I value family and marriage.  With that said, I also recognize that often, because of the decisions of one or both of the parties, some people need to be divorced.  I help people who need a divorce.  However, unlike many other attorneys, I do not simply advocate with the court so that people’s property can be divided.  I provide resources to help my clients not only deal with the stress, anxiety, and emotional distress caused by an ongoing divorce, but also to make their divorce the first step toward a healthy, happy, and productive future.

Why is overall wellness an essential part of a divorce? Many people who are pursuing a divorce have children that still need both of their parents to raise them and be good examples for them.  It can be difficult to raise a child properly if you are suffering under the intense stress, anxiety, and other emotional trauma caused by a divorce.  It can also be difficult to perform in your work, or find a new job, if you feel depressed, sick, or otherwise unhealthy.  For many people, they have relied heavily on their spouse to arrange insurance, retirement, home repairs, and other services that are essential to a family.

I maintain a circle of trusted professionals who can help with all of these critical issues.  I work with therapists, chiropractors and massage therapists, insurance providers, financial advisors, real estate agents, CPAs, wellness professionals, and others to ensure that my clients have resources to help them deal with the immediate physical and emotional side effects of divorce, and to move forward with their life.  I also wrote The Utah Guide to Divorce which outlines the law regarding issues which normally arise in a divorce so my clients can study and understand how their divorce works in the comfort of their own home.

What does this service cost?  I do not charge my clients to provide these resources to them.  And, many of the professionals with whom I associate, do not charge my clients for their initial visit.

So, if you know someone who is dealing with a divorce or custody dispute, have them give me a call.  I will provide a customized legal approach to their case, and provide resources to help them cope.

 

Protecting Your Most Important Asset

Summer is fast approaching.  With school about to get out, people shift their focus away from conflict, and narrow in on their family and loved ones.  The same shift occurs in the legal field as potential clients think less about litigation and more about the people who are most important to them.  For that reason, I am focusing this article on protecting those most important assets in our lives, our loved ones.

When I ask people if they have an estate plan, most people ask me what an estate plan is.  “Is that like a trust or a will?”  Together with not knowing what exactly an estate plan is, most people I speak with do not think they need a plan until they are old and rich.  Let me clarify what an estate plan is and who should really have an estate plan.

An estate plan consists of several documents which protect different parts of your overall estate.  For example, most basic estate plans will include a trust, a pour-over will, a power of attorney, and a health care directive. Generally speaking, a trust will protect your property, a will protects your children, a power of attorney assists you, and a health care directive ensures your health care needs are cared for properly in the event you are unable to speak for yourself.

I think we can all agree that our most important assets are our children.  If you have minor children, you need an estate plan.  As mentioned above, a will provides for who and how your children will be cared for in the event both you and your spouse pass away.  I understand that the thought is almost unthinkable, but imagine if the unthinkable occurs, and you have left no direction for who should care for your children and how they should be cared for?

A will can provide for who will take care of your children in the event you and your spouse are no longer around to do so.  Your trust can create trusts with rules to ensure that any assets and insurance money you leave to provide financially for your children are used properly to meet your children’s needs.  By creating an estate plan you can avoid placing your relatives or close friends in a position where they have to fight over your children.  Your will gives the Court direction on how and who you wanted to care for your children, so that the Court, which knows little about your children or your relatives, is not forced to simply make a decision about the custody of your children.  If, for example, you trust the care and upbringing to one relative who is really good with children, but would prefer your other relative who is a CPA to handle your children’s finances, you can do that.  Your preference will be strongly considered by the Court in determining who cares for your children if you are no longer able.  If you do not leave direction, then your relatives are left to petition the court and argue over who should be the caregiver of your children.  Why would you ever allow someone else to decide who cares for your children?

So as we approach the summer season, consider creating an estate plan to ensure that your most important assets, your children, are protected in the event the unthinkable occurs.

About the Author:  Ammon G. Nelson currently sits on the Board of the Weber Davis Estate Planning Council.  He has created estate plans for people with a house and minor children, for people with multi-million dollar estates, and for people with estates somewhere in the middle. If you have questions about creating an estate plan for your family, you can call Ammon Nelson Law at 801-668-2490.

Tips on What to do If You are in a Car Accident

I help people who have been injured in car accidents.  The moments after a car accident are stressful and overwhelming.  Here are a few tips on what to do if you are in a car accident that may help your injury case:

Always call for medical help if someone is injured.  The health and well being of everyone involved should be everyone’s priority.

Call the police.  The police will take statements and document important information.

Take pictures and notes.  Take pictures of the accident from several different angles.  Take pictures of anything that may have caused the accident.  Document the license plate number, make, model, and year of the other vehicle.  Document the weather, time of day, names and addresses of any witnesses (passengers are not witnesses), and draw a diagram of how you believe the accident.

Never blame anyone, including yourself, for the accident.  Admitting guilt could hurt your case, and in reality, you may not have been the cause of the accident.

Do not speak to anyone from the other party’s insurance company.  They record all of your statements, and they sometimes try to trick you into admitting guilt.  Those statements could hurt your case.

NEVER sign anything given you by an insurance company.

Do not leave the scene of the accident until the Police say it is ok.

You should call an attorney as soon as you are able after an accident.  The earlier your attorney is involved, the better he/she will be able to advise you and protect your case.  When choosing an attorney you should look for an attorney who will handle the claim himself, and not pass it off to a paralegal.  Look for an attorney who is willing to deal with the insurance adjusters for you, personally analyze you medical bills, who will help you settle your personal property damage claim, and who will put you first.  I work hard for my clients, no matter the value of their case.  It is important to me that they heal, and that they are compensated for injuries they suffer because of the negligence of another.  If you know someone who has been injured, give me a call!