About Judy Malmon, J.D.

Judy Malmon, J.D. Articles written 145

Judy Malmon has blended law and writing throughout her career. She got her J.D. from University of California, Davis and practiced elder and disability law in California and Minnesota. She honed her writing by drafting appellate decisions in a nationwide class action, writing blogs for law firms, and writing for Westlaw. She loves digging into everyday legal questions, deciphering the complexities of law, and telling personal stories.

Articles written by Judy Malmon, J.D.

College Plans That Save Headaches as Well as Money

If you’ve been living in a cave, here’s a news flash: College costs have gotten really expensive. And yet, those with a college education continue to out-earn those without a degree. If you’re saving for college expenses, there are savings and investment options to get more bang for your postsecondary buck through tax advantages, particularly if you’re able to start planning well ahead of the first day of classes. “There are a lot of factors to take into consideration. Each family has …

You Don't Have To Be Buzzed To Get Busted for DUI in Utah

We all know that substances and driving motor vehicles don’t mix. It’s always wise to find another way home after you’ve had a few. Several states have upped the stakes for DUI in recent years, tacking on harsh first-time penalties like license suspension, stiff fines, and even jail time. Utahans are even more at risk for such penalties following a DUI arrest.  Utah’s New Legal Limit for BAC Levels In 2018, the Utah state legislature lowered the legal blood alcohol content (BAC) …

Does a 529 Plan Lower Your Taxable Income?

Students and parents know well the costs of a college education. While we hope a degree affords opportunity and increased income, you also don’t want to strap yourself or your kids with years of debt. It’s important to start as early as possible by contributing to a college savings plan that grows tax-free. Most estate planning attorneys and financial advisors recommend a 529 plan for this education savings purpose. A “529,” also known as a Qualified Tuition Program (QTP) is a …

Can You Drive With an Open Container of Alcohol in Your Car?

Drinking while driving is clearly illegal. Drinking while in the comfort and safety of your home is generally legal, at least if you’re of legal drinking age. What about a situation between these two clear examples: Can you have an open container of alcohol in your car while driving? As with many legal answers, it depends on the state. In compliance with federal laws banning open containers of alcohol, most states, from New York to Texas, have enacted laws that prohibit both: The possession …

Should I Consider a Short Sale?

A short sale is an alternative to foreclosure in which a homeowner faced with losing their property sells their home for less than the remaining debt owed. The mortgage lender accepts the sale price as payment of the mortgage balance, even if it is less than the amount the borrower owes. Bank approval for the short sale process can take longer than a typical home purchase. A short sale can mean a good deal for the borrower and lender, though the process also presents additional complications …

Utah's Metabolite DUI Law Doesn't Require Impairment

More and more states are legalizing the use of marijuana, whether recreational or medically prescribed, including several on Utah’s borderlines. With legalization has come increased concern about impairment while driving. Marijuana may be legal, but it can still compromise your ability to safely operate a motor vehicle. Most states now have laws that treat drug impairment similarly to alcohol when it comes to a DUI, including Utah.  Assessing Drug Impairment Is Complicated Assessing …

What Is a Hardship License?

There are several reasons why you may have your driver’s license suspended in the state of Louisiana. One of the most common reasons is a DWI (driving while intoxicated) violation. Driver’s License Suspension for a Louisiana DWI If you’re over 21 years of age and arrested for a DWI: Louisiana will suspend your license and driving privileges for 90 days For a second offense within five years, your license will be suspended for one year. Refusing to submit to a blood alcohol concentration …

Getting Out of a Timeshare Can Be Tricky: Legal Pitfalls and Solutions

Resort vacations are a dream for many, and the timeshare industry put it within reach of many middle-income Americans. However, with the increase in timeshare sales also came predatory schemes, including misrepresented benefits and no exit from ever-increasing fees. While some timeshare owners remain content, others feel stuck. Many timeshare owners end up with something they rarely use and the burden of annual maintenance fees and hassles. What can they do to end this timeshare agreement? A …

Passing on the Minnesota Family Cabin

With the aging baby boomer generation, more families will be facing decisions about what to do with family vacation property. You may have a lake cabin or wilderness retreat that has been the family headquarters for relaxation and family memories dating back to your children’s earliest memories (or possibly even your own). Now, you’re wondering as cabin owners, how you can protect this real estate for future generations, keeping things fair and harmonious passing down to your children and …

Sick of Dealing With Security Deposits?

As a landlord or tenant, security deposits can present inconvenient hurdles to entering into a written lease agreement. Landlords want to protect their rental unit by ensuring payment for potential future damages, but also a good relationship with their tenants, with little hassle or administrative burden. A tenant also wants this but may find it challenging to come up with three months’ worth of rent at the same time as incurring moving expenses. Particularly in situations where a landlord …

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