Correcting Errors In NICS Background Check

Utah state law does not restrict the use of official background checks for employment, housing, or loans. Utah follows the federal laws established through the Fair Credit Reporting Act, the Equal Employment Opportunity Commission, and the Federal Trade Commission. Utah is a ban the box state, but only for public employers. Private employers may request information about arrests and convictions provided they remain within the guidelines established by federal law.

Unofficial background checks can be useful for finding out about the character of Utah residents, but cannot be used for employment decisions, tenancy, or loans. Utah residents can get unofficial background checks by accessing law enforcement and court records on line or in person to find out about:
• Neighbors
• Friends
• Romantic interests
• Members of the Church
• Family
Utah Public Records Act and Laws for Background Check

Government Records Access and Management Act (GRAMA)

Utah’s public records act is called the Government Records Access and Management Act (GRAMA). many documents are public information in Utah, including conviction records, civil and criminal court cases, DUI convictions, and many other related documents. Utah makes all state and local government documents publicly accessible, which includes meeting minutes, decisions made by governing boards, and other processes through state agencies public information. Utah conducts background checks for state convictions through the Utah Department of Public Safety. Official background checks in Utah follow the federal guidelines established by the FCRA and EEOC. Additional restrictions on who may access data and how the data can be used are included in state law, but largely allow most private employers to use criminal background checks for hiring purposes.

Can you get a Free Background Report in Utah?

Official state background checks are not free in Utah. Utah uses both name-based and fingerprint-based background checks, depending on specific circumstances.

Individuals seeking background information for unofficial purposes can access records in person at local courts, or can access documents online through Utah’s public fee-based portal. Utah restricts the access of background checks through the Bureau of Criminal Information. under state law in Utah, an employer may not directly request a background check on an individual. Rather, the individual is required to obtain a background check on themselves and submit the results to the employer. This procedure can be accomplished through the BCI website.

Utah Data Repository

Individual courts and state agencies are responsible for maintaining public document records in Utah. Court cases more than 50 years old are retained in the Archived Court Record. Records are available in person or by online or mail-in request. Utah restricts the types of jobs that require a background check. In most cases, an employer in Utah can request that an applicant submit a records check for criminal conduct, but must ensure that convictions would prevent the employee from safely or legally performing the job.

Under the Utah Selection Procedures Act, employers are prevented from inquiring about social security numbers, driver’s license information, or date of birth in almost all cases.

• Childcare – Utah requires any person involved in childcare, whether as an employee or a volunteer, to undergo both FBI and BCI background checks. BCI and FBI background checks may be provided directly to the employer. Unofficial background checks can be conducted in person at the relevant court or law enforcement station.

• Education – Applicants to positions that deal with education will be required to undergo a fingerprint-based background check. Background checks may be provided to the employer directly.

• Finance– Applicants and employees in the financial sector are required to undergo criminal background checks through the BCI and FBI using fingerprint-based inquiries. BCI and FBI may submit results directly to financial institutions.

Most private employers in Utah may not request a background check to be conducted on an individual through a third party or through official channels. Instead, employers must request that applicants generate background checks themselves and provide a sealed copy to the employer.

Firearm Background Checks Utah

Utah uses state and federal fingerprint-based background checks for all gun sales through licensed dealers. Utah does not have state laws requiring background checks at gun shows and does not prohibit private sales of firearms. A permit to conceal carry is required and necessitates an FBI and BCI background check.

Utah Gun Laws

Utah has fairly permissive laws related to firearms. The state does not impose a waiting period for either hand guns or long gun purchases by residents of the state. Utah prevents private sales to felons when the seller knows the individual is not allowed a firearm. The state of Utah does not require a permit for gun ownership or sales but does require a permit for concealed carry of weapons; there are some legal peculiarities about whether a weapon must be permitted if it is unloaded or more than two actions from being fired. Background checks may be made by law enforcement when applying for a concealed carry permit.

Utah Criminal Background Checks

Background checks for criminal history is a frequent benchmark for many sorts of applications, including those who seek to immigrate into the country, those who wish to adopt a child, those who want to join the service, those who are applying for a job, and those who wish to work with or volunteer in a place where children or the elderly are housed. Getting a copy of your criminal background record is helpful to understand what employers or recruiters will be looking at and to correct any errors or omissions (such as incomplete records).

DUI Penalties and Statistics in Utah

The strict religious people in the state of Utah support a new law that would elevate the state among the toughest in the nation on Driving Under the Influence (DUI). A new law set to begin in 2018 would lower the threshold for DUI from .08 to .05 blood alcohol content. A survey of state DUI laws showed Utah with the harshest “preventative” measures but not the toughest criminal penalties for DUI, landing it in 8th place overall. In 2014, Utah law enforcement made more than 10,000 arrests related to DUI, which was responsible for 29 percent of motor vehicle fatalities in 2015, costing more than $44 billion a year. Utah is known for its large Mormon (The Church of Jesus Christ of Latter-day Saints) population, which comprises more than half of the adults in the state. Mormons do not drink alcohol. Legislators are apparently making slight revisions to the law to loosen requirements on DUI when related to certain activities like hunting. The penalty for DUI in Utah is generally a misdemeanor (discounting any moving violations or other related crimes), including 48 hours in jail (mandatory), fines up to $1,800, required community service, prohibited from getting a concealed carry permit for firearms, and a 120-day license suspension. The charge rises to a felony on the third DUI arrest within 10 years.

Felony Sentences in Utah

Those who are convicted of felonies are generally penalized for life in the following ways: they are not allowed to own or possess firearms, they may not vote or run for public office, they may not join the armed services without a special waiver, and they are unlikely to be allowed to live in subsidized public housing. If there are felonies in your background, you may request to have them expunged or sealed by the state. The list on this page shows which felonies are eligible for expungement – generally none that are violent or recent.

What Criminal Background Report in Utah includes?

Most criminal records retained by the state of Utah will be included in a background check. Utah allows reporting of arrests, convictions, and sentencing.

Are Public Criminal Records included in a background check?

Virtually all records generated by a state agency or law enforcement department will be retained as public documents in Utah and can be accessed by the public in person or by paid request online or through the mail.

Which Court Records Are Public in Utah?

Claims, convictions, and sentencing reports make up the bulk of the public documents available through official background checks. Sealed and expunged records are not public. In most cases, arrests that do not result in a conviction will not be reported. Juvenile records will not be reported unless the individual was convicted of a serious crime and tried as an adult.

What arrest records would show in a background report?

Common documents that are included in official background checks can often be obtained by members of the public through unofficial channels, like visiting a courthouse in person and requesting documents.

• Warrants – Active warrants will be reported on official state background checks. Individuals can contact local law enforcement in Utah to unofficially determine a warrant status.

• Dui – DUI convictions will be reported by official background checks. In most cases, members of the public can find out if they have a conviction for DUI on their record by contacting the local Department of Motor Vehicles or local law enforcement.

• Drug / Marijuana – Marijuana is heavily regulated in Utah. Convictions for possession or sale will be reported on a criminal background check. Utah is a medical marijuana state. Convictions can be unofficially found through the Utah courts online, in person, or by mail.

• sex offender – Convictions for sex-based crimes will be reported on official background checks. Individuals can investigate whether a person is a registered sex offender through the sex offender registry.

• Parole/Probation – Convictions that result in sentencing of parole or probation will be reported on an official background check. Individuals can check for criminal convictions through the Utah Department of Corrections.

• Mugshots – Photos, including mugshots, that are included with a court file will be available through a background check. Some local jurisdictions will provide copies of mugshots on request.

• Juvenile – Some juvenile records may be accessible by state agencies, but typically will not be included in an official background check unless the individual was convicted of a crime as an adult.
What if the information is incorrect on a Utah background check?
Errors of information reported on official or unofficial background checks can be requested to be corrected through the Utah BCI.

Your firearms rights can be denied based upon certain convictions (especially domestic violence, felonies, and drug crimes), the existence of civil protection orders, and other incidents in your past. If you choose to ignore the firearms disability, you are risking criminal prosecution and up to ten years in prison. However, there are often legal processes in place to restore your lost gun rights. Please contact our lawyers if you have reason to believe that you are prohibited from possessing firearms, and are interested in regaining your Second Amendment rights.

You may be deemed to be under a federal firearm disability, and therefore barred from buying a firearm, if any of the following factors apply to you:
• Convictions in any court of a crime punishable by imprisonment for a term exceeding one year (Felonies)
• Fugitives from justice
• Unlawful users of or addicts to any controlled substances
• Those adjudicated as a mental defective or who have been committed to a mental institute
• One, being an alien, is illegally or unlawfully in the United States or have non-immigrant visas
• Dishonorable discharge from the Armed Forces
• One who has renounced their citizenship
• Subject to a protection order*
• Convicted of a misdemeanor crime of domestic violence

Protection orders include orders issued during court hearings. This includes agreed entries during a divorce or dissolution whereby an order is entered in the record for a party to refrain from harassing, stalking, or threatening, or other language that restrains one from conduct that would place an intimate partner or their child in reasonable fear of bodily harm. Any gun owner who has purchased a firearm from a licensed dealer is very familiar with the ATF form 4473 – the extensive background questionnaire that is required by federal law. Unfortunately, though the background check program is very good, it is not foolproof. If you have been improperly “denied,” or “delayed,” there are legal ways to find and correct errors in your NICS criminal record. Let us help you “clear your name” and resolve those problems.

There are many reasons why one’s criminal background check could have errors or omissions.

Correction of erroneous system information.

• An individual may request the reason for the denial from the agency that conducted the check of the NICS (the “denying agency,” which will be either the FBI or the state or local law enforcement agency serving as a POC). The FFL will provide to the denied individual the name and address of the denying agency and the unique transaction number (NTN or STN) associated with the NICS background check. The request for the reason for the denial must be made in writing to the denying agency. (POCs at their discretion may waive the requirement for a written request.)

• The denying agency will respond to the individual with the reasons for the denial within five business days of its receipt of the individual’s request. The response should indicate whether additional information or documents are required to support an appeal, such as fingerprints in appeals involving questions of identity (i.e., a claim that the record in question does not pertain to the individual who was denied).

• If the individual wishes to challenge the accuracy of the record upon which the denial is based, or if the individual wishes to assert that his or her rights to possess a firearm have been restored, he or she may make application first to the denying agency, i.e., either the FBI or the POC. If the denying agency is unable to resolve the appeal, the denying agency will so notify the individual and shall provide the name and address of the agency that originated the document containing the information upon which the denial was based. The individual may then apply for correction of the record directly to the agency from which it originated. If the record is corrected as a result of the appeal to the originating agency, the individual may so notify the denying agency, which will, in turn, verify the record correction with the originating agency (assuming the originating agency has not already notified the denying agency of the correction) and take all necessary steps to correct the record in the NICS.

• As an alternative to the above procedure where a POC was the denying agency, the individual may elect to direct his or her challenge to the accuracy of the record, in writing, to the FBI, NICS Operations Center, Criminal Justice Information Services Division, 1000 Custer Hollow Road, Module C-3, and Clarksburg, West Virginia 26306-0147. Upon receipt of the information, the FBI will investigate the matter by contacting the POC that denied the transaction or the data source. The FBI will request the POC or the data source to verify that the record in question pertains to the individual, who was denied, or to verify or correct the challenged record. The FBI will consider the information it receives from the individual and the response it receives from the POC or the data source. If the record is corrected as a result of the challenge, the FBI shall so notify the individual, correct the erroneous information in the NICS, and give notice of the error to any Federal department or agency or any state that was the source of such erroneous records.
• Upon receipt of notice of the correction of a contested record from the originating agency, the FBI or the agency that contributed the record shall correct the data in the NICS and the denying agency shall provide a written confirmation of the correction of the erroneous data to the individual for presentation to the FFL. If the appeal of a contested record is successful and thirty (30) days or less have transpired since the initial check, and there are no other disqualifying records upon which the denial was based, the NICS will communicate a “Proceed” response to the FFL. If the appeal is successful and more than thirty (30) days have transpired since the initial check, the FFL must recheck the NICS before allowing the sale to continue. In cases where multiple disqualifying records are the basis for the denial, the individual must pursue a correction for each record.

• An individual may also contest the accuracy or validity of a disqualifying record by bringing an action against the state or political subdivision responsible for providing the contested information, or responsible for denying the transfer, or against the United States, as the case may be, for an order directing that the contested information be corrected or that the firearm transfer be approved.
• An individual may provide written consent to the FBI to maintain information about himself or herself in a Voluntary Appeal File to be established by the FBI and checked by the NICS for the purpose of preventing the future erroneous denial or extended delay by the NICS of a firearm transfer. Such file shall be used only by the NICS for this purpose. The FBI shall remove all information in the Voluntary Appeal File pertaining to an individual upon receipt of a written request by that individual. However, the FBI may retain such information contained in the Voluntary Appeal File as long as needed to pursue cases of identified misuse of the system. If the FBI finds a disqualifying record on the individual after his or her entry into the Voluntary Appeal File, the FBI may remove the individual’s information from the file.

Firearms Attorney Free Consultation

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

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

Ascent Law LLC

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FMCSA Lawyer

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FMCSA Lawyer

Because commercial trucks are larger and heavier than other vehicles, the Federal Motor Carrier Safety Administration (FMCSA) established guidelines for the trucking industry to protect everyone on the road. When a truck driver, trucking company, or truck manufacturer violates these safety regulations, it can lead to serious accidents and injuries.

Repair and Maintenance

Trucks must be maintained on a regular basis, and trucks that are in disrepair could be dangerous and in violation of FMCSA regulations. These trucks may fail on the highway and harm other drivers.

Weight Limits

All trucks have maximum weight limits, but trucking companies sometimes exceed them to increase profits. Trucks that are too heavy can be difficult to slow down or turn, which can lead to serious accidents.

Licensing and Driver Testing

Driving a big truck can be difficult without proper training and experience. Trucking companies may hire inexperienced and unlicensed drivers to save time and money, but these drivers may be more likely to injure other people on the road.

Safe Driving Behavior

Truck drivers must follow the same rules of the road as other drivers, such as obeying speed limits, keeping their eyes on the road at all times, and stopping at stop signs. When truck drivers break these laws, the consequences can be deadly. It’s the truck driver’s and trucking company’s responsibility to always place safety first. If any industry regulations were violated in your accident, they may be held accountable for your damages.

FMCSA Violations and Truck Accidents

Truck drivers and the companies that employ them are required to follow strict regulations put in place by the Federal Motor Carrier Safety Administration (FMCSA). These rules ensure that trucking companies maintain suitable safety standards to protect all drivers and passengers on the road. Any trucking accident can result in serious injuries and death to those involved, and accidents that occur because of FMCSA violations are usually avoidable. If you have been injured in a trucking accident, the physical, financial, and property damage that you face is often serious. Reach out to Ascent Law LLC to learn how we can fight for you.

Commercial Drivers License Required By FMCSA

Commercial truck drivers must obtain special licensure in order to legally be allowed to drive a commercial motor vehicle. In order to obtain this license, drivers must complete an assessment of knowledge and skills. Further testing may be required for applicants who plan to operate a truck with multiple trailers, a tank, hazardous materials, or a passenger vehicle. Any violation of safety standards and regulations could result in a driver’s loss of their commercial license and penalties for the trucking company.

FMCSA REGULATIONS

In addition to obtaining the proper training and licenses, drivers must meet certain physical standards in order to be eligible to drive.
• Fatigue: To be in compliance with FMCSA regulations, drivers are prohibited to drive for over 11 consecutive hours. Additionally, drivers must rest for 10 hours between shifts. These rules are meant to protect drivers from becoming tired on the road and endangering themselves and others.
• Sobriety: Being under the influence of alcohol or drugs is a violation of safety standards and could result in the loss of a drivers commercial license.

Driving Behavior

To ensure the safety of others, commercial vehicle drivers must avoid these behaviors while behind the wheel:
• Excessive Speed: Commercial motor vehicles are unable to stop as quickly as smaller vehicles. The mass and momentum of a speeding truck can cause serious damage in an accident.
• Distracted Driving: Truck drivers should remain focused on the road at all times to avoid encroaching on other lanes and potentially causing serious collisions.
• Aggressive or Reckless Driving: Commercial vehicles pose an inherent risk to other vehicles on the road when driven safely, so when a driver displays aggressive or reckless behaviour they are far likelier to cause injury or death to others on the road.

Truck Condition

Proper loading and regular maintenance are both important factors in properly securing a commercial vehicle.
• Weight: Each truck has a maximum weight limit that it can safely handle. Attempting to carry cargo that exceeds this limit can put undue pressure on the vehicle, causing an accident.
• Maintenance: Damaged or under maintained commercial vehicles should not be operated. Depending on a driver’s employment arrangement, their company may be responsible for servicing their vehicle.

FMCSA Regulations Attorney

Commercial trucking is a giant and extremely important industry in the United States. With millions of registered commercial vehicles on the roads, it is critical that this industry has strict safety standards, especially since these large vehicles have the potential to causes devastating crashes. The Federal Motor Carrier Safety Administration (FMCSA) was established as the federal agency with the power to enact and enforce a number of laws regulating the trucking industry, known as the Federal Motor Carrier Safety Regulations (FMCSRs).

FMCSRs That Often Apply to Truck Accidents

While there are hundreds of different FMCSRs, there are some whose violations are commonly involved in causing truck crashes. The following are some examples of regulations that, when violated, can cause accidents and injuries.
• CDL requirements: The FMCSA sets out very strict requirements for someone to obtain their commercial driver’s license (CDL). Individuals must have active knowledge of a variety of topics including:
 The regulations that must be followed when driving a commercial vehicle;
 How to operate the truck when backing up, shifting, at night, and in emergency situations;
 Required inspections of the truck;
 How cargo can affect their control of the truck
 Driving in hazardous conditions.
Individuals must pass a written test, as well as a driving test and must be medically cleared as healthy enough to drive a truck before they can receive a CDL.

• Hours Of Service: Fatigued driving became a huge problem in the trucking industry because drivers would spend long hours on the road often foregoing sleep in favour of earning more money. Because of the serious risks of fatigued driving, the FMCSRs regulate the number of hours and days a driver can operate a commercial vehicle.

• Adjusting driving in hazardous conditions: While a speed limit may be 60 miles per hour, driving a commercial truck at the speed limit can become exceedingly dangerous in adverse weather conditions. If a driver is experiencing snow, ice, fog, or even rain, the FMCSRs demand that they slow down and use extreme caution when driving in hazardous conditions.

• Drug and alcohol testing: The FMCSRs set the legal limit for alcohol for commercial drivers at 0.04 percent blood alcohol content (BAC), which is half the legal limit for other drivers. Because of the extreme dangers of driving a commercial truck under the influence of alcohol or drugs, the regulations also require that trucking companies conduct random drug and alcohol testing on drivers and discipline any drivers who fail these tests.

Federal Motor Carrier Safety Administration Safety Rules for Big Trucks
Big commercial trucks travelling in interstate commerce that weigh over 10,000 pounds or carry hazardous materials are regulated by the Federal Motor Carrier Safety Administration (FMCSA) and also by the United States Department of Transportation (DOT). Many states have same or similar rules for commercial trucks that are local carriers involved in intrastate commerce. Interstate trucks have to follow strict federal rules regarding:
• Maintenance;
• Inspections;
• Securing loads;
• Maximum load weight;
• Testing for Alcohol & Other Drugs;
• Medical certification;
• Vehicle Type-Specific Training; and
• Keeping accurate driver logs.

The rules allow the FMCSA to monitor whether drivers and trucking companies are abiding by safety standards. FMCSA conducts roadside and other inspections to ensure driver and trucking company compliance, or to try and catch instances of non-compliance before unsafe driving and other violations lead to more tragedies. Despite the inspections, truckers and truck companies continue to violate commercial truck regulations as the recently published (April 2016) FMCSA Large Truck and Bus Crash Facts brochure shows. According to recently released statistics, there were 3,903 people killed in large truck/bus crashes in 2014 alone. Of this number, 672 fatalities were occupants of a large bus/truck. 3,331 of the victims were in other vehicles such as light trucks, cars, motorcycles, etc. or were non-motorists such as pedestrians and bicyclists.

FMCSA statistics show frequency of Commercial Driver License (CDL) Driver error as a causative factor(s) in a fatal crash. According to these statistics, drivers who were involved in fatal crashes were:

• Speeding
• Distracted
• Impaired
• Failure to yield right of way
• Failure to keep in proper lane
• Careless driving
• Operating without proper equipment
• Following improperly
• Failure to obey traffic signs, rules, officers
• Failure to obey traffic control devices
• Failure to obey safety zone laws
• Overcorrecting
• Making improper turn
• Erratic, careless, reckless, negligent driving (FMCSA terms used to describe)
• Noncompliance with physical or other restrictions
• Overloading/improper loading of vehicle
• Tire blowout or flat
• Improper passing

Additionally, 111,000 people were injured in crashes involving large trucks. Of that number, 10,000 were children.

Proving Negligence against Commercial Vehicles Drivers and Companies
No matter how negligent a CDL driver was in causing your accident their insurance company will be aggressive in denying liability. As soon as their insurance company hears about the accident involving one of the commercial vehicles they insure, they will send a team of skilled truck accident scene investigators out. This is true in all cases even when the truck driver is not at fault, and it is especially true if the collision was serious or involved serious injuries and fatalities. The insurance company’s investigation team is very aggressive in the steps they take to avoid any claims against their insured truckers. The insurance company’s accident scene investigation team will be there rapidly, and their job is to look for evidence which points the blame and liability away from the trucker or trucking company and to other vehicles and/or people involved. They may ask you questions, provided you are alive and conscious. Do not speak to anybody but police and emergency medical personnel. The insurance company will be relentless in defending their trucking company and its driver because these cases can and do cost them millions of dollars in claims per accident. If you are able, you should contact an experienced trucking accident law firm as soon as possible. You can bet the other side and their investigators will already be working aggressively to deny or reduce your claim.

Federal Trucking Regulations

The Federal Motor Carrier Safety Administration (FMCSA) is part of the Department of Transportation (DOT) and regulates the trucking industry in the United States. This administration provides rules that truckers are required to follow when working. Sometimes the details of a truck accident can be confusing since truck drivers are regulated by both the FMCSA and the state government. If you have been in an accident with a truck, FMCSA regulations will likely play a large part in your case. FMCSA provides many regulations for the trucking industry. Your truck accident lawyer must not only be familiar with DOT regulations for truck drivers, but must also know how the court, and the opposing lawyers, may interpret the regulations as they apply them to your case. Some of the things FMCSA regulations govern include:

• Minimum Insurance Coverage: Trucking companies must maintain a high amount of insurance coverage in order match their higher level of financial responsibility. This higher coverage is required since accidents with large trucks tend to be more destructive and deadly. The actual insurance minimums for a given truck may vary greatly depending on certain factors. For example, a truck may need a very large amount of insurance coverage if it is determined to be hauling hazardous materials.

• Driver Qualifications: Among other things, the FMCSA requires that drivers be 21 years of age, have a valid commercial driver’s license, and be proficient in English.

• Safety and “Fitness” Procedures: FMCSA reviews the safety, or fitness, of trucks themselves. After a review a rating is given to the truck, and if deemed safe it is then allowed onto public roads. The FMCSA gives direction to drivers and truck companies to improve any unsatisfactory safety issues.

• Inspection, Repair, and Maintenance: Frequent inspections and repairs and required to be routinely performed on any truck that goes on the road.

• Hours of Driving and Record Keeping: Drivers are not allowed to drive more than federal regulations deem is safe given the driver’s long-term schedule and the load being carried. Drivers are also required to keep strict and consistent records of their driving hours.

Your lawyer will have to navigate the many technical facts and processes of a lawsuit that involves state and federal regulations.

Proving Violations of Federal Trucking Regulations

After an accident with a large truck, your case may involve one or several large insurance companies seeking to reduce the liability of their insured. As your truck accident lawyers, we will work with you to show that the other driver was negligent, and that you were injured because of that negligence. It is common for truckers to violate FMCSA regulations. Violations may lead to truck crashes involving any of the following causes:
• Truck Driver Fatigue
• Truck Driver Error
• Trucking Wide Turn Accidents
• Trucking Blind Spot Accidents
• Truck Load Accidents
• Truck Equipment Malfunction
• Negligent Truck Maintenance
• Truckers Driving Under the Influence

FMCSA Lawyer Free Consultation

When you need legal help with transportation law, call an FMCSA Lawyer at Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Family Attorneys

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Family Attorneys

Divorce and all legal issues associated with this pivotal life event can be resolved through negotiation, mediation and dynamic representation in trial. Legal elements connected to divorce include custody, visitation and asset and property division. Your best legal support will come from a Utah family law attorney who has open communication with you and helps you to make important decisions with the information and insight you need. Family Attorneys in Utah can as well help you with a number of issues related to family law including, but not limited to:

• Asset and property division is a fair and just distribution of marital property and debts.

• Child Custody includes disputed cases. In sole physical custody the most able parent, best equipped to provide a safe, stable and healthy environment is selected. Visitation can be a part of this to help the noncustodial parent continue a relationship with the child.

• Shared custody means that both parents demonstrate the ability to cooperate and communicate in sharing responsibility for a child.

• Visitation involves the creation of comprehensive parenting plans suited to individual family circumstances. They protect your children’s well-being and your vital relationship with them.

• Child support Utah courts recommend that you consult an attorney about child support. This is because calculating child support can be very complicated. It’s possible to limit your consultation to this or other aspects of your case
.
• Protection orders are often necessitated when domestic violence is threatened. They may also be requested by a party seeking to gain an advantage in a custody dispute.

• Adoption and guardianship are alternatives that enable other responsible caregivers such as stepparents and grandparents the legal right to make important decisions regarding the welfare and protection of children.

• Paternity actions can be made on behalf of either a mother or father who chooses to take responsibility and seeks to claim custody or visitation rights.

• Prenuptual and Postnuptual Agreements can not only help protect assets, but it can also help clarify any debt issues. We live in a time when divorce is more common, it is always wise to be informed.

• Mediation is required by Utah Law for Divorcing Spouses

• Divorce Modification is the legal process of amending a divorce order issued by a court.

• Virtual Visitation is a broad phrase that refers to any use of technology that a parent uses to keep in contact with his or her child.

• Parental Kidnapping or parental abduction is defined as the concealment, taking, or retention of a child by his parent in violation of the rights of the child’s other parent or another family member.

• Grandparent’s Rights – Grandparents are heavily involved in child rearing in many families, sometimes as the primary caretakers.

Things Family Attorneys Can Do For You

• Handling Divorce Issues: Undergoing a divorce is probably one of the most draining experiences that a family can face. Emotions may set in and make it impossible for a couple to settle it calmly. In such a case, a family law attorney can act as a mediator, and assist them to approach the issue rationally and within the law. In other words, a competent family law attorney can assist couples in the process of divorcing to settle the matter fairly without necessarily going to court.

• Handling Estates and Wills: A will is a legal document through which people state how they would wish their property to be managed when they die. Family law attorneys are responsible for assisting people in drafting these documents. They also have what it takes to ensure that an estate is administered as stated by a deceased via the will.

• Handling Child Custody Agreements: When a couple separates, one of the most difficult issues to handle has to be what happens to the children. Couples need to agree on how to take care of the children they have had together in the new arrangement. Child custody is defined by an agreement in which both parents have to live with the terms therein. A competent family lawyer can help parents that are parting ways to draft such an agreement. A family law attorney can also help parents in amending child custody agreements if need be.

• Handling Prenuptial Agreements: A prenuptial agreement is a contract signed by a couple prior to a marriage or a civil union. Although the content of such a contract may vary from one case to another, its main aim is to spell out the provisions of spousal support and division of the property in the event of a breakup or a divorce. A family Attorney can assist a couple in drafting a prenuptial agreement and handling any matters that may arise from the contract according to the law.

• Represent Litigants in Court: Although family attorneys can help people to settle family disputes outside court, some of these matters still end up in the courts. In such a case, family lawyers are best suited to help litigants get justice. These attorneys handle such cases almost every other day, and therefore, they have the necessary legal knowledge and practical experience to help litigants to navigate the complex jungles of the family law and ensure that justice is served accordingly.

Family Law

Family law is a legal practice area that focuses on issues involving family relationships, such as adoption, divorce, and child custody, among others. Attorneys practicing family law can represent clients in family court proceedings or in related negotiations and can also draft important legal documents such as court petitions or property agreements. Some family law attorneys even specialize in adoption, paternity, emancipation, or other matters not usually related to divorce. States have the right to determine “reasonable formal requirements” for marriage, including age and legal capacity, as well as the rules and procedures for divorce and other family law matters. Prior to the Supreme Court ruling legalizing same-sex marriage, some states restricted marriage (and divorce) to opposite-sex couples only.

The following is a primer on family law and what it entails.

Family Law Terms to Know

o Emancipation: A court process through which a minor becomes self-supporting, assumes adult responsibility for his or her welfare, and is no longer under the care of his or her parents.

o Marital Property: Property acquired by either spouse during the course of a marriage that is subject to division upon divorce.

o Alimony: An allowance made to one spouse by the other for support during or after a legal separation or divorce.

o Paternity: Origin or descent from a father (to establish paternity is to confirm the identity of a child’s biological father).

o Prenuptial Agreement: An agreement made between a man and a woman before marrying in which they give up future rights to each other’s property in the event of a divorce or death.

Reasons You Should Hire a Family Law Attorney

Most family lawyers represent clients in divorce proceedings and other matters related to divorce. But family law is a relatively broad practice area, including such issues as foster care and reproductive rights. Since family law matters hit so close to home, having a trusted legal professional by your side can help you ensure your loved ones are properly represented and protected during any legal process.

The most common reasons to hire a family law attorney include:

• Divorce: Each partner hires his or her own attorney, who will help devise a settlement plan in order to avoid a trial. Divorce attorneys typically are skilled at dividing marital property, calculating spousal support, and proposing a plan for child custody, visitation, and support (if applicable).

• Child Custody / Child Support: Court orders and settlement agreements involving both custody and support usually are included in the larger divorce case, but may be revisited as conditions change. For instance, child support may be altered after the non-custodial parent’s financial situation changes.

• Paternity: In most cases, paternity cases are filed by the mother in an effort to secure child support payments from an absent father. But sometimes biological fathers file for paternity in order to have a relationship with their child. Paternity typically is determined through DNA testing.

• Adoption / Foster Care: Adoption is a complex process that differs according to the type of adoption, where the child is from, variances in state laws, and other factors. Therefore, it’s important to consult with a family law attorney. Foster parents sometimes adopt their foster children, but the foster process does not necessarily require legal representation.
You may want to consult with a family attorney for any big changes in the family dynamic, including:

• Civil unions and domestic partnerships
• Marriage
• Prenuptial agreements
• Divorce
• Separation
• Property settlements
• Alimony
• Child abuse
• Spousal abuse
• Child custody
• Child kidnapping
• Adoption

Not every family attorney will have experience in all of these categories. Be sure to ask which areas your lawyer practices to confirm that his or her practice areas fit your needs.

How Much Does a Family Attorney Cost?

Family Attorney typically charge by the hour, though some also use flat rates for simple services like document drafting or reviews. Rates will vary depending on where you live and the complexity of the matter. Set a rate with your attorney up front so that you know what to expect at the end.

What Should I Expect When Working with a Family Attorney?

Because the family law practice area is so broad, it’s hard to say exactly what you can expect from a family law proceeding. But in the end, you should have a better defined relationship with your family. In any case, your attorney should supply you with advice on whether you should take your case to court and how strong your case is. Your attorney should take you through every step of the process of filing papers or a lawsuit. For document creation or review, you can expect that your family attorney will create a legally binding agreement that has clear terms you can understand. If you have to go through negotiations or go to court, there is no guarantee that the outcomes will be ideal for you, but having a family lawyer on your side will give you the best information and chance of winning your case.

What Kind Of Personality Suits A Career In Family Law?

A career in family law may require working with both adults and children, so you must be prepared for client-facing work. These children and adults may find themselves in distressing situations, and so you must be able to cope in those scenarios. It also helps if you have a passion for helping people and want to work on handling relationships and interacting with your clients. Your work as a family attorney will vary hugely from that of a tax lawyer, for example. It is also important to be able to detach yourself from the client and their problems on a personal level, as you must always stay professional. Before its implementation, the new divorce procedure under this act which included compulsory information meetings before divorce was tested. Unfortunately, despite seemingly advantageous goals, the FLA 1996 was not well received in pilot studies. For that reason, up until the governments’ recent commitment to implementing “no-fault divorce”, the Matrimonial Causes Act 1973 continued to contain the relevant provisions regarding divorce.

Family Law Practice Insights

Family law is a practice area that encompasses the many legal issues that families may face. Some of the issues they may cover include divorce cases and spousal and child support issues. They may also work with:
• Child custody
• Division of assets and liabilities due to divorce
• Adoption
• Termination of parental rights
• Paternity
• Dependency and child neglect
• Protection from abuse

Family Attorneys Free Consultation

When you need Family Attorneys call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Firearm Purchasing Requirements

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Firearm Purchasing Requirements

Laws imposing minimum age requirements for the possession and purchase of firearms are intended to decrease access to firearms by young people and, correspondingly, to decrease the number of suicides, homicides, and unintentional shootings among that population. Given that young people are at elevated risk of engaging in violent behaviors against themselves or others, these laws have the potential to protect a particularly vulnerable group.

Minimum Age for Gun Possession

Subject to limited exceptions, federal law prohibits the possession of a handgun or handgun ammunition by any person under the age of 18.15 Federal law provides no minimum age for the possession of long guns or long gun ammunition. Federal law provides exceptions for the temporary transfer and possession of handguns and handgun ammunition for specified activities, including employment, ranching, farming, target practice and hunting. Several states impose minimum age requirements that extend beyond those contained in federal law. Those laws generally fall into four categories:
• Laws imposing a stricter minimum age for handgun or firearm purchases than federal law;
• Laws imposing a minimum age for all long gun purchases, from licensed or unlicensed sellers;
• Laws imposing age requirements for possession of handguns that are stricter than federal law; and
• Laws imposing a minimum age for possession of long guns.
Although federal law prohibits licensed dealers from selling long guns to persons under 18, there is no federal regulation of the sale of long guns by unlicensed dealers to minors. Similarly, while federal law prohibits handgun sales by licensed dealers to persons under 21, unlicensed dealers are prohibited only from selling handguns to persons under 18. Many states have imposed a minimum age for the purchase of all firearms, including both handguns and long guns, regardless of whether they are purchased from a licensed firearms dealer. Licensing laws ensure that gun owners have passed a background check before they purchase a gun. In contrast to states which require a background check at the point of sale of a firearm, licensing laws typically require an in-person application at law enforcement agencies, which provides an additional safeguard against fraud or inaccuracies that could allow dangerous individuals to obtain guns. Licensing laws that require periodic renewal can also reduce gun crimes by helping law enforcement confirm that a gun owner remains eligible to possess firearms and facilitating the removal of firearms from people who become ineligible. Furthermore, licensing laws can help to empower safe and responsible gun ownership. Many states will only issue or renew license after an applicant has completed a safety training course and firearm safety tests showing that the applicant knows relevant gun laws and how to safely load, fire, and store a gun.

Studies show that these attributes of licensing laws can lead to significant reductions in both gun homicides and gun suicides.
• When Connecticut passed a licensing law, its firearm homicide rate decreased by 40% and its firearm suicide rate decreased by 15%.
• Conversely, when Missouri repealed its licensing law, its firearm homicide rate increased by 25% and its firearm suicide rate increased by 16%.
• A study of licensing laws across 80 large urban counties found that these laws are associated with an 11% decrease in firearm homicides.
Licensing laws also help to prevent gun trafficking and the diversion of guns to criminals.
Who’s restricted from purchasing or possessing firearms?
Fugitives, people deemed a danger to society and patients involuntarily committed to mental institutions are among those who may not purchase firearms. People with prior felony convictions that include a prison sentence exceeding one year, or misdemeanors carrying sentences of more than two years, are also prohibited from purchasing firearms. Federal law also blocks the sale of guns to people who have been found guilty of unlawfully possessing or using controlled substances within the past year. This includes marijuana, which, though legalized in many US states, remains illegal under federal law. Other restrictions apply to people who have been issued restraining orders by courts to prevent harassment, stalking or threatening; people who have renounced their citizenship; dishonorably discharged military personnel; unauthorized migrants; and people temporarily visiting the US on non-immigrant visas,
Does the federal or state government regulate firearms?
The Second Amendment serves as the legal basis for the “right of the people to keep and bear arms.” Though state and local governments regulate whether residents may, for example, carry guns in public, laws regulating who may receive or possess guns are set out at the federal level. The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), a division of the Department of Justice, administers the GCA. The ATF also regulates the standards for issuing licenses to gun vendors. Shotguns, rifles, machine guns, firearm mufflers and silencers are regulated by the National Firearms Act of 1934. The purchase of semi-automatic weapons is legal in most states, as are automatic weapons made before 1986.
Who may sell firearms?
Like handgun owners, dealers interested in obtaining a Federal Firearms License (FFL) must be at least 21 years of age. They must have premises for conducting business and must alert a local law enforcement official at the time of submitting their applications to the federal bureau that regulates firearms. Just like gun owners, they must fulfill the same criteria regarding their history of prior convictions and mental state. The license fee costs $200 (€170) for an initial three-year period and $90 for each subsequent three-year-long renewal. Selling firearms online also falls under these regulations. Although the purchase may be paid for online, the gun itself must be shipped to a registered FFL holder, who then conducts the necessary background check before handing the firearm over to its owner. However, the law is unclear on what constitutes selling guns for profit. Any individual may sell firearms without a license if his or her motive isn’t to make profit for livelihood through repeated and regular sales.
Is a background check required to purchase a firearm?
The amendment to the 1968 Gun Control Act known as the Brady Handgun Violence Prevention Act of 1993 requires holders of FFLs to conduct a background check. Potential firearm purchasers fill out a federal form known as the ATF 4473, which checks for prior convictions and other red flags. FFL holders then use the information provided on the form in the background check. States may decide whether the background check is carried out solely by the FBI’s National Instant Criminal Background Check System (NICS) or a combination of the NICS and state agency information. Roughly 30 states rely solely on the NICS. Estimated to take under 10 minutes by phone or online, the check gives the FFL holder an immediate answer: approve, delay or deny. A delay indicates the need for further research for three business days, after which point FFL holders can act at their own discretion if the research proves inconclusive. The Brady law, however, does not apply to someone who is obtaining a firearm from an individual without an FFL.

Do states require permits to carry firearms?

Most states require permits to carry handguns. Concealed carry and open carry vary by state. Some states allow residents to carry handguns without permits. By contrast, virtually no state requires a permit to carry rifles and shotguns. Utah requires people carrying rifles and shotguns to bring along a form of ID or firearms identification. The law on selling, receiving and possessing firearms is clear. Yet not every individual providing the gun in a transfer requires an FFL, which in turn means that not every buyer is legally subject to a background check. This potentially enables guns to fall into the hands of users who might otherwise not be allowed to own a firearm. According to the ATF, anyone can sell a gun without an FFL from their home, online, at a flea market or at a gun show as long as he or she is not conducting the sale as part of regular business activity. One example would be someone who sells a firearm from his or her personal collection. Others who are exempt include those giving guns as gifts. Only individuals whose “principal motive” is to make a profit via sale must obtain an FFL. Commonly referred to as the “gunshow loophole,” this ambiguity also explains how a purchase can occur without a background check and without breaking the law. A gun may also be purchased on behalf of a third party as long as it is a gift and as long as the recipient does not violate federal restrictions on gun ownership to the best of the gift giver’s knowledge. The same applies to the general transfer of guns. Children younger than 18 may possess guns that were given to them by parents or guardians as gifts provided that they have written permission. Though there are many ways to obtain guns illegally — through gun trafficking, theft and “straw purchases” — there are thousands of avenues for legal sales. Gun shows often feature a mix of exhibitors selling guns, ammunition, holsters, targets and other items. Some are federally licensed dealers who must follow the same regulations as if they were operating out of a store. But gun shows are also frequented by private collectors who set up tables to buy, sell and trade guns. These sales do not require a federal license if they’re made between two people in the same state. And they don’t require a background check. This exception to the background check system is commonly known as the “gun show loophole,” and there have been several unsuccessful attempts in Congress to close it.

Utah’s Gun Control Laws

• Utah does not require a permit to possess a rifle, shotgun or handgun, and no permit is required to buy one.
• A criminal background check is required if a gun is purchased from a licensed dealer.
• Utah do need a permit to carry a concealed weapon. With those permits, Utah can openly carry a fully loaded firearm anywhere that is not listed as off-limits. A permit is not required to keep a gun inside a vehicle.
• Guns are not allowed in courthouses, mental health facilities, correctional facilities, airports, and houses of worship that have given notice they are not allowed.
• They are also not allowed in places that are prohibited federally, including most federal properties like post offices and rented federal offices.
• On land managed by the Bureau of Land Management, firearms are allowed based on the legal carry rules of the state, except in areas posted as no firearms allowed.
• Carrying a loaded firearm on a public street is not allowed without a permit, and it is illegal to carry a concealed firearm without a concealed carry permit.
• A gun that is unloaded and “securely” put away is not considered a “concealed weapon” though, and does not require a permit.
• Utah permits for concealed firearms are honoured in some neighbouring states, including Nevada, Arizona, Wyoming and Idaho, but not in others, including California and New Mexico.
• Cities, towns and other local governments are not allowed to create their own regulations regarding gun ownership or firearms, unless specifically approved by the state legislature.
• Utah does not prohibit the possession or transfer of machine guns, although people younger than 18 cannot own any fully automatic weapon. It is a felony to sell or transfer a gun to a minor.

Firearm Carry Laws

There are two ways firearms are carried in Utah, concealed carry and open carry. The names are self descriptive with an open carried firearm being visible to everyone and a concealed carry firearm being hidden from view. No federal law has ever covered the issuance of permits to carry firearms in the Utah. It has been left to all the 50 individual states in the US to determine how they will issue permits or if a permit is even required to openly or conceal carry firearms. All states will allow in theory the carry of firearms. However, there are some states that make the application process so difficult that in practice a regular citizen is banned from having a handgun. These states are usually the ones that have a “May Issue” policy.

Concealed carry laws are mostly grouped into three categories or issue policies. Up until recently there was four categories but the fourth category “No Issue” has all but been banned from the Utah by court rulings that it was unconstitutional. The three other categories are:

• Unrestricted: Does not require a permit to carry a firearm and is often referred to as Constitutional Carry.

• Shall Issue: Requires a permit to carry a firearm. Applicant only has to meet the requirements set by law such as minimum age, training, background checks etc.

• May Issue: Again a carry permit is required but laws can be restrictive and in some states impossible to comply with. Often an applicant will be asked to demonstrate a justifiable need for a permit to be issued. It is left to the discretion of law enforcement as to whether a permit to carry will be issued and a few states such as Hawaii will refuse to issue a permit to anyone.

The May Issue states are slowly disappearing with court rulings against their gun policies. The laws vary greatly for each state with states that do not have an open carry law or require a permit to an outright ban on open carry. In the states that have no open carry law you will often find that the local authorities have ordinances in place to regulate the open carrying of firearms. Permits to purchase a firearm are required in some states. These permits can just cover handguns or be extended to long guns and ammunition in the more restrictive states. Utah requires a buyer to have a FOID card to purchase any firearm or ammunition although lately they have allowed concealed carry permits to be used for purchases. But the buyer must still have been issued a FOID card. Other states will also often allow a concealed carry license to be used as a purchase permit. Background checks are required by federal law on all persons purchasing a firearm from a licensed dealer. To facilitate these checks the FBI maintains a database where all requests are processed through called the NICS (National Instant Criminal Background Check System).

Stand Your Ground Laws

Stand Your Ground, commonly known as “Castle Doctrine” laws that permit a person to defend themselves with deadly force and with no duty to retreat have been enacted in 27 states. These laws vary from state to state in the conditions that it may be used such as the degree of retreat, places covered and if there is any non lethal force required before using deadly force. Most of these laws will have some of the following conditions:

• An attempt to forcibly and unlawfully enter an occupied vehicle, business or residence.

• The intruder cannot have been provoked by the occupants of the home.

• There must be a reasonable belief by the occupants of the home the intruder will cause death or serious bodily harm to them. There are a few states that allow stand your ground laws to be used for less serious felonies such as burglaries or arson.

• The intruder is required by most of these laws to be acting unlawfully.

• These laws cannot be used against law enforcement officers who are legally carrying out their duties. Such as when they are forcibly entering a premises to arrest a person.

To use the law occupants must be legally in the building or vehicle. If they are a fugitive or helping another fugitive then they cannot defend themselves with deadly force. In addition to Utah’s firearm statutes, federal gun laws also regulate gun ownership, mostly by restricting the kinds of guns a person may legally own. As noted above, the Second Amendment does allow citizens to own certain firearms, but courts have allowed the government, both state and federal, to place some restrictions on the types of firearms people can own, who may purchase them, and how they can be purchased. In cases where federal and state laws overlap, federal law is always superior. Therefore, Utah gun owners are also subject to the Brady Handgun Violence Prevention Act and the National Firearms Act.
Utah Concealed Carry Permit

Requirements For Utah Concealed Carry Permit

Standard Permit
• Must be at least 21 years of age.
• Proof of good character.
• Completed a firearms familiarity course certified by BCI.
• Has not been convicted of a felony.
• Has not been convicted of any crime of violence.
• Has not been convicted of any offense involving the use of alcohol.
• Has not been convicted of any offenses involving the unlawful use of narcotics or other controlled substances.
• Has not been convicted of any offenses involving moral turpitude.
• Has not been convicted of any offense involving domestic violence.
• Has not been adjudicated by a court of a state or of the United States as mentally incompetent, unless the adjudication has been withdrawn or reversed.
• Is qualified to purchase and possess a firearm.
• Federal Law Requirements

Provisional Permit For Utah Concealed Carry

Persons aged between 18–21 can obtain a provisional permit. Apart from the age, the requirements are the same as those for a standard permit. These permits are also issued to non-residents. However, there are a number of states that will not honor the provisional permit as the required age to carry concealed is 21 in these states.

Firearms Purchase Requirements Free Consultation

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question – especially if it is about gun law – call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Do You Need A Lawyer To Draw Up A Will?

Source: https://www.ascentlawfirm.com/firearm-purchasing-requirements/

Do You Need A Lawyer To Draw Up A Will?

A will is a legal document that directs who will receive your property when you die. The legal requirements are pretty simple. In order for your will to be valid, you must know what property you have and what it means to leave it to someone, then sign the document and have it witnessed according to the laws of your state. Some states allow you to make a handwritten will, called a “holographic” will. This will does not need to be witnessed, but it is much more likely to be challenged after you die. Many services have popped up that offer do-it-yourself will software or documents. These might work fine if you have little or no property, small savings or investments, and a traditional family tree, but the rest of the population should not use these programs. When it tested three leading online legal document preparation services, Consumer Reports concluded that none of the will-writing products was likely to entirely meet a person’s needs unless those needs are extremely simple. And likely you’ll need a lawyer to definitively determine whether or not your needs are indeed simple. Not hiring a lawyer can lead to problems that drag out your estate administration and cost money and create headaches for your heirs.

If you’ve decided to make a will, but you’re not sure how to go about creating it, you can either hire a lawyer to help you, or you can do it yourself. Both situations have distinct advantages; however, the right option for you depends on your specific circumstances.

Advantages of Writing Your Own Will

The primary benefit of drafting a will yourself is cost. Lawyers generally charge between a few hundred to several thousand dollars to draft a will. However, the price of do-it-yourself online will programs ranges from $20 to $200 or more, while writing the entire will yourself costs you nothing. If your assets and bequests are simple and straightforward, and you are careful to comply with state law, writing a will without a lawyer should generally not pose a problem.

Advantages of Hiring a Lawyer

Having a lawyer draft your will can buy you peace of mind. A lawyer can ensure that the will complies with state law, provides the best tax advantages for your estate and heirs, and accounts for particulars in your specific circumstances. In short, you may feel more assured that the document will stand up in court even if contested, and that your wishes will be carried out as desired.

Considerations

If you chose to write a will without a lawyer, be sure to carefully research applicable state laws, particularly with respect to spousal inheritance laws, the signing of the will and any requirements relating to witness. In addition, write your wishes as clearly as possible because ambiguity in a will can render it invalid. If you use an online program to draft your will, read all instructions carefully and follow them to the letter. Some programs offer to have a lawyer review your documents for extra cost, an option that may give you additional peace of mind while saving you money.

When to Hire a Lawyer

In some circumstances, hiring a lawyer to draft your will is the least risky option. You should probably hire a lawyer if you have assets in multiple countries or states, have minor children, have been remarried, are in a same-sex relationship, own a small business, possess assets over $2 million or believe your will might be contested. A lawyer may also be a good idea if you do not understand the online forms or believe that the forms do not meet your particular needs.

Things You Should Know Before You Make Your Own Will

About two-thirds of Americans don’t have a written will, according to a 2015 survey by Lawyer. For most people, it’s something they put off or haven’t gotten around to yet. Age, unsurprisingly, is also a factor. The 2015 survey found only 30% of Americans aged 45-54 had a will, while 46% of those aged 55 to 64 had one. That makes sense if you consider that assets tend to increase as you age. If you have neither children nor any assets to speak of, and you’re comfortable having your closest blood relative, a parent or sibling receive your property outright, then you can probably get away without having a will. So if you’ve got plans for any of your assets, it can be worth the time and effort to develop some sort of plan, and get it all in writing even if you don’t hire a lawyer. “I’d rather have a DIY will because at least gives the beneficiary named a fighting chance.

• Understand Your State Rules: If you are going the DIY route, you’ll need to research your state’s laws. The rules can be quirky: Handwritten wills may not require any witnesses, for instance, but only half of states accept these wills as binding. A newly drafted, typed will now requires two witnesses’ signatures to be valid, wherever you are, but an older typed will that was executed, which used to require three witnesses, will be subject to the old requirements unless it is updated. You may also want to know if your state has an estate or inheritance tax and how to plan for it. About six states impose an inheritance tax; to be paid by any heirs who live in those states, while a dozen states impose an estate tax, which gets paid on your overall assets. (That’s on top of the federal estate tax, which affects only the wealthiest estates.) For instance, if you are dividing assets evenly between heirs, and one lives in a state with an inheritance tax, you’ll need to decide whether to set aside additional assets to cover the tax hit.

• Designate Beneficiaries: A will won’t cover all of your assets. A lot of people make up a will thinking it disposes of the whole estate. But it doesn’t. Anything that’s in joint name or payable to a named beneficiary, such as life insurance policies or 401(k) balances is outside the scope of a will. Before you even start a will, you should assign beneficiaries for as many accounts as possible. You can also create transfer-on-death or payable-on-death designations for checking, savings, and money market accounts, as well as certificates of deposit and U.S. bonds. Almost all states also allow you to name someone that will inherit any stocks, bonds or brokerage balances upon your death. And over a dozen states allow you to set up transfer-on-death stipulations for vehicles and real estate.

• Spell Things Out: Once you’ve taken care of beneficiary forms and checked out your state law, write out your intentions. A few guidelines:

I. Use the right language: You need to spell out who you are and the purpose of the document. Statements like “I declare that this is my last will and testament” and “I declare that I am of legal age to make this will, and that I am sound of mind” are not just for the movies. They’re critical to ensuring your will is taken seriously by your heirs and the courts, according to Utah law.

II. Be specific: If you are using a will to pass on your house, for instance, include the full address when identifying the property. For personal items, include a complete description. And use the full names of beneficiaries, rather than just referring to them as “my wife” or “my child.”

III. Name an executor you trust and tell them where to find your will: This is the person who will be wrapping up your affairs after your death and eventually distributing your assets. The American Bar Association recommends naming a secondary executor or a co-executor, in case your first choice is unable to carry out the task or predeceases you.

IV. Appoint a guardian for minor children: For each child, you should name one person as a guardian and another as an alternate. It’s perfectly legal (but not necessary) to pick different guardians for each child.

V. Spell out contingencies: Perhaps the most difficult aspect of a DIY will is thinking through all the contingencies. Say you’re leaving everything to your sister. But what if your sister predeceases you: Do you want the property to pass to her children? Or do you want to go to your other siblings? Describe the contingencies for each portion of your will.

• Consider an Upgrade: While a DIY will is better than nothing, lawyers argue that a professionally drafted document can do far more to protect your heirs, particularly if the beneficiaries you’d choose aren’t those provided by your state’s intestacy law. It might even cost less than you’d imagine. While a handwritten will won’t cost you a penny, in most states, a fill-in-the-blank formatted will, downloaded from a site will set you back about $100 while a will drafted by an attorney can cost, on average, only about $375. (For a larger, more complex estate, with federal estate tax considerations and specific trusts or entities such as family limited partnerships, the price tag will be $1,000 or more but complex estates should not be relying on DIY wills in the first place.) And at many firms, a will is billed as a flat fee, rather than an hourly rate. So if cost is a concern, you can call ahead to ask what the fees are.

What makes a will legal?

Any adult of sound mind is entitled to make a will. Beyond that, there are just a few technical requirements a will must fulfill:

• The will must be signed by at least two witnesses. The witnesses must watch you sign the will, though they don’t need to read it. Your witnesses, in most states, must be people who won’t inherit anything under the will. (If your state allows “holographic” wills, you don’t need witnesses.)

• You must date and sign the will. You don’t have to have your will notarized. In many states, though, if you and your witnesses sign an affidavit (sworn statement) before a notary public, you can help simplify the court procedures required to prove the validity of the will after you die. You do not have to record or file your will with any government agency, although it can be recorded or filed in a few states. Just keep your will in a safe, accessible place and be sure the person in charge of winding up your affairs (your executor) knows where it is. A lawyer does not have to write a will, and most people do not need a lawyer’s help to make a basic will -one that leaves a home, investments, and personal items to your loved ones, and, if you have young children, that names a guardian to take care of them. Creating a basic will rarely involve complicated legal rules, and most people can create their own will with the aid of a good software program or book.

How to Make a Will Without a Lawyer

A lawyer is helpful in the will creation process because you can be confident that your will has been drafted according to your state’s laws. An attorney’s help is not essential, however. If you feel confident that you can navigate your state’s laws and express your wishes on paper in a clear and unambiguous way, you can make your own will. Each state has different formal requirements, but you may opt to comply with the laws of every state to help ensure that your will is valid.

• Start a new word processing document or begin writing in ink on a blank sheet of paper. No state is particularly picky about the precise form your will takes, but most require it to be printed in ink.

• Specify that the document you are creating is your will. Title the document “Last Will and Testament” and identify yourself on the first line by stating your name, city and state of residence, birth date, and your intent to create a final will.

• Identify your spouse or most recent ex-spouse by name if applicable. Also supply the date and location of the marriage or divorce.

• State the number of children you have who are currently living and supply their names. If any of your children are minors who will need care in the event of your death, state that you select a specific individual to act as your children’s guardian. Appoint one or two additional individuals who may act as alternate guardians.

• Appoint an individual to act as your estate’s personal representative. This individual will handle the legal processes involving your will and oversee the disposition of your assets to your beneficiaries. Appoint one or two additional individuals who may act as alternate personal representatives.

• Identify clearly any property you are giving away and the person whom you would like to receive the property. Be as descriptive as you can, stating the beneficiary’s full name and relationship to you. When describing property, do so in a way that will be unambiguous. For instance, provide the exact address of a house rather than just saying “my home.”

• Print your name, your current city and state of residence, and the date at the bottom of your document. Include a line for your signature. Below this line, create three additional areas for the names, addresses and signatures of your witnesses.

• Sign your will in front of three disinterested witnesses. A disinterested witness is someone who is not a named beneficiary in your will. After you have signed, have the witnesses provide their information and signatures on the appropriate lines.

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When you need estate planning help with wills, trusts, powers of attorney, health care directives, probate, estate administration, and more, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

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Source: https://www.ascentlawfirm.com/do-you-need-a-lawyer-to-draw-up-a-will/