About Judy Malmon, J.D.
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.
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?
You can drive with an open alcohol container in your car, but it creates a presumption the vehicle driver was drinking. It is illegal for a person operating a vehicle to consume alcohol under Virginia's open container law, and alcohol possession provides reasonable suspicion for a traffic stop, breathalyzer tests, and field sobriety tests to get probable cause for evidence of impairment. Other state statutes have statutory prohibitions for open alcohol containers in a vehicle interior, subject …
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
Utah's metabolite DUI law does not require actual impairment of marijuana for criminal penalties. Utah's drug metabolite law has strict liability for anyone with a measurable trace of illegal drugs based on a blood test, with no impairment required for a DUI conviction. Implied consent laws require chemical testing after a traffic stop arrest, or you can face a license suspension for refusal. Your defense attorney can challenge the evidence collection, traffic stop, or use an affirmative …
What Is a Hardship License?
A hardship license allows for restricted driving privileges after a license suspension due to a DUI conviction. Drivers can apply for a restricted license for essential travel, including employment transport and medical travel, when they meet the legal eligibility requirements. Drivers can obtain a valid driving permit through a DMV application, an administrative hearing, or by waiting for license reinstatement. Eligibility may require a mandatory waiting period, ignition interlock, proof of …
Getting Out of a Timeshare Can Be Tricky: Legal Pitfalls and Solutions
While some timeshare owners are content with their investment, others feel stuck with something they rarely use. Timeshares can come with annual maintenance fees and hassles, whether you use the property or not. Unfortunately, it is often difficult to end a timeshare agreement. Before paying the upfront costs and signing a timeshare contract, make sure you understand your legal options. Many states allow you to back out of a timeshare within a certain period. For legal advice on timeshares, …
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 …
Pay Secrecy Policies: That's a No-No!
If you'd rather not talk about how much money you make with your coworkers, that is certainly your business. But if your boss or coworkers have told you that you can't discuss pay, that's illegal. There is a lot of misinformation out there about workers discussing compensation. Some employers try to keep compensation secret so they can pay some workers less than others. It's important to understand pay secrecy laws and ensure you get the compensation you deserve. Talk to a local employment …
Can My Boss Make Me Wear That?
An employer can make you wear uniforms, have a professional appearance, and require workplace safety gear. Employer mandates in employee handbooks or employment contracts must apply hair style laws, hygiene standards, and personal grooming standards equally. Discrimination laws require employers to make reasonable accommodations, unless there is a business necessity. Religious accommodations include wearing religious headwear unless it interferes with necessary protective equipment. Some states …
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