Displaying items by tag: Provo Utah Attorney

The Basics of a Special Needs Trust

 

Often times, parents of children with special needs consider a Special Needs Trust (SNT) to help ensure their child’s health and welfare needs are met. To know whether or not a Special Needs Trust is right for you, your family, and your situation, you will want to learn as much as you can about them. To help you through the process the lawyers at Robinson, Seiler & Anderson in Provo can help. We have gathered some information pertaining to Special Needs Trusts to help you determine whether or not they are for you. 

 

Pros

A Special Needs Trust can keep you eligible for government programs such as SSI and Medicaid. Funds are used to help you in paying for medical bills while also being tax-deductible. A Special Needs Trust will make sure the funds are being used properly for the care of the person with the disability. This can give family members peace of mind knowing that the money can’t be used elsewhere and it is instead being used where it is needed most. 

 

Cons

Annual costs of a Special Needs Trust can be high. There are also minimum requirements that have to be met before you can set up a Special Needs Trust. You will want to meet with a financial planner in order to determine what your costs will be exactly and if this is a good solution to your family’s needs. Another disadvantage to a Special Needs Trust is the lack of independence when it comes to the use of funds. The person with a disability has very little control over the use of their money.  This can lead to feelings of frustration and decrease independence.

 

The Trustee

When setting up at Special Needs Trust you will need to pick out a trustee. The trustee is expected to only give out funds when they are to be used for services under the terms laid out in the Trust.  In other words, the Trustee has all the power. Often times, this means that the Trustee is a professional.  Having a professional can increase the annual fees; however, it is important to ensure the funds are being managed properly for the benefit of the person with a disability. To make sure that your family is still involved and that your loved one is being properly cared for, you can appoint a trusted family member to be a co-trustee. 

 

To know more about the ins and outs of a Special Needs Trust we highly recommend you meet with one of our experienced lawyers at Robinson, Seiler & Anderson in Provo. We can walk you through the process and make sure your loved one is being taken care of. Call us today to set up an appointment and we can get you on the right path of care for you and your family. 

 

How to Help a Friend through Bankruptcy

 

Bankruptcy can be a hard process to go through. If you know someone who is going through the process of bankruptcy you will want to make sure that you are doing everything in your power to help them rather than hurt them. With the aid of the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo and your support you can help them through this tough time in their life. Below are some tips on how to help your friend or family member through the bankruptcy process. 

 

Listen

The thing your friend might need the most is someone to just talk to and vent all of their stresses and anxieties to. Rather than just giving advice all the time, you may just want to sit back and listen to what they have to say. Talking about the situation has proven to help the individual deal with it better emotionally. Even though you can’t make the problem go away completely, listening can help more than you know. 

 

Financial Limitations

If you and your friend are used to going out and having a good time together, you need to be ready to adjust your lifestyle to fit theirs when you meet up. They are now going through a tough time financially and will need to adjust their spending habits. Don’t make them feel bad for not being able to go out as often as they used to. Instead it might be a good idea to start doing things at each other’s homes and staying in for the night. There are a ton of fun and cheap alternatives that can be fun for the both of you. 

 

Ask how you can Help

You will never know how you can help if you don’t ask. Let your friend know that you are willing to help take some of the burden off their shoulders within your means. You can do something as easy as contacting the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo for your friend. This will help them get the knowledge and advice they need throughout the bankruptcy process. 

 

Be Encouraging

Your friend may not see what the future has in store for them after this dilemma is over. Try to keep them thinking positive and remind them of the financial freedom they have in store in the future. Help them to get in the habit of good spending and budgeting. This will keep them from ever encountering a bankruptcy in the future. 

 

The best thing you can do for your friend who is struggling through the bankruptcy process is to be there for them in any way you can. Let the bankruptcy attorneys at Robinson, Seiler & Anderson in Provo handle the legal aspects. We can get your friends and family started off on the right foot when it comes to their bankruptcy. Call or stop by our office today for more information. 

 

Appointing a Guardian for your Child

 

 

 

 

 

While it isn’t pleasant to think about, you will want to make sure the details of your life are handled after you pass away. This is especially important when you have children. What happens to them after you die will be determined either by you, your family members, or the court. Having an appointed guardian set in place is vital in case the worst does occur. Robinson, Seiler & Anderson in Provo can appoint you with an attorney to help you in the process of appointing a guardian. Listed below are just some of the reasons you should appoint guardianship of your children sooner rather than later. 

 

  • You need to prepare for the worst, that includes the possibility of both parents passing away suddenly. 
  • Guardianship can be questioned if you and your partner both become seriously ill and incapable of providing for your children. 
  • If no guardian has been appointed by the parents, the grandparents will step in. A serious problem may arise if both paternal and maternal grandparents fight for custody of the children.
  • Making the decision of guardianship can be difficult on your children and your family members. 
  • If the parents left behind a significant amount of money or fortune for the orphaned children, this could attract dishonest people who care more about the money rather than providing the proper care for your children. 
  • Generally, the appointed Executor/Trustee will be responsible to manage the minor beneficiary’s assets or inheritance until he or she reaches the legal age of 18 years old. 

 

 

Taking everything into consideration you will want to make sure your child will receive the best care after you are gone. To give you peace of mind about the well-being of your children you will want to meet with an attorney at Robinson, Seiler & Anderson in Provo to start the process of appointing the guardian of your choice. We can walk you through the rights that guardian will have and how your child will be taken care of. Doing this now will help everyone in your family if the unfortunate does occur. To learn more about the process of appointing guardianship of your children call our office today to set up an appointment with one of our experienced attorneys. 

Avoiding Employment-Related Liability

Robinson, Seiler & Anderson in Provo is your go-to law firm when it comes to all of your business needs. As a business owner you will want to protect yourself from ending up in an unnecessary lawsuit regarding employment-related liability. We have gathered some tips for you to try as you are protecting your business from entering any unexpected lawsuits. 

 

Update your Employee Handbooks

Whether your business is big or small, you may want to provide your employees with a handbook. These handbooks will give your employee insight to how your company works as well as what laws and rights they have as an employee working for your company. Take the time to routinely review and update your employee handbook to make sure all the current laws are accurate. This will protect your company from any lawsuits due to a disgruntled employee. 

 

Update your New-Hire Paperwork

One thing you don’t want to do is have legality issues from the start with your new employee. Make sure all aspects and forms of your new-hire paperwork are up to date with the current laws and policies. It is especially important to double check your I-9 forms. Always have the most recent version of the I-9 form for your new hires to fill out. 

 

Give Proper Training

The best way to reduce the amount of employee related issues is by giving them the proper training. This is especially important when it comes to your supervisors and managers. They are the ones who will be dealing with the larger issues that may arise during your average working day. Under federal and state law, employers can be held strictly liable for the conduct of any individual they place in a supervisory position, even if the individual acts contrary to the employer's policies. Having regular trainings held for those in these positions will keep you and your business safe from employee-related liabilities. 

 

Review your Policies and Procedures

Just like your employee hand book you will want to revisit your posted policies and procedures within your company. Make sure they are easy to understand and can’t become misinterpreted. See that all aspect of your business are covered so there is no confusion regarding how something should be handled within your company. It may even be a good idea to go over the changes and updates with all of your employees regularly. 

 

As a business owner you will want to make sure your business is protected in all aspect, including disgruntled employees. By following the steps above and seeking the legal advice from the lawyers at Robinson, Seiler & Anderson in Provo you can have peace of mind knowing you are protected. Call us today to learn more about the legalities you should be aware of regarding your business. 

Dealing with Suspected Fraud

 

Robinson, Seiler & Anderson in Provo prides itself on having knowledgeable and experienced attorneys who can help you with all of the legalities of your business. One situation you need to keep an eye out for when it comes to your business is the possibility of fraud. Nothing is worse than suspecting a fellow employee of stealing from the company they work for. Below are some steps you should consider taking if your suspect fraud within your company. 

 

Remain Calm

If you suspect someone of fraud within your company the first reaction you might have is to confront them. This will harm you rather than help you in the long run. Instead you need to remain calm and take the time to gather sufficient evidence to support your suspicion. Working with legal experts like the attorneys at Robinson, Seiler & Anderson in Provo can help you with all the legalities of dealing with a potential fraud case within your company. It is always wise to consult an outside source and gather information before acting on the situation. 

 

Do Something, Quietly

The worst thing you can do is pretend like nothing happened. This will give the person who is committing the fraud a green light to go ahead and do it whenever he or she pleases. It is also important to remember not to do anything until you have the proper evidence on your side. Acting without proof can result in a wrongful termination lawsuit. While you are gathering evidence of the suspected fraud you will want to do so quietly. If the person committing the fraud becomes aware of the investigation they might go to great lengths to destroy any and all evidence. 

 

Keep Track of your Finances

As you should be doing already, you should have a reliable record of your finances. This is the hard evidence you can use to determine if there is fraud taking place within your business. Keep clean copies of all of your payroll, expenses, and bookkeeping records. 

 

Make Positive Changes

After you have settled the situation of suspected fraud you will want to make sure to make positive changes in your company to make sure this situation doesn’t arise again. Make sure all of the internal aspects of your company are protected against any fraud occurring in the future. Lead by example and let your employees know the importance of having a fraud free company. 

 

Being a victim of fraud can be stressful. Especially when it comes to dealing with the legalities of the situation and dealing with the employee committing the fraud. The attorneys at Robinson, Seiler & Anderson in Provo can help your through this process and give you the advice you need. Call us today to schedule an appointment with one of our experienced attorneys.

Driving Safely in your Car

 

Getting in a car accident can really put you in a tough situation. Depending on the severity of the accident you may be forced to seek legal advice. The personal injury attorneys at Robinson, Seiler & Anderson in Provo can give you the experienced advice you need. To help you to avoid getting into an accident we have gathered some suggestions for you to consider when driving your car to keep you and your passengers safe. 

 

Never Drink and Drive

Drinking and driving is never a good idea. Most fatalities involving a car are due to one of the parties being intoxicated. One or two drink can easily make you impaired enough to the point of not being able to operate a car properly. If you plan on going out and having a few drinks make plans ahead of time for a designated driver or a taxi to pick you up. You can protect yourself and everyone on the road by not driving under the influence of alcohol. 

 

Avoid Distractions

All too often we hear of fatal accidents due to distracted driving. This unfortunate event seems to be occurring more due to the abilities of our smart phones and music playing devices. In order to safely drive your car you want to avoid any and all distractions. Use hand-free devices only. Avoid eating and driving at the same time. Make sure your children and pets are properly secured and pull over to attend to them if you need to. 

 

Get your Sleep

Before embarking on a long drive you will want to make sure you are well rested. If you find yourself becoming drowsy during your trip you will want to pull over at the next exit or rest stop to get some sleep. Driving tired is almost as bad as driving under the influence. 

 

Stay Calm

Dealing with other drivers on the road can often be difficult, especially if they are not following the rules of the road. The worst thing you can do is to get mad and try to alert them to their wrong behavior. Road rage can often get out of control and increase your chances of getting into an accident. Instead, try to remain calm and continue to follow the rules of the road. 

 

Be Aware of Fellow Drivers

As often as we wish to be the only ones on the road, we must share it. To stay safe while driving your car you will want to be aware of all the other drivers around you. Make sure you aren’t following too closely when behind a fellow driver. Be aware of the cars approaching and passing you as well. 

 

By following the suggestions listed above you can become a better driver and protect yourself from getting into a car-related accident. If you do find yourself a victim of personal injury due to a car accident you can trust the personal injury attorneys at Robinson, Seiler & Anderson in Provo to help you with your case. 

Reasons you may need a Power of Attorney

 

Powers of Attorney are incredibly important documents that set out what would happen in the event a person becomes incapable of making their own decisions. There are two types of Power of Attorneys, one is A Power of Attorney for Personal Care allows you to specify particular wishes related to medical treatment, shelter, safety, nutrition or hygiene. A Power of Attorney for Property documents your wishes with respect to your property and finances. Robinson, Seiler & Anderson is a law firm in Provo, Utah that can help you with setting up both types of a Power of Attorney. Below we have listed just some of the reasons why you should consider having one set up. 

 

Accessing Bank Accounts

If something were to happen to your spouse making them mentally incapable of handling their property, including bank accounts, you would need to have a Power of Attorney in place. Most of the time being married is not enough to gain access to financial accounts. While it may be hard to think about you will want to be prepared if the worst was to happen. 

 

Caring for your Health

If something were to happen to you, making you incapable of making informed decisions, you may have someone in mind that would be in charge of making all of your care decisions for you. This is where a Power of Attorney for Personal Care comes in. If you do not have one in place and are not currently married your parents would be in charge of making those decisions for you. If you want to have your choice of an individual it is always a good idea to have a Power of Attorney in place. 

 

Control of your Finances

Having a Power of Attorney for property will allow you to have control over how your finances are taken care of when you are no longer able to do so. You can give specific directions to your Power of Attorney as to how your finances will be spent. You can also limit how much control they have over your property and documents. 

 

Peace of Mind

While it isn’t pleasant to think about, you want to prepare for the worst. Having a Power of Attorney set up for your health and your property will give you and your family member’s peace of mind. This will reduce the stress on those who care for you the most.  You can also rest easy knowing that everything will happen in the way you want it to. 

 

For help in setting up your Power of Attorneys or for additional information, the law firm of Robinson, Seiler & Anderson in Provo, Utah can help. Our experienced attorneys know the ins and outs of obtaining a Power of Attorney. Call us today to set up an appointment. 

Knowing the Ins and Outs of your Will

 

Having a will written now before you pass on from this life can help you and the ones you love. While it seems like a daunting and unenjoyable task, it can save your family a lot of hassle after you pass on. Having the expertise of the attorneys at Robinson, Seiler & Anderson in Utah County can help you through the will writing process. Below are some things you should know when it comes to understanding your will. 

 

What is a Will?

To put it simply, a will is a legal document that states your wishes when it comes to your estate after you die. Your estate can include everything from your home and valuables to sentimental items. It will also come in handy if you need to declare guardianship of your children. Within the will you can declare an executor. An executor is a person of your choosing who will be in charge of making sure the wishes that are stated in your will are followed through. 

 

Having an Attorney

Having an attorney from Robinson, Seiler & Anderson in Utah County to help you with your will is always recommended. Hiring an attorney can help you to make sure your will covers everything your family may need after you are gone. The attorney can also help you when it comes to giving advice on estate planning and living trusts. The experienced attorneys at Robinson, Seiler & Anderson will make sure your written will meets all the requirements of the state and county you live in. 

 

Joint or Separate Wills

If you and your spouse are drafting your wills together, you may have considered having a joint will. Most advise against having joint will and some states won’t even recognize them. It isn’t likely that you and your spouse will die at the same time, so it makes more sense to have separate wills written up. 

 

Your Executor

Having an executor will help to make sure the aspects of your life are taken care of after you die. Choose someone you can trust such as a close friend, family member or child. If your affairs are fairly complicated you can have an attorney named as your executor. Make sure you list them of having the ability to deal with any existing debt and pay your bills. 

 

Keeping your Will Safe

Keeping your will in a safe and accessible spot to your family is a must. The best option is by putting it in a fire and water-proof safe in your home. If you fear your will might be harmed or lost you can always give copies to your lawyer for safe keeping. 

 

 

Having a will is a must when it comes to taking care of what you leave behind. The attorneys at Robinson, Seiler & Anderson in Utah County can give you the advice you need when writing your will. Give us a call today to set up an appointment. 

Avoiding Truck Accidents

 

Car accidents involving trucks and semi-trailers increase the risk of fatality. If you or someone you love is involved in a truck accident and you are seeking legal help, you can trust the personal injury attorneys at Robinson, Seiler & Anderson in Provo you give you the legal advice you can trust. Below we have gathered some suggestions to follow when driving with trucks on the road. 

 

Following Distance

 Driving too closely to the truck will limit your visibility to the road ahead and around you. You will want to leave enough room between you and the truck so you have time to react in case of an unsuspected hazard. Distance also applies when you are changing lanes in front of a truck. You will want to make sure you leave enough room between you and the semi in case the both of you need to stop suddenly. These trucks take longer to come to a complete stop in the case of an emergency. 

 

Visibility

The drivers of semi-trucks often have a difficult time seeing around the trailers they are pulling. Drivers should always allow enough room between themselves and the truck in order to be seen. Make sure you always pass on the drivers hand side of a truck so they can see you. The only way the driver of a truck can see you is with the help of their mirrors. If you can’t see the drivers face, they can’t see you. 

 

Pulling Over

If you need to pull over on the side of the road for some reason, make sure you pull off the roadway completely. Semi-trucks need the whole width of a lane while driving. Having your car too close to the roadway can cause a hazard for you, the truck driver, and anyone else driving near-by. 

 

Anticipate Turns

When driving near or behind a truck you will want to be aware of them when it comes to the driver making a turn. Because of the size of most semi-trucks they require more space to make a turn onto another street, so they swing wide to make sure they can get their truck and trailer into the appropriate lane. 

 

Being aware and safe around trucks can help you in preventing a fatal accident. If you do happen to be involved in an accident involving a semi-truck and are seeking legal advice, you can trust the personal injury attorneys at Robinson, Seiler & Anderson in Provo to help you through the process. Call us today to set up a consultation with one of our experienced attorneys. 

 

 

How to Avoid Bankruptcy

 

As the owner of a business you will want to make sure your business runs as smoothly as possible. This means you have to protect your business from all aspects that could harm it. This includes the possibility of getting sued. We at Robinson, Seiler & Anderson Law Firm in Provo, Utah want to help you in making sure your business is protected. 

 

Protect your Image 

Watching what you say and do is important as a business owner. Your actions and words tie into your business’ image. You and your employees need to make sure to avoid saying or doing anything that can be considered libelous or potentially slanderous. You will also want to avoid doing business with any one that is known for their questionable business practices. Make sure you avoid any situations that may be a conflict of interest as well. 

 

Hire an Attorney

Hiring an attorney you can trust is key in protecting your business. The lawyers at Robinson, Seiler & Anderson can give you the trusted legal advice you need when it comes to your business. It’s always a good idea to secure an attorney that is familiar with local laws and customs in the area in which the business operates. Care should also be taken to retain an attorney with expertise in a particular field if necessary. Our law firm in Provo, Utah can provide exactly what you need. 

 

Separate yourself from your Business

Many business owners own and operate their business as sole proprietorship. The only problem with this is the chance of being sued. When you are sued, all of your assets, including your personal ones, can be at risk. Having a trust own the business can protect your assets. A trust is a legal entity that, in most cases, files its own tax return and can own property, businesses, cash, securities and a host of other assets. If a business is owned by a properly established trust, and it is sued, in most cases the only assets that can be attacked or attached in a court of law are those that are in the trust itself.

 

Insure your Business

It is a necessity of any business owner to have insurance, especially liability insurance. This will protect you and your business in the case of a slip-and-fall lawsuit. Depending on the size of your business will determine what insurance you will need to get. Talking to an insurance agent will help you in deciding what areas need to be covered. 

 

As a business owner you will want to make sure everything is protected when it comes to your business. Having a law firm like Robinson, Seiler & Anderson in Provo, Utah on your side can give you that protection you need. Call us today to learn more about our firm and how we can help you and your business. 

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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