What Can’t You Put in a Utah Will?

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While there are many things you can legally put in a Utah will, you should also be aware that there are many things you cannot put in this legal document. Becoming aware of the limitations of your will is a good first step in the estate planning process. Once you understand what you’re not allowed to include in your will, you can approach this process in a much more efficient way without wasting any time. 

If you really want to approach your will in the most efficient way possible, you need to get in touch with a qualified, experienced attorney who specializes in estate planning. These legal professionals can expedite the entire process of creating and planning your will, and they can make sure that you’re not making any simple mistakes that could cause issues in the future. 

Things You Cannot Include in Your Will

There are a number of things that you cannot include in your will:

  • Jointly-Owned Property: As soon as you pass away, the joint tenant takes full ownership of the property. You cannot leave your share of the property to any of your beneficiaries, so there’s no point in including this in your will.
  • Life Insurance Proceeds: If your life insurance policy already has a named beneficiary, you cannot leave these proceeds to someone else in your will. The proceeds will go automatically to the beneficiary upon your passing, so there’s no point including this in your will, either. 
  • Retirement Plan Proceeds: When you establish an IRA or a 401(k), you will be asked to name a beneficiary when filling out the forms. This means that the beneficiary is already named, so anything you say about these proceeds in your will is ignored. 

Things You Cannot (or Should Not) Say in Your Will

Aside from being banned from mentioning specific assets in your will, you also cannot make certain statements:

  • Conditions: You cannot put conditions on items. For example, you cannot say that in order for your beneficiary to receive your grand piano, they must first take ten years of piano lessons. You can state your preferences, but these statements have no actual weight in the eyes of the law. 
  • Funeral Arrangements: You can put your funeral wishes in your will, but this is also quite pointless, since the will is typically read after the funeral has taken place.
  • Wishes: Your will is a legal document, so it should deal only with facts. If you have certain wishes that you’d like to express, you should do this in a different document. 

Enlist the Help of a Qualified Attorney Today

If you’ve been searching Salt Lake City for a qualified, experienced estate planning attorney, look no further than Stephen J. Buhler, Attorney at Law. Over the years, we have helped many Utah draft rock-solid wills, and we can help you avoid many of the common mistakes people make when creating these legal documents. Reach out to book your consultation today, and we can work together to craft a will you can be proud of. 

Stephen J. Buhler, Attorney at Law

The Harmon Building

3540 South 4000 West, Suite 245

West Valley City, UT 84120

Phone: 801-964-6901

Email: [email protected]

Can You File a Personal Injury Claim for Losing Your Teeth in California?

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Losing your teeth might seem like a relatively minor issue compared to third-degree burns or amputations, but this issue is still quite problematic for injury victims. Our teeth have an enormous impact on our self-confidence, and missing teeth can diminish our feelings of self-worth. So what options do you have if you have lost your teeth in an accident? 

Fortunately, you can work with a personal injury attorney in Orange County to get the compensation you need to fix your teeth. Although dental work can be quite expensive in California, you can file a personal injury claim and recover a settlement for these damages. This will allow you to take care of your missing teeth without any money coming out of your own pocket. 

Accidents that Can Cause Tooth Loss

There are a wide range of accidents that can potentially lose to tooth loss or damage. Car accidents can easily result in you losing a few teeth, especially if you have suffered a heavy impact. These impacts can easily throw you forward or sideways, causing your head to impact the inside of your car. This can lead to your teeth getting knocked out. Cyclists can also lose their teeth if they are hit by cars or forced to swerve or brake suddenly due to a negligent driver. 

You may also lose your teeth if you were walking down the street as a pedestrian. Perhaps a property owner failed to clear away a spill on the sidewalk in front of their building, causing you to slip and hit your teeth on the pavement, a fire hydrant, or something else. You can also lose your teeth after slipping in a grocery store, perhaps when a staff member failed to clear away debris that was left in the aisle for too long. 

When Can I File a Claim?

If you want to file a claim for tooth damage in California, you must establish that someone else was at fault for your accident. California is not a “no-fault” state, which means that you must establish fault in order to successfully file a personal injury claim after a car accident. In addition, property owners in California are liable for damages caused by their negligence, and you can file a claim whenever you believe that a property owner caused you to lose your teeth. 

Enlist the Help of a Qualified, Experienced Attorney Today

If you’ve been searching for a qualified, experienced personal injury attorney in Orange County, look no further than Chudleigh Law, P.C. We have plenty of experience with a wide range of personal injury cases, including those involving tooth damage. You shouldn’t have to struggle with such a blow to your self-image, especially if someone else was to blame for your accident. Reach out, book your consultation today, and start working with us to get the compensation you need to move on with your life.  

Can a victim of sexual harassment file a lawsuit against the person responsible rather than their workplace?

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Corpus Christi, TX – As a general rule, workplaces have a responsibility to prevent sexual harassment and create a safe work environment for their employees. This will usually result in liability for the employer if there are lawsuits related to harassment that was allowed to take place. However, there are also some cases where an individual person is sued for sexual harassment rather than an employer although it is less likely. 

Agency principles

Under the federal laws that explain how sexual harassment claims work and give people the authority to sue, certain supervisors and other individuals within a company may be considered an agent of the company or an employer on their own terms. In most cases, these individuals with some kind of authority would be the ones who are likely to be sued. When using these  federal laws as a basis for a cause of action, it is generally not possible to sue the person who is causing the harassment if they are merely a coworker with no authority over the victim. 

Employer liability

In many cases, it is the employer that is technically responsible for a hostile work environment. This means that the workplace needs to take steps to stop harassment once it is reported, and train employees as necessary. There have even been cases where employers were sued successfully without any formal notice of harassment in their workplace, but merely because they allowed it to happen. However, as explained, some individuals within the company may technically be an employer as well with an affirmative duty to stop harassment. 

Is it practical to collect damages from an individual?

In any civil lawsuit, there are always concerns about the actual ability of the defendant to pay out any related damages. This is why businesses are often targeted in civil cases rather than individuals. They may have relevant insurance or other ways to actually pay out damages, where an individual person may not realistically be able to afford to compensate the victim, even if they are technically liable. 

However, there are some victims who want to sue out of principle rather than for more alone. Regardless of the motivation, victims may receive damages related to things like lost income and wages, costs associated with finding new employment, and treatment costs for counseling and therapy.

Legal advice from licensed attorneys

There are employment attorneys who can help with issues related to sexual harassment in the Corpus Christi area. Moore and Associates is a firm that deals with labor law problems and similar matters in Texas. 

Firm contact info:

Moore & Associates 

440 Louisiana Street, Suite 675, Houston, TX 77002 

713-222-6775 

www.mooreandassociates.net

How much compensation can a victim of sexual harassment expect from a lawsuit in Plano?

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Plano, TX – The amount of compensation available to anyone who files a lawsuit can vary greatly depending on the specifics of their situation. Most times, there is a fact intensive inquiry related to specific losses, and the plaintiff must be able to give evidence related to any compensatory or economic damages. However, for sexual harassment cases there are a few specific types of damages available, and federal claims also have an absolute damage car that varies with the size of the employer.  

Lost wages and income

The main type of compensation that is available to victims of sexual harassment is payment for various types of losses related to their income and job duties. This can include wages that were lost as a result of the illegal behavior, costs associated with finding new employment, benefits that were not paid properly, and additional sources of potential income such as lost promotions. There are also ways to calculate potential future lost income and front pay if the victim left their job and cannot be returned to their old position for any reason.  

Punitive damages

In all civil cases, it is possible that a defendant can be made to pay punitive damages as a punishment for illegal behavior that is malicious, reckless, or intentional. However, these kinds of damages are not always awarded, even if the plaintiff is successful. There needs to be a finding that the employer or at least their human resources department knew about incidents of sexual harassment, but did not correct the problem. 

Damage limits on federal harassment claims

All sexual harassment lawsuits have absolute damage caps that vary depending on the size of the employer. This means that the victim’s compensation will not exceed these amounts even if their actual costs for economic and punitive damages were higher. For employers with between fifteen and one hundred employees this limit is $50,000. When the employer has over one hundred, but less than two hundred employees, the cap is set at $100,000. For very large employers with over 500 employees, the limit is $300,000. This means that harassment victims should not expect to receive millions of dollars from their employer regardless of the gravity of their behavior. 

Legal fees

As with most civil cases, the losing party must pay the other side’s court costs and attorney’s fees. 

Assistance with a labor law case

Moore and Associates is a trusted employment law firm that deals with discrimination, harassment, and unpaid wage claims in Plano and other parts of Texas. Their attorneys can provide guidance throughout the process to sue a workplace.  

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

What are the rules against sexual harassment used in workplaces in Laredo?

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Laredo, TX – Workplaces are given guidance by the federal and local government regarding what kind of behavior causes sexual harassment and how it can be avoided. Many workplaces will utilize this information to create their own policies and monitor the behavior of their workers. When a violation of sexual harassment rules and policies happens, they also need to have a system in place to report problems and the employer should take appropriate action. 

Fraternization between employees

Some workplaces will choose to restrict or ban romantic relationships between workers. This is done to make harassment claims and issues with favoritism and conflicts of interest less likely. Workplaces have some discretion regarding what kinds of relationships they want to ban, but dating between supervisors and their subordinates is almost always prohibited.  

Management asking for favors in returns for promotions

One of the most common types of harassment is when a manager or supervisor requests sexual favors in return for promotions, raises, benefits, bonuses, or job retention. This is called quid pro quo harassment. It is illegal and all workplaces should ensure that this kind of behavior does not happen, or that it is quickly corrected if anyone in management is doing these sorts of things. 

Workplace content and conversations

Employees should be instructed to not have sexually explicit conversations while in the workplace or share any pornographic materials. When these items offend certain workers, they may be able to make a claim that there is a hostile work environment if such conduct is tolerated and becomes pervasive to the point that it affects the ability of certain people to work. 

Excessive pursuit of romantic relationships and stalking

If one employee is constantly asking another on dates and making unwanted advances, this may become sexual harassment or even lead to criminal stalking charges. An employer can be implicated in a lawsuit if they do not fix these issues and allow the victim to be harassed on multiple occasions. The victim should report such conduct as soon as possible and make the other person aware that their conduct will not be tolerated. 

Physical contact

This rule should be obvious, but any kind of physical contact between workers should be prohibited. It is possible that the person responsible for these actions may also be guilty of crimes such as assault. 

Help with employment law problems

Moore and Associates is an employment law firm that focuses on sexual harassment lawsuits and other labor issues in Laredo and the rest of Texas. People who have questions about possibly suing an employer can contact the firm to learn more. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How can a worker in Lubbock check for missing wages?

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Lubbock, TX – Unpaid wages and wage theft are common issues that result in lost money for workers in Texas and the rest of the United States. Employees have a right to be paid properly, and they can bring the issue to the attention of their employer and get legal help if it is still not resolved internally. The employer will ultimately have to pay any legitimately earned wages that were missing from the worker’s paychecks.  

Checking deductions

Pay statements will include some legitimate deductions for taxes, social security, and a few other things. However, some employers deduct items from a worker’s pay that are not legitimate. This should be reviewed with the company’s payroll or accounting department. The affected worker can also ask for professional advice from someone outside of the company, such as an attorney or other person with a background in payroll issues to see which deductions are allowed by law. 

Unpaid tips or issues with workers who receive tips

Employers are not allowed to keep a worker’s tips, and their wages must still meet the state minimum wage for all hours worked. A person who receives tips as most or all of their wages should check to see that they receive all of their earned tips, as well as making sure that their pay is also at or above minimum wage regardless of the amount of tips they receive during any shift. 

Wrong employee classification

A worker may be told they are an independent contractor, salaried worker, or other improper classification as a way for the employer to avoid overtime pay and certain other benefits. There are some exceptions, but most workers should be paid at an hourly rate, and they are eligible for overtime. The worker should also check the definition of a work week, to ensure that the employer is factoring the possibility of overtime into any seven day consecutive period. 

Unpaid work

Some workplaces regularly ask workers to do certain things before or after ending their shift. Any work that is done at the employer’s direction needs to be compensated at the appropriate rate. The employer is not allowed to make excuses such as the work being done as a favor, and the worker is entitled to be paid regardless of the employer’s reasoning behind any tasks. The employer is absolutely not supposed to expect that the worker will labor without being paid.  

Help with labor law problems

Workers in the Lubbock area who need assistance from a licensed lawyer can contact Moore and Associates. The firm is a trusted resource for workers who need help with illegal actions by an employer. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

What are the most important things a victim of harassment should do in Irving?

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Irving, TX – Many workers throughout the state of Texas and the rest of the United States become victims of sexual harassment each year. Anyone who wants to preserve their rights, hold the relevant person or business responsible, and file a lawsuit should take a few important steps to aid their chances of success in any legal action. 

Notify the person responsible and the employer

As soon as possible after an incident or repeated unwanted advances, the victim should tell the perpetrator and their employer. This will help create some kind of formal record with the workplace, and the person or people responsible will be put on notice that their actions are unwelcome. Waiting to give notice may allow the behavior to continue for longer than necessary. 

Find any related evidence

Workplace harassment may be captured through emails, text messages, video surveillance, and witness testimony. The victim should see if they can obtain any of this evidence on their own, or keep it if they already have access. Hard evidence of sexual harassment is important, as cases involving only verbal accusations are much less likely to succeed if there is any formal legal action taken. 

Contact human resources and review their sexual harassment policy

Almost all employers should have some kind of written harassment policy. This outlines what kind of behavior is prohibited and may also provide information about how claims from victims are investigated. Knowing the policy is also important to show that the person or individuals responsible have already been informed that their inappropriate behavior is not supposed to take place. Most employers who take allegations of harassment seriously should start their own investigation to confirm whether the harassment happened and hold any relevant individuals accountable. The human resources workers may be able to stop any problematic behavior before escalation is necessary.  

Taking formal legal action

There is a process for sexual harassment lawsuits where the relevant employment commission or labor board needs to be contacted first based on the worker’s location and type of employer. After the board is notified, they may start their own investigation and give the victim a right to sue letter at a later time. Labor boards are given authority to discipline or sanction employers. The victim can also contact their own lawyer and get help with this process before a lawsuit is filed. 

Help from labor attorneys in Texas

Moore and Associates is a labor law firm that focuses on helping local clients in Irving who have become victims of sexual harassment. Their lawyers can provide advice and representation throughout the process of a lawsuit and all related issues. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How does a victim of sexual harassment know when they need to file a lawsuit in Garland?

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Garland, TX – Unlike many other types of civil lawsuits, there is a specific process for a victim to start to report sexual harassment before they are able to sue. However, the victim can speak with a lawyer early in the process and start to receive guidance immediately. This procedure can involve actions at the workplace, reports to an employment commission, and a formal lawsuit as a last resort.

The steps before the lawsuit

A victim may experience one serious incident of harassment or multiple inappropriate acts in the workplace, then they can start to take action. It is best for the victim to not wait too long, as all civil lawsuits have a statute of limitations and it is more difficult to gather evidence after months or years have passed.  

The victim should formally tell the person or people responsible for the harassment that their behavior is inappropriate and unwelcome. This can create a record that those responsible were warned and that their behavior was not acceptable. 

The next step is for the victim to also give their employer some kind of notice. This is done through a human resources department or other individuals at the company. Victims should not have to report harassment to their direct boss or superiors. It is also important for the victim to remember important details of this process such as when and where the harassment took place, as well as the date that they informed their employer. 

The formal complaint

Workers can find a local agency or federal Equal Employment Opportunity Commission to file a complaint against their employer. Legal assistance is recommended during this process, as the complaint and investigation process has a number of formalities that need to be observed. The commission that is active in the jurisdiction has the authority to not only investigate the employer, but make recommendations and take more serious actions such as issuing fines and sanctioning the workplace.  

A civil harassment lawsuit 

After these remedies are exhausted, the victim will normally receive some kind of acknowledgement from the commission that they have the right to sue their employer. At this point, the victim’s attorney can file a formal complaint that details the allegations of harassment, and asks for specific financial remedies such as lost wages and the costs associated with finding new employment. However, the victim does not need to have lost their job to take legal action and ask for compensation. The attorney may also start to collect hard evidence from the workplace during the discovery process, as there will need to be more than the victim’s words and testimony to succeed in the case.

Local attorneys can help

Moore and Associates handles harassment cases in Garland and other parts of Texas.

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

How do workplaces in Texas balance concerns about sexual harassment with free speech?

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Amarillo, TX – There have been many sexual harassment lawsuits that are based on verbal conversations and words that would otherwise be protected in a non-workplace setting. The boundaries between protected speed and what can be considered sexual harassment are not always clear, and courts who have addressed the issue do not have a perfect solution. Workplaces should be aware that they will be held responsible for sexual harassment, even if it only involves words, therefore they should try to educate workers about the type of speech that can cause problems at work. 

The theoretical problem with restrictions on speech

One of the main issues with speech that tends to be prohibited under sexual harassment laws is that content based restrictions on words have consistently been struck down in First Amendment cases. This would mean that when a workplace, especially a government employer, tells a worker that they cannot say certain things, they are actually violating rights that would be guaranteed in the constitution outside of the workplace.

However, there have been some restrictions on free speech over the years when there is a danger of imminent harm or other serious consequences. This is done out of concern for balancing the victim’s rights and overall public safety against types of speech that are likely to become violent or harmful. 

Application of sexual harassment protections 

In practice, workplaces can very much be sued for speech among employees that creates a hostile work environment. If the conduct is pervasive enough that it borders on stalking, threats, or other criminal activities, this level of harassment is certainly not protected speech. Employers should feel free to take action to correct these problems quickly to minimize their own liability and potential for financial losses. There may be intervention by a labor board if allegations of sexual harassment are pervasive and need to be investigated independently. 

Legal advice about harassment and other rights.

Because the intersection of sexual harassment issues and other laws can be confusing and difficult to sort out, it is recommended that workplaces get legal assistance when creating sexual harassment policies, and victims do the same to protect their rights. In most cases, anyone who has met the elements of harassment does not need to fear that their claim will be defeated by other constitutional concerns, as various federal and state laws have made sexual harassment illegal. 

Meeting with labor lawyers in Texas

Employment law matters can be complex and require assistance from an experienced firm. Moore and Associates is able to assist people who have had problems with sexual harassment, unpaid wages, or discrimination in the Amarillo area. 

Firm contact info:

Moore & Associates

440 Louisiana Street, Suite 675, Houston, TX 77002

713-222-6775

www.mooreandassociates.net

What happens during personal injury settlement negotiations in Louisiana?

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Baton Rouge, LA – Accident victims will often need compensation sooner rather than later to start paying their medical bills and other costs. Settlement agreements have become the preferred method of ending cases, as they tend to be more efficient than trials and result in less legal fees for the client. However, attorneys who negotiate on behalf of their clients still need to be mindful of certain procedures and tactics that will help their client receive the most compensation possible. 

The starting point

When the victim’s attorney files a complaint in the local civil courts to begin the case, they will list all of the relevant damages tied to their injuries. This includes the victim’s lost income, costs for medical treatment, medications, property damage, and non-economic harm tied to pain and suffering that is quantified into an amount that reflects reductions in their quality of life. This is usually the plaintiff’s starting point for negotiations, as it represents the maximum amount, or close to the maximum, that the party would expect to receive through the conclusion of the case.  

Insurance companies may also receive a similar document that lists an ideal amount of damages through a demand letter prepared by the plaintiff’s attorney. 

Deciding on the amount of compensation

The defendant will normally look through the list of damages and any evidence received during the discovery process. There may be some dispute as to what the plaintiff actually needs to cover their losses or the extent of their injuries. It is a common negotiation tactic for the victim to start with a much higher number than they know they will actually receive. It is also normal for an insurance company or the defendant to offer a low settlement amount to start their side of negotiations. Experienced injury lawyers know how to utilize evidence during this back and forth process to maximize their client’s compensation amounts. Insurance companies also often utilize delay tactics to frustrate the victim and their lawyer.  

Acceptance of an offer

At some point, there will need to be an acceptance of the offer to end the litigation. This normally includes a written acknowledgement that all legal action related to the incident will end permanently, and there can be no more lawsuits or other actions taken to receive additional compensation, even if more injuries or damage is discovered at a later time. 

Local injury firms in Louisiana

Miller, Hampton, and Hilgendorf is a firm that deals with various kinds of injury and accident cases in the Baton Rouge area. Local clients who need legal advice can get in touch with the firm to have their questions answered. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com