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Archive for April, 2010|Monthly archive page

Utah Estate Planning: How an Attorney Can Help You Prepare

In Utah estate planning on April 30, 2010 at 4:25 am

Life Insurance agents report that one of their greatest challenges is getting people to confront their own mortality.  Whether young or old, whether they have children or not, many people do not savor the idea that they are not going to live forever and are reluctant to make preparations for that eventuality.

It should go without saying, but the death of a loved one, a parent, a spouse, or even a business partner brings with it dramatic changes of every variety.  How is the surviving spouse going to meet expenses?  What will happen to the house?  Who will take care of the children?  What happens to your bank account?  What about the rest of your assets?  What kind of taxes are involved?  What about your pets?

In the business world, the concerns are just as numerous.  What will happen to your business?  Who will run things?  What happens to your stock?  Did we mention taxes?

Utah probate law deals with the issues pertaining the administration of one’s estate after that person’s death.  There are many Utah estate planning attorneys in Utah who are skilled at estate planning and help their clients find answers to all of these questions before they become an emergency.  Whether you need help creating a will and testament or a living trust, many people have received the estate planning they need at one of Utah’s legal firms.

Some of the most common estate planning tools in Utah are the will and testament and the living trust.  A will and testament is a document, which must be signed and witnessed, that identifies the person who will administer an estate and identifies which individuals or organizations will receive property from the estate.  While a will can legally be drafted by anyone of sound mind over the age of 18, a skilled attorney can help their clients avoid pitfalls, guarantee that all legal requirements are met, and ensure that the testator’s wishes are actually reflected in the will.  The more complex your estate, the more you will benefit from the assistance of one of Utah’s expert estate planners in drafting your will.  While you probably won’t ever see the effects of inadequate drafting, a poorly written will can create confusion, frustration, and bitter disputes after your death.

Another common tool used by Utah’s estate planners is the living trust.  A living trust is created while the property owner is alive and can be advantageous in reducing tax liability, managing financial privacy, and controlling the use and disposition of property both during and after the owner’s life.  Assets in a living trust avoid the process of probate.  Therefore, with the help of an attorney, one can create a living trust while alive that will determine the use, the beneficiaries, and the trustee of his or her property all while limiting tax liability of his or her estate at death.

Many Utah legal firms specialize in Utah will and trust estate planning and handle estates of all sizes and complexity.

What are Utah Personal Injury Attorneys Trying to Prove?

In Utah personal injury attorney on April 21, 2010 at 9:08 am

Utah personal injury law deals with physical, mental, or emotional injuries suffered by an individual due to the negligence of another party.  These types of injuries are recognized by the law and, when the necessary negligence is shown, can result in the awarding of money damages to the injured party.  So what exactly are these attorneys trying to prove?

A Utah personal injury attorney may handle cases in a number of subcategories, the most common of which are traffic accidents, Utah products liability, and Utah medical malpractice.  In each type of case, the plaintiff suffers an injury due to the defendant’s negligence.  However, the defendant’s negligence takes different forms in each type of personal injury case.

Traffic accidents happen in Utah every day.  When we drive our cars, not only are we expected to conform to Utah’s traffic laws, we have a duty to exercise reasonable care.  This means that even if the speed limit is 65, if there is snow on the ground, reasonable care dictates that we drive more slowly than the speed limit.  Often, failure to obey traffic laws is evidence of a lack of reasonable care, but if a driver causes an accident though he or she hasn’t broken any traffic laws, the personal injury attorney’s job is to prove that the driver did not exercise reasonable care and that that lack of care caused the plaintiff’s injuries.  Injuries from traffic accidents can be severe, and courts can award damages to compensate a plaintiff for the cost of treating injuries as well as the personal or emotional cost of the injury itself.

In Utah, products liability cases arise when a company designs, manufactures, or otherwise introduces a product into Utah’s stream of commerce without taking the necessary care to ensure that the product is reasonably safe.  In a products liability case, the personal injury attorney’s job is to prove that the plaintiff was injured because someone introduced a product that was unreasonably dangerous due to a flaw in design, manufacture, or in providing proper labels or warnings.  As with a traffic accident, injuries suffered due to defective products can be severe, and a successful plaintiff can be awarded damages by a Utah court to compensate them for that loss.

Finally, many Utah legal firms litigate medical malpractice claims that arise from injuries suffered due to inadequate or incompetent medical care.  Medical professionals have a duty to exercise reasonable care and professional competence when treating patients.  When a medical treatment goes wrong due to medical malpractice, the results can be catastrophic.  Utah personal injury attorneys working in the medical malpractice field must prove that a health care provider failed to provide care that is consistent with the standard of care that is typical in the state of Utah and that an injury resulted from that substandard care.

Utah legal firms have some of the finest personal injury attorneys in the country.  These attorneys handle cases arising from all kinds of negligence, whether traffic accidents, products liability, or medical malpractice.  Victims of these types of negligence have rights and may successfully prosecute their claims in court.

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