back against the high cost of construction defects

When a construction project does not go as planned, it can cost a significant amount of money and cause lengthy setbacks. Often, construction defects are not apparent until later, leaving the occupant of a newly constructed home to deal with the inconvenient or costly repercussions. 

Litigation related to construction defects is complicated. It is not an easy task to hold liable parties accountable for the problems and issues caused by shoddy construction, poor quality building materials or simple errors, but it is possible. When facing this type of legal dispute, you would benefit greatly from experienced guidance to help reach a reasonable resolution to your concerns.

How can I fight a DUI charge?

As of earlier this year, Utah now has the toughest DUI laws in the country. The lowering of the acceptable blood alcohol concentration level made national headlines. By making a law change like this, this means one of two things. Either more people will face DUI charges, or it will serve as a deterrent for drinking and driving.

Have you recently been charged with driving under the influence of alcohol? Fighting your case is not going to prove easy. However, with help, it is possible to achieve the best outcome possible.

Do you have an employee on the firing line?

If you had to rank your duties as a manager or business owner from favorite to least favorite, you would probably place firing employees near the bottom of the list. You can never predict how an employee will respond when told of a job loss. If this is not your first experience at termination, you may have witnessed every reaction from crying and begging to shouting and threatening a lawsuit.

Letting a worker go, even a worker who is not contributing to the success of the company, can be a difficult and stressful job. You may find yourself trying to come up with excuses to justify the firing or to soften the blow. However, the state of Utah says you do not have to have a reason for firing someone.

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