Displaying items by tag: Attorney

Why you should make Tax Planning a Priority this year

While we all may dread that time of the year when April 15th rolls around and we have to sit down and do our taxes, have you ever thought about getting a head start on taxes and creating a tax plan with your attorney? Robinson, Seiler & Anderson in Utah County has attorneys that are well versed in tax law and can help you to come up with a beneficial tax plan for this year. Listed below are just some of the reasons why you should make tax planning a priority this year.

 

To Pay Less Taxes

Reducing your tax in the current year or in future years can be accomplished easily with some planning. Depending on your situation this can be very beneficial for you. If you are included in any of the instances listed below then you definitely need to sit down and do some tax planning.

·         You are self-employed or a business owner.

·         You have investments with significant unrealized gains or losses.

·         You have had a major life-changing event during the year, like selling a home, marriage or divorce, if you’ve retired or had a child.

·         If you’ve had a dramatic change in your income (up or down), or a change in jobs.

·         If you have moved, especially between states.

·         If you are sending a child to college for the first time.

·         If you purchase health insurance from the government health exchange.

 

To Implement Planning Ideas

While some tax planning strategies can be accomplished in short order at the last minute, most require much more time for proper analysis and implementation. This is especially true when it comes to business owners who are trying a new strategy, making a change in the business, or changing ownership in the company.

 

Familiarizing yourself with New Tax Laws

Earlier this year we found out we will be affected by some major changes in tax law. Taking the time to make a plan and familiarize ourselves with the changes will only prove to be beneficial. Being proactive gives you the ability to benefit from the changing environment. Talking with the attorneys at Robinson, Seiler & Anderson in Utah County will help you to learn more about the new tax laws and how you can alter your spending or business strategies to stay ahead of the game and come out making more money and spending less during tax season.

What to Know about Wrongful Death Lawsuits

 

Dealing with the death of a loved one is hard enough without having to deal with a wrongful death lawsuit. These take place due to someone's death either caused by negligence or through intentional harm. Wrongful death claims allow the estate of the deceased person to file a lawsuit against the party who is legally liable for the death. Robinson, Seiler & Anderson’s personal injury attorneys in Provo can help walk you through the process of a wrongful death lawsuit. Below are some facts to help you to get a better understanding of what is involved in the process.

 

When you can file for a Wrongful Death Claim

There are specific instances in which you can file for a wrongful death claim. It usually occurs as the result of either negligence or an intentional harmful act on the part of the defendant. This can occur in a variety of situations, including:

·         When the victim is intentionally killed

·         When the victim dies as a result of medical malpractice

·         Car accident fatalities involving negligence

These are just a few examples of what can qualify as a wrongful death claim. Talking with the personal injury attorneys at Robinson, Seiler & Anderson in Provo can help you to determine if you have a substantial case.

 

Evidence Needed in a Case

When it comes to proving negligence in a wrongful death case you must prove that the defendant owed the decedent a duty of “due care,” also meaning it is essentially a duty to do something to keep another person safe, or refrain from doing something that would harm another person. The plaintiff must next prove that the breach of duty actually caused the decedent’s harm. The plaintiff then must prove that the decedent actually suffered damages. In a wrongful death case, if breach of duty and causation exist, damages will be presumed for obvious reasons (i.e. the injured person was killed).

 

Damages

Damages in a wrongful death claim -- categories of losses for which a survivor might be able to receive compensation -- include:

·         the deceased person's pre-death pain and suffering - called a survival claim in a wrongful death case.

·         the medical costs that the deceased victim incurred as a result of the injury prior to death

·         funeral and burial costs

·         loss of the deceased person's expected income

·         loss of any inheritance as a result of the death

·         value of the services that the deceased would have provided

·         loss of care, guidance, and nurturing that the deceased would have provided

·         loss of love and companionship, and

·         loss of consortium.

How to Successfully get through a Chapter 13 Bankruptcy

 

Bankruptcy is never an easy thing to go through. While you do have some choices to how you want to get through a bankruptcy it is still going to be hard and require a lot of sacrifices. If you have chosen to go through with a Chapter 13 Bankruptcy make sure you talk with the attorneys at Robinson, Seiler & Anderson in Provo to walk you through the process and what will be expected of you. We have provided some tips for you to try to help you to successfully get through a Chapter 13 Bankruptcy.

 

Create a Strict Budget

Your Chapter 13 bankruptcy won't work if you can’t make your plan payments. It’s based on a two-part calculation, the amount of debt you must repay in the plan, and your income, or, ability to pay your debt. In Chapter 13, how much you’ll pay will depend on your disposable income. It’s calculated by deducting allowed monthly personal and household expenses from your monthly take-home income. That is why it is so important to take the time to create a strict budget and to stick to it. 

 

Court Appearances

You’ll have a minimum of two court appearances before your Chapter 13 plan is approved. The first is the 341 meeting of creditors that all filers must attend. The trustee appointed to your case will verify your identity, ask you questions about your paperwork, and allow any creditors in attendance to ask financial questions. At the confirmation hearing, the judge will decide whether your plan is feasible. Your creditors will have an opportunity to object to the plan beforehand. Such objections are often resolved before the confirmation hearing.

 

Be Proactive when Circumstances Change

Life happens. We never plan for someone to lose their job, fall ill, or have a family crises. Instead of not making your payments you have some options. Talking with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo can help you to decide what is best for you and your situation. Your options include:

·         Temporarily suspending or modifying your plan payments

·         Extending the length of your plan (but you can’t exceed the 60-month time limit)

·         Granting you permission to incur new debt, such as a replacement car loan, or

·         Allowing you to refinance an existing, pre-petition secured debt, like a mortgage.

 

Call our office today to learn more about Chapter 13 bankruptcy and what you can do today to better your situation.

The Legalities of Land Use and Zoning

Zoning regulations and restrictions are used by municipalities to control and direct the development of property within their borders. Whether you need to get an easement in order to reliably access your property, looking at property for a new business, or have other land use and zoning law questions, a real estate attorney should be able to help. The attorneys at Robinson, Seiler & Anderson in Provo are well versed in the legalities of real estate law as well as land use and zoning. Below are some of the basic legalities to help you understand Land Use and Zoning Regulations.

 

The Function of Zoning Regulations

The basic purpose and function of zoning is to divide a municipality into residential, commercial, and industrial districts that are for the most part separate from one another, with the use of property within each district being reasonably uniform. Within these types of zones there are specific restrictions that must be adhered to such as; specific requirements as to the type of buildings allowed, location of utility lines, restrictions on accessory buildings, building setbacks from the streets and other boundaries, size and height of buildings, and number of rooms.

 

Limits set in Place for Zoning Regulations

Courts have held that a zoning regulation is permissible if it is reasonable and not arbitrary; if it bears a reasonable and substantial relation to the public health, safety, comfort, morals, and general welfare; and if the means employed are reasonably necessary for the accomplishment of its purpose. With these limits set in place it could lead to a lot of disagreement. Having the right attorney who is well versed in real estate law can help you when you disagreement turns into a litigation case. That is where the attorneys at Robinson, Seiler & Anderson in Provo can help. In many jurisdictions, statutes have created boards of zoning appeals to handle these issues. Given both the complexity of zoning law and the specialized nature of zoning appeals boards, an owner who contests a zoning requirement is ill advised to try to argue his or her case without legal assistance.

 

Call our office today to schedule an appointment with one of he experienced attorneys at Robinson, Seiler & Anderson in Provo.

 

Professional Associations vs. Limited Liability Companies

When forming a business and figuring out all of the legalities involved you will need to have some knowledge pertaining to the different types of entities you can form and how each on works differently. Talking to an attorney at Robinson, Seiler & Anderson in Utah County will help you to decide which entity set-up would work best for you and your situation. To shed a little light on Professional Associations vs. Limited Liability Companies we have provided some of the basics of each for you below.

 

Professional Associations

A PA is a professional entity formed for the purpose of providing a professional service. Typically, the people who own and govern the PA must be licensed in the profession in which the business is engaged. Some states limit the availability of this business entity to very specific professions, such as medical doctors, veterinarians and architects. Similar to Corporations, some state require that you have a board of directors in place and the entity itself will be formed to outlive its members.

 

Limited Liability Company

An LLC is a more common and flexible business entity that is not restricted to any specific profession. In an LLC, the owners are not personally liable for the debts of the business, much like a corporation. LLC’s also don’t require a board of directors. Income for an LLC "passes through" to the owners, meaning that there is no corporate tax, and the income is taxed only once. You can choose to have either a single-member LLC or a multi-member LLC. It all depends on how you want to divide your ownership and assets.

 

Start the Process

Now that you have an idea of what kind of business entity you will need to form for your business needs you can begin the formation process. The first step is to contact the attorneys at Robinson, Seiler & Anderson in Utah County. They can walk you through the structure you need and help you with putting together the necessary paperwork needed for each state. Call us today to schedule a consultation so we can help you get the process started.

When is the Right Time to File for Bankruptcy?

Bankruptcy can be a difficult subject to talk about. Wondering if and when you should file for bankruptcy is a hard choice to make. Talking with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo can help you to get a better idea when it comes to your situation and if it is the right time to file for bankruptcy. Listed below are some steps to take to help you decide if now is the right time.

 

Asses your Financial Situation

To help you in deciding if now is the right time to start the bankruptcy process we have provided some questions you need to ask yourself below.

·         Do you only make minimum payments on your credit cards?

·         Are bill collectors calling you?

·         Does the thought of sorting out your finances make you feel scared or out of control?

·         Do you use credit cards to pay for necessities?

·         Are you considering debt consolidation?

·         Are you unsure how much you actually owe?

If you have answered yes to two or more of the questions above then you really need to reevaluate your financial situation. If you owe more money than you can actually afford to pay off then bankruptcy might be your answer. If the value of your assets is less than the amount of debt you owe, declaring bankruptcy may be one way out of a sticky financial situation. However, bankruptcy shouldn't be approached casually. After all, it's not a simple, easy cure-all for out-of-control debt.

 

How to Declare for Bankruptcy

You can go bankrupt in one of two main ways. The more common route is to voluntarily file for bankruptcy. The second way is for creditors to ask the court to order a person bankrupt. There are several ways to file bankruptcy, each with pros and cons. You may want to consult a bankruptcy attorney at Robinson, Seiler & Anderson in Provo before proceeding so you can figure out the best fit for your circumstances.

 

If you feel like now is the right time to file for bankruptcy make sure you schedule a consultation with the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo as soon as possible. Stop by our office or check out our website for more information.

Facts about Motorcycle Accidents

Motorcycle accidents are always unfortunate for everyone involved. The more you know about what causes motorcycle accidents and how to avoid them the better. If you do find yourself to be the victim of a motorcycle accident you can trust the personal injury attorneys at Robinson, Seiler & Anderson in Provo to help you with your case and get you the money you deserve. Below are some facts about motorcycle accidents we want you to be aware of.

 

·         Only about ¼ of motorcycle accidents are single vehicle accidents involving the motorcycle colliding with the roadway or some fixed object in the environment.

·         In multiple vehicle accidents, 2/3 of the accidents are caused by the other vehicle violating the motorcycle's right-of-way.

·         The failure of motorists to detect and recognize motorcycles in traffic is the predominating cause of motorcycle accidents. The driver of the other vehicle involved in collision with the motorcycle did not see the motorcycle before the collision, or did not see the motorcycle until too late to avoid the collision.

·         Visibility and conspicuousness of the motorcycle is a critical factor in the multiple vehicle accidents, and accident involvement is significantly reduced by the use of motorcycle headlamps (on in daylight) and the wearing of high visibility yellow, orange or bright red jackets.

·         Motorcycle riders between the ages of 16 and 24 are significantly overrepresented in accidents; motorcycle riders between the ages of 30 and 50 are significantly underrepresented. Although the majority of the accident-involved motorcycle drivers are male (96%), female motorcycle passengers are significantly overrepresented in the accident data.

·         The typical motorcycle accident allows the motorcyclist just less than 2 seconds to complete all collision avoidance action.

·         The likelihood of injury is extremely high in motorcycle accidents: 98% of multiple vehicle collisions and 96% of the single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.

·         The use of heavy boots, jacket, gloves, etc., is effective in preventing or reducing abrasions and lacerations, which are frequent but rarely severe injuries.

·         The most deadly injuries to the accident victims were injuries to the chest and head.

·         The use of the safety helmet is the single most critical factor in the prevention of reduction of head injury.

 

For more information regarding personal injury claims make sure you talk to one of our experienced personal injury attorneys at Robinson, Seiler & Anderson in Provo. We can give you the answers you need.

The Basics of a Business Partnership

Robinson, Seiler & Anderson in Utah County Attorney can help you establish a variety of entities. If you are looking to establish a Partnership then you will want to get to know the basics of a business partnership listed below.

 

Sharing the Liability

Partners in a partnership are personally liable for all business debts and obligations, including court judgments. There are a few exceptions to this personal liability. Some of the partners can have limited personal liability if the partnership is set up as a limited partnership. This is a partnership in which only the general partner, who runs the business, has personal liability, while the limited partners, who are basically passive investors, can lose no more than their stake in the partnership. Owners who are concerned about personal liability can choose to incorporate their business or operate as a limited liability company. LLC’s are a great option when it comes to the protection of the each of the partner’s assets.

 

Creating a Partnership

Creating a partnership is easy enough to start. The first step is to agree to be partners. The next is to complete the proper registration with the state and IRS. While the owners of a partnership are not legally required to have a written partnership agreement, it makes good sense to put the details of ownership, including the partners' rights and responsibilities and their share of profits, into a written agreement.

 

Ending a Partnership

If you or your partner chooses to dissolve the business, each of the partners must fulfill any remaining business obligations, pay off all debts and divide any assets and profits among themselves. If you want to prevent this kind of ending for your business, you should create a buy-sell agreement, or buyout agreement, which can be included as part of your partnership agreement. A buy-sell/buyout agreement helps partners decide and plan for what will happen when one partner retires, dies, becomes disabled or leaves the partnership to pursue other interests.

 

For more information regarding partnerships and how to set it up properly then you will want to consult with one of the experienced attorneys at Robinson, Seiler & Anderson in Utah County. Call us today to schedule a consultation.

 

How to Know if you need a Collections Attorney

When you a small business owner you rely on the payments from your customers to pay your bills and stay in business. So what happens when your final notices just aren’t working? How do you get the money you are owed? The Attorneys at Robinson, Seiler & Anderson in Provo can help you get the money you deserve with a collections attorney. Listed below are some ways a collection attorney can help you in your situation.

 

How to Collect Business Debts

If you’ve completed the work or delivered the product, sent the invoice, and have received no response, you still have some options. Use a measured approach to collect on the account. Start by sending a debt collection letter, reminding the customer or account-holder of their missed payments and providing an opportunity to correct the situation. You can send an initial letter, a follow-up letter, and a final demand letter before escalating further. If you still don’t have a response from your customer you can begin the legal processes of collecting debt.

 

How a Collections Attorney can Help

A collections lawyer can help you in a number of ways. First, you can receive personalized help with your situation. A lawyer will be able to explain the proper procedures and help you draft a well-crafted debt collection demand letter or offer other solutions to your issue. A lawyer may also be able to advise you on whether to use a collection agency or seek a court-based remedy to ultimately collect on the debt, by filing a lawsuit and hopefully receiving a judgment in your favor. A collections lawyer can also guide you through the process of collecting on your judgment.

 

If you find yourself in a situation where you are unsure whether you can collect the debts you are owed on your own or if you need a collections attorney, schedule a consultation with the Attorneys at Robinson, Seiler & Anderson in Provo. We can advise you on the steps you need to take in order to get the money you are owed.

View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
 
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
 
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
 
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.
 

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