This post is about how an international adoption attorney can help you. A substantial part оf thе аdорtiоn waiting mоmеnt iѕ tied uрwаrd with lаwful mаttеrѕ. Adoption lawyers аrе ѕignifiсаnt in аnу аdорtiоn procedure. If couples ѕеlесt tо аdорt сhildrеn, they must bе prepared tо get through a lawful process. Withоut thе аdорtiоn lawyer’s раrtiсiраtiоn, it would bе inсоnсеivаblе to gеt an аdорtiоn finаlizеd giving thе аdорtivе раrеntѕ соmрlеtе mаtеrnаl rightѕ tо thе аdорtivе child. During an аdорtiоn, thе adoptive раrеntѕ аrе required tо lоdgе a request with the соurt. In thiѕ rеԛuеѕt the аdорtivе раrеntѕ have tо offer аll ѕоrtѕ оf dаtа inсluding thе child’s birth сеrtifiсаtiоn or birth арроintmеnt аnd рlасе of birth, an аѕѕеrtiоn of thе lаwful cause whу the birth parents’ rightѕ аrе being terminated, and rеѕресtivе nеw nееdеd dеtаilѕ. Adoptive раrеntѕ mау bе сараblе to finish thiѕ request thеmѕеlvеѕ fоr compliance tо thе court. However, they wоuld unԛuеѕtiоnаblу bе аdvаntаgеоuѕ thrоughоut a рrосеѕѕ such as this. During thе finalization рrосеѕѕ оf the аdорtiоn, it might help tо hаvе оnе рrеѕеnt. Tо finalize аn аdорtiоn, the adoptive parents muѕt аttеnd a hеаring. Thiѕ hеаring uѕuаllу tаkеѕ рlасе within a уеаr аftеr a child is рlасеd in the home. An аdорtiоn agency will help thе аdорtivе раrеntѕ through this process but perhaps thеу would bе a gооd asset in thе legality issues invоlvеd. During thiѕ timе thе аdорtivе parents аrе grаntеd реrmаnеnt custody of thеir adoptive сhild. An аdорtiоn lаwуеr wоuld bе hеlрful tо mаkе ѕurе thе dосumеntѕ were legal аnd in tасt. Whеn реорlе сhооѕе to аdорt intеrnаtiоnаllу, аdорtiоn lаwуеrѕ must bе thеrе. Thеrе are many lеgаl iѕѕuеѕ tо sort through whеn аdорting a child frоm a fоrеign country. Evеrу country has its оwn laws аnd rеgulаtiоnѕ. Bесаuѕе оf thе language bаrriеrѕ, it wоuld bе аlmоѕt imроѕѕiblе fоr thе аdорtivе раrеntѕ tо rеаd аnd understand аnу lеgаl dосumеntѕ drаwn uр in a fоrеign соuntrу. Adoption lаwуеrѕ, whо аrе аblе to translate thе documents, аrе a nесеѕѕitу in foreign аdорtiоn. Withоut thе help оf thеm, аdорtivе раrеntѕ may find thеmѕеlvеѕ facing gigаntiс challenges. Thеу hаndlе thе nittу-grittу’ѕ оf an adoption. Thеrе аrе mаnу dеtаilѕ tо ѕоrt thrоugh with adoption, еѕресiаllу fоrеign аdорtiоn. Dеtаilѕ ѕuсh as citizenship and nесеѕѕаrу rеgiѕtrаtiоnѕ ѕhоuld bе taken саrе оf bу аn аdорtiоn lаwуеr. Imроrtаnt mаttеrѕ whiсh affect аdорtivе раrеnt’ѕ аnd the аdорtivе сhild’ѕ lеgаl rightѕ, оught tо bе seen to by adoption lаwуеrѕ. Thеу аrе knowledgeable аbоut the adoption рrосеѕѕ. They аrе fаmiliаr with the lеgаl issues related tо thе рrосеѕѕ аnd thеу аrе likely knоwlеdgеаblе about lоорhоlеѕ аnd роѕѕiblе miѕtаkеѕ made in an adoption. Adорtiоn аgеnсiеѕ аnd non-profit adoption оrgаnizаtiоnѕ will likely hаvе thеir оwn аdорtiоn lаwуеrѕ whо handle аll of thе legal mаttеrѕ relative tо аn аdорtiоn. Thiѕ wоuld dеfinitеlу bе аn asset whеn going thrоugh аn аgеnсу tо adopt. This would еliminаtе the wоrrу of finding a gооd one for adoptive раrеntѕ. Thеir fees will no dоubt mаkе up a big portion оf thе аdорtiоn fееѕ. Hоwеvеr, unless thе legal mаttеrѕ аrе аddrеѕѕеd аnd tаkеn саrе оf рrореrlу, аdорtivе раrеntѕ may fасе problems with their аdорtiоn. They рrоvidе реасе of mind fоr adoptive parents. What do I need to know when adopting a child internationally?Family and Child Welfare Services (also called the department or division of child and family services in Utah) is committed to ensuring fair, equal, and transparent services for all those who apply to adopt. In addition to New York State regulations, there are international treaties that must be considered. To adopt a child from another country, you will most likely have an interview with a Country Specialist. To learn more about this process you should call competent adoption lawyers. To get started with your legal adoption, please call Ascent Law. We have helped families with adoptions from South America, Mexico, and other locations. Is it true that most of the children available for international adoption are from Eastern Europe?Yes and no. Some of the children available for international adoption are from Eastern Europe. In fact, about 45% of all children awaiting families abroad are located in the former Soviet Union. China is the second highest source country with a little over 20% of all children waiting to find a family in an international adoption and Russia is the third highest source country with a little over 10%. Are there any special language or medical requirements?Children adopted internationally are required to have a physical exam by a doctor at least one month prior to traveling to their new home and be current on all immunizations. Typically, if your child has a medical problem that might require some follow-up care, your social worker or doctor will give you instructions on how to handle that once you arrive home. Your child’s social worker may also be able to recommend resources if your child has language difficulties. Free Initial Consultation For International AdoptionIf you need legal help in Utah for an international adoption, please call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Estate Planning Eagle Mountain Utah Protecting Assets From Divorce Are You Being Harassed By Creditors Calling You To Collect? International Adoption Lawyer St. George UtahInternational Adoption Lawyer Ogden Utahvia Michael Anderson https://www.ascentlawfirm.com/international-adoption-lawyer/
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Child custody laws are federal and state laws that govern a parent’s legal authority to make decisions affecting a child (legal custody) and to maintain physical control over the child (physical custody). Child custody laws also pertain to the visitation rights of the non-custodial parent. Child custody laws exist to provide a legal structure for relationships between children and their divorced parents. Ideally, divorced parents should work together to have an amicable relationship and shared custody, but bitterness between divorced spouses and tendencies to involve children in marital and divorce disputes require child custody laws. Child custody laws help to define the family situation in terms of the best interests of the child or children involved in the divorce. Child custody laws can also be applied in cases when unmarried parents claim custody based on a biological relationship, when grandparents dispute the competence of the child’s parents, and when same-sex couples with adopted children separate. In some cases, custody may be granted to an individual or individuals not related (e.g., foster parents). In the United States, responsibilities for a child’s care and decision-making related to that care are governed by federal and state laws. In general, custody laws and custody decisions favor continued and frequent contact between the child and both parents, as well as an ongoing role for both parents in the raising of their children. However, custody decisions are strongly influenced by the circumstances of each individual case, the welfare of the involved child or children, and the perceived effect of each parent on the child. In almost all custody cases, courts consider a value called the “best interests of the child” as the highest priority when rendering a custody decision. The best interests of a child are determined by considering a number of factors, including the following: • child’s age, sex, and mental/physical health Most courts use the above factors to determine which parent can provide the child with a stable home environment and continuity of lifestyle. Child custody laws address several different types of parenting situations and custody circumstances. For the purposes of custody, legal definitions of parenthood are as follows: • Biological parents: The mother and father responsible for conception and birth of the child. Custody decisions involve physical and legal custody. Physical custody refers to the responsibility of taking care of the children (food, clothing, housing, etc.). Legal custody refers to the responsibility for decisions that affect the child’s interests (medical, educational, and religious decisions, etc.). In 20 states, custody is divided into physical custody and legal custody; in the remaining states, physical and legal custody are not considered separately, and the term “custody” refers to both responsibilities. In states that do not distinguish between physical and legal custody, the term “custody” implies both types of responsibilities. Custody decisions by a court of law designate joint custody between two parents or primary custody for one parent (the custodial parent) and visitation rights for the non-custodial parent. Custody decisions are described as follows: Courts in every state are willing to order joint legal custody; however, about half the states are reluctant to order joint physical custody unless both parents agree to it, the child’s lifestyle is not substantially disrupted (e.g., parents live within the same school district), and parents appear to be able to effectively and amicably cooperate with each other regarding their children. Primary or sole custody is usually awarded when parents live a significant distance from one another, when one parent can provide clear benefits for the child over the other parent, or when one parent is deemed unfit to care for the child. In some cases, neither parent is judged fit to retain custody, usually due to substance abuse problems, mental health issues, or prolonged absence or incarceration. In such cases, an individual or individuals other than the parents are granted custody or given a temporary guardianship or foster care arrangement by a court. In general, courts would prefer that a child remain with family members than be placed in foster care. Common Problems With Child CustodyUnfortunately, children are often involved in divorce and custody battles and, as a result, may suffer from psychological and emotional damage that will require counseling and therapy. In some cases, a child has the legal right to choose which parent he/she wants to live with. However, placing the responsibility of making such a decision on the child can cause internal conflict and emotional stress related to feeling that they have to choose one parent over the other. Parents should make every effort to keep bitter feelings between themselves and not involve children in their divorce conflict. Having the child attend regular therapy or counseling sessions can help the child’s adjustment to the divorce and changes in the living situation. Group therapy with other children in similar circumstances can be especially helpful. Although child custody laws were established to protect the best interests of the child, final custody decisions are not always best for the child. In some cases, the parent with the best legal representation, not necessarily the parent, who will provide the best care, wins custody. Parents may misrepresent their ability to properly care for children or provide false information about the other parent in order to win custody. An independent custody evaluator, usually appointed by the court, can help by conducting psychological evaluations of both parents and children to determine the custody arrangement that will be in the best interests of the children. Divorce and custody battles can create stress and worries for parents. In making custody decisions, courts look for responsible parents who are actively involved in the children’s lives. Liberal, unrestricted visitation for the non-custodial parent is often based on the relationship with children and the degree of involvement in the children’s everyday activities. Parents in same-sex relationships may have concerns regarding custody issues due to their sexual orientation. However, in a few states, a parent’s sexual orientation cannot in and of itself prevent a parent from being given custody or visitation rights. However, gay and lesbian parents may still be denied custody or visitation because many judges may be motivated by personal or community prejudices. Stepparents may face a similar situation, since stepparents, unless they legally adopt a stepchild, have no legal rights with regard to custody or visitation. In cases in which a stepparent may provide a more stable environment for a child than the biological parents, judges may still favor biological parents due to personal and societal beliefs about what constitutes a “normal” family. Types of Child CustodyPhysical CustodyPhysical custody means that a parent has the right to have a child live with him or her. Some states will award joint physical custody when the child spends significant amounts of time with both parents. Joint physical custody works best if parents live relatively close to each other, as it lessens the stress on children and allows them to maintain a somewhat normal routine. Where the child lives primarily with one parent and has visitation with the other, generally the parent with whom the child primarily lives (called the “custodial” parent) will have sole or primary physical custody, and the other parent (the noncustodial parent) will have the right to visitation or parenting time with his or her child. Legal CustodyLegal custody of a child means having the right and the obligation to make decisions about a child’s upbringing. A parent with legal custody can make decisions about the child’s schooling, religious upbringing and medical care, for example. In many states, courts regularly award joint legal custody, which means that the decision making is shared by both parents. If you share joint legal custody with the other parent and you exclude him or her from the decision-making process, your ex can take you back to court and ask the judge to enforce the custody agreement. You won’t get fined or go to jail, but it will probably be embarrassing and cause more friction between the two of you which may harm the children. What’s more, if you’re represented by an attorney, it’s sure to be expensive. If you believe the circumstances between you and your child’s other parent make it impossible to share joint legal custody (the other parent won’t communicate with you about important matters or is abusive), you can go to court and ask for sole legal custody. But, in many states, joint legal custody is preferred, so you will have to convince a family court judge that it is not in the best interests of your child. Sole Custody (Sometimes called Full Custody)One parent can have either sole legal custody or sole physical custody of a child. Courts generally won’t hesitate to award sole physical custody to one parent if the other parent is deemed unfit — for example, because of alcohol or drug dependency or charges of child abuse or neglect. However, in most states, courts are moving away from awarding sole custody to one parent and toward enlarging the role both parents play in their children’s lives. Even where courts do award sole physical custody, the parties often still share joint legal custody, and the noncustodial parent enjoys a generous visitation schedule. In these situations, the parents would make joint decisions about the child’s upbringing, but one parent would be deemed the primary physical caretaker, while the other parent would have visitation rights under a parenting agreement or schedule. It goes without saying that there may be animosity between you and your soon-to-be ex-spouse. But it’s best not to seek sole custody unless the other parent truly causes direct harm to the children. Even then, courts may still allow the other parent supervised visitation. Joint CustodyParents who don’t live together have joint custody (also called shared custody) when they share the decision-making responsibilities for, and/or physical control and custody of, their children. Joint custody can exist if the parents are divorced, separated, or no longer cohabiting, or even if they never lived together. Joint custody may be: Pros and Cons of Joint CustodyJoint custody has the advantages of assuring the children continuing contact and involvement with both parents. And it alleviates some of the burdens of parenting for each parent. There are, of course, disadvantages: Physical and Legal Child Custody in UtahParents can work out their own custody arrangements or go to Utah family court and have a judge decide their case. In either situation, a custody order must address both physical and legal custody and meets a child’s needs. “Physical custody” is where the child lives. A parent with physical custody primarily lives with the child. Parents can share physical custody (called “joint physical custody”) or one parent may have “sole” or “primary” physical custody. Your custody order will dictate how much time each parent spends with the child. Parents with joint physical custody will spend substantial, but not necessarily equal amounts of time with the child. The parent who spends the most time with the child is typically designated as the “custodial parent”. The other parent is called the “noncustodial parent.” “Legal custody” refers to a parent’s right to make major educational, medical, religious, legal, or cultural decisions on the child’s behalf. Like physical custody, parents can share legal custody or one parent may have sole decision-making power over the child. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree. Establishing Visitation Schedules With Child Custody In UtahUnder Utah custody laws, your custody order must set forth a visitation schedule covering weekly, monthly, holiday, and summer visits. Both parents are entitled to regular time with their child and neither parent can prevent visits. Even in cases where a parent has struggled with substance abuse or physical violence, a judge may award that parent visitation usually supervised. A noncustodial parent without joint custody is entitled to minimum visitation under Utah’s custody laws. Generally, this equates to one weeknight per week with the child and overnight visits every other weekend. A judge can award a parent additional visitation time, but not less. The Utah Courts website provides more information on child custody and parent-time in Utah. In limited circumstances where a child’s safety and well-being at issue, a judge may grant one parent only supervised visits. Supervised visits take place at a designated location or agency. A parent will be required to have his or her visits supervised until a judge can be sure a child is safe in that parent’s care. In situations where parents share legal custody, the custodial parent will still have the final say on decisions where the parents can’t agree. Utah courts decide child custody whenever parents can’t come to an agreement on their own. Yet even in cases where parents agree on custody and visitation, a judge will review a custody agreement to ensure it serves a child’s best interests. Utah family courts must consider several factors when deciding child custody in Utah, including: Free Initial Consultation with a Utah Child Custody Law FirmIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Notice Requirement Of Foreclosure In Utah Estate Planning Attorney Eagle Mountain Utah What Is A Brain Injury And Why Do I Need A Lawyer? Are You Being Harassed By Creditors Calling You To Collect? Child Custody St. George Utah Law OfficeChild Cusotdy Ogden Utah Law Officevia Michael Anderson https://www.ascentlawfirm.com/utah-child-custody/ The definition of debt collection harassment is to intimidate, abuse, coerce, bully or browbeat consumers into paying off debt. This happens most often over the phone, but harassment could come in the form of emails, texts, direct mail or talking to friends or neighbors about your debt. Collection agencies are permitted to recover the money owed to creditors. They are not permitted to use deceptive or threatening techniques to do so. The Consumer Financial Protection Bureau (CFPB) said it received more than 163,000 consumer complaints concerning debt collection in just two years. The Federal Trade Commission (FTC), which regulates the debt collection industry, said that no other industry receives more complaints. Collection agencies are most often chasing debt related to medical bills. The other major areas are credit card and student loan debt or auto loan and mortgage payments. The Urban Institute estimates that roughly 77 million Americans, or 35% of adults with a credit file, have debt in collection. Not counting mortgage debt, adults owe an average of $5,178 for medical, credit cards, or utility bills that are past due. Their median debt (half owes more, half owe less) is $1,349. Summary of FDCPAThe FDCPA originally was passed in 1977 and amended in 1996 as a response to the alarming number of complaints about methods collection agencies were using to force people to pay their debts. Be advised that the FDCPA does not apply to the original creditor, only to debt collection agencies. The FDCPA says this about harassment: “A debt collector may not engage in any conduct the natural consequence of which is to harass, oppress, or abuse any person in connection with the collection of a debt.” That seems plain enough, but the law gives more than 50 examples of what that means, including: • Use of threat, violence or other criminal means to harm a person, reputation or property If any of these apply to your case, notify the collection agency with a certified letter that you feel you are being harassed. Send a copy of the letter to the original creditor, who could offer to cancel the debt or settle at an agreeable rate in order to avoid liability. Steps To Stop Debt Collector HarassmentYou might have a creditor who calls too often, uses profane or obscene language, threatens violence, sends harassing text messages, or more. Fortunately, there are legal actions you can take to stop this harassment: Write a Letter Requesting To Cease CommunicationsThe first thing to do is to write the debt collector a letter telling them to stop calling you. You can use the sample letter language here. Under the FDCPA, they must follow your written request for no contact. If they do not, you can report them to the Federal Trade Commission (FTC). Keep in mind that the debt won’t just go away because of a letter. You must: Document All Contact and HarassmentBe sure to document all illegal behavior. Any conduct prohibited by the FDCPA should be documented immediately. Keep a log of all of the debt collector’s harassment. You may even want to consider having another person present during debt collector phone calls or communications. Some people even record their conversations with the debt collector without telling the debt collector. This is illegal in some states, so be sure to check your own state’s laws. File a Complaint With the FTCIf the debt collector continues to harass you, file a complaint with the Federal Trade Commission by reporting the company online. In your complaint, be sure to include: File a Complaint With Your State’s AgencySending a complaint to your state’s agency that deals with creditor harassment is a good idea. You should also send copies to the collection agency and the original creditor. In some cases, concerned for their own liability, the debt collector may offer to cancel the debt if you withdraw the complaint. This would be a great outcome for you because you could avoid the debt, the harassing communication would stop, and you could avoid potentially long proceedings by the Federal Trade Commission. Consider Suing the Debt Collection Agency for HarassmentAnother option is to sue the debt collector. Only consider this option if you have an extreme debt collector harassment case, not just because the debt collector is annoying. If you lose your case, the court could make you pay the debt collector’s court costs and attorney’s fees. The FDCPA is a “strict liability” law. This means that you do not have to prove any actual damages. You have one year from the time the debt collector violated the law to sue for damages in state or federal court. You can be awarded up to $1,000 plus attorney’s fees just because the debt collector violated the law. Furthermore, if you can show actual damages, such as the cost of switching a phone number, you can recover those damages as well. Remember, your debt will remain valid even though the collector violated the law. If the debt collector proves that the violation was unintentional and resulted from a “bona fide error,” despite the company’s procedure to avoid such errors, they could escape liability. How To Stop Collection Phone CallsCollection agencies are infamous for violating the rules against constant and aggressive phone calls. It is the one area that causes the most controversy in their business. It’s hard to avoid the first phone call from a collection agency, but once you’ve heard from them, there are steps you can take to stop the calls altogether. The first move is to wait for the collection agency to send a validation notice. They are required by law to send you a validation notice within five days. The notice must tell you how much money you owe, who the original creditor is and what to do if you don’t think you owe the money. After the first call, FDCPA rules permit debt collectors to make calls between the hours of 8 a.m. and 9 p.m., but with very severe restrictions meant to protect privacy. The collection agency must identify itself every time it calls. It may not call the consumer at work. It may only call the consumer’s family or friends to obtain accurate information about the consumer’s address, phone number and place of work. Most importantly, if a consumer does not wish to be called by a collection agency, he can either hire an attorney and refer all phone calls to the lawyer or submit a cease-and-desist letter, sent by certified mail, to the collection agency advising them that they may not contact you. When the collection agency receives the certified letter, it can’t contact you except for two reasons: First, to let you know it received the letter and won’t be contacting you again and second, to let you know it intends to take a specific action against you, such as filing a lawsuit. Sending a certified letter to the collection agency doesn’t mean you no longer owe the money, it simply means that the collection agency will have to take another route to get paid. Debt Collectors Calling at Work?Debt collectors can call you at work, but there are specific limitations on the information they can obtain and a simple way for consumers to stop the calls. If your employer does not allow you to receive personal calls at work, tell the debt collector that and he must stop calling you there. When debt collectors call your employer, there are the limitations they must abide by: • They can’t identify themselves as debt collectors or say that you owe a debt. If they do, they have violated your rights and you could contact an attorney to file a complaint. • They may ask for your contact information, meaning your phone number and address and verification of employment. They can’t discuss the debt with your employers or co-workers. • If the debt collector has won a court judgment against you that includes permission to garnish your wages, he may contact your employer. The employer can’t fire you for one wage garnishment, but could fire you for multiple garnishments. • If the debt collector calls repeatedly at work to harass, annoy or abuse you or your co-workers, document the time and date and contact an attorney to discuss your rights. It’s possible the debt collector called your office by mistake because he was given the wrong contact information. If this happens, inform him that you are not permitted to take calls at work and follow up with a certified letter to reinforce the point and he must stop calling. If they continue to call you at work, write down the time and date of the calls and present them to a lawyer, who could bring a suit against the collection agency and recover damages for harassment. What If Harassment Goes On?Hiring a lawyer or sending a certified letter to the collection agency should stop harassing phone calls, but there is plenty of evidence that it does not always work. One reason is that collection agencies can resume contacting you if you don’t respond to the validation notice they send after the first call. Consumers have 30 days after receiving the validation notice to tell the collection agency that they don’t owe the money or ask for verification of the debt. If a collection agency sends verification of the debt (e.g. a copy of the bill), it may resume calling you. By then, it’s time to notify the collection agency that you have a lawyer or send a cease-and-desist letter, but even then, the phone may keep ringing. Dealing With Creditors InformallyYou can stop debt collection harassment with the steps above or by filing for bankruptcy. Eventually, your debt must be handled, or it will never go away. Creditors would rather keep you as a paying customer, so they might offer you a loan “workout” or other alternatives. You have the option to deal with creditors informally to negotiate mutually beneficial terms. Local and State Laws Might Prohibit Creditor Calls at WorkYour local and state laws might also offer additional protection from workplace collection calls from both debt collectors and creditors. State law might also provide for greater damages than what is allowed by federal law. Check with your state attorney general’s consumer law department or a local attorney to find out what’s legal in your state. If you decide to take legal action, first file a complaint about the debt collector’s violations to the Federal Trade Commission (FTC), the Consumer Financial Protection Bureau (CFPB) and your local state attorney general’s office. Then you may choose to sue the collector. If you suffered damages such as lost wages, the goal of your lawsuit should be to collect damages. If you can’t prove any monetary damages, you still may be awarded up to $1,000 in a lawsuit. Keep in mind that a collection agency also can sue you to recover the money you owe. Although the law regulates the behavior of debt collectors, it does not absolve you of paying your debts. Don’t ignore a lawsuit summons, or you will lose your opportunity to present your side in court. If you plan to sue for harassment, it is best to have a log that details your complaints with collection agencies and the times they violated the FDCPA. That means writing down the day, time and a summary of the exchange each time you are contacted by a collection agency. It would help if you recorded the phone calls, though laws in most states say you must advise a caller before recording them. It also is advisable to save any voicemail messages you receive from collection agencies as well as every piece of written correspondence. Let the collection agency know you intend to use the recordings in legal proceedings against them. One way to avoid legal action is to send your complaint directly to the original creditor or debt collection agency and ask them to negotiate a settlement. In some cases, they may cancel the debt to avoid a court hearing. They also might offer to reduce the amount they will accept in order to settle. If so, make sure the offer is in writing and specifies the exact amount to be paid. Also, request that the settlement offer include a promise to remove the bill from your credit history so that it no longer has a negative impact on your credit score. Don’t ignore debt collectors, even if you believe the debt is not yours. The debt collector could sue you and win a judgment that will cost you more time and money. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Are You Being Harassed By Creditors Calling You To Collect? first appeared on Michael Anderson.
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Is There A Limit For An Executor To Sell A House? Missing Chapter 13 Bankruptcy Payments Notice Requirement Of Foreclosure In Utah Who Gets The House In Divorce? Estate Planning Attorney Eagle Mountain Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/are-you-being-harassed-by-creditors-calling-you-to-collect/ In Eagle Mountain, Estate Planning allows clients to address their values, finances and legacy plan progress. For most professionals and entrepreneurs the importance of proper estate planning need not be stressed. When you hear the term estate, it refers to everything that you have worked hard to accumulate. Your home, real estate, bank accounts, stocks, bonds, mutual funds, cars, life insurance, business interests, artwork and jewelry. Without proper planning and based on the amount of total assets that you own there could be a hefty tax bill to upwards of 55%. Additionally, your beneficiaries may also be delayed and inconvenienced with all of the requirements in settling your estate. When you arrive at the important decision to hire an estate planner you want the best for your family. You will have to consider if you want a traditional estate planner who only focuses on the hard numbers and physical assets or would you prefer a holistic counselor who also incorporates legacy development and planning into the process. Conscientious adults make an effort to bank with the best, invest with the best and associate with the best. When seeking to hire a planner the qualities you need to look for include the following. Trustworthiness in Estate PlanningThe sensitivity of your personal financial matters dictates that you need to have a high level of trust in the counselor who assists you with planning. Most high net worth individuals utilize a team approach that includes their accountant, their financial advisor and an estate planning attorney. Each of these professionals typically are competent and knowledgeable and have earned the clients trust over time and through reputation. The importance of using the team is that most already have these separate advisors in place, in order to keep an orderly ship, communication and collaboration is stressed so that all goals can be working simultaneously toward similar objectives. A separate approach often leads to undesired inefficiencies. Estate Planning ProfessionalismYou should hire an estate planning lawyer in Eagle Mountain Utah that is highly professional. Your estate planning lawyer should be a recognized leader in his or her field and typically hold a special certification or advanced legal degree. In many instances your estate planning lawyer will be standing in your shoes as a professional representative of your interests and affairs. It is important that such an important representative properly represent your family’s good will and precious resources. If you have a complicated situation or lots of assets, choose someone experienced with complex situations and issues so they will always be a shining reflection of your initial decision to hire them in the first place. Estate EthicsSince estate planning will deal with all or most of your assets, you should hire an estate planning lawyer that is reliable and ethical. This fact can be checked by asking the lawyer if anyone has ever filed a complaint against them in the past. Most will answer honestly, but it is a question of ethics so one should always stay alert. An ethical estate planning lawyer should consider all your needs and best interests above everything else. An ethical planner will always provide sound and legal advice and never recommend faddish or illegal scams to save or hide money. Commitment To Your Estate PlanCommitment to a high standard of quality is a good characteristic in an estate planning attorney. Your planner should provide a warm and courteous environment that fosters a sense of security and accomplishment. Attention to the smallest detail in addressing every last issue in your legacy and estate planning process is the trademark of and excellent planning institution. Your planner is willing to stay until the job is complete and will not have problems working with your investment advisor, accountant and insurance professional. In the most productive relationships your planner is a multi-generational partner who will work with you side-by-side through a process that at times can be long and arduous, but is made simple and enjoyable due to their enthusiasm and pride in their work. When you take the time to consider the long term implications of preparing a solid plan the question of who will prepare my plan becomes far more important. Utilize these tips and you should find a rewarding and securing planning experience just around the corner. Hiring an Estate Planning AttorneyYou should consider several different questions before you sign an agreement with any attorney, but this is even more important when it comes to hiring a wills, trusts or estate attorney. This attorney will address sensitive family and financial issues that range from helping you pass assets on to your children and close family members, to protecting you from unnecessary taxes, to helping you determine the best person to make medical decisions on your behalf. This is why you need to know the answers to the seven questions discussed in this special report. Does the attorney offer a free consultation and will he explain what will happen at this initial meeting?An attorney should offer you a free, no hassle consultation. First, meeting him or her will help to put you at ease and will give you a chance to discuss your case in a frank manner. You will also have a chance to ask questions and to determine if this is an attorney whom you can trust to address your legal concerns. Second, it gives the attorney the opportunity to ask you questions and to learn more about your case. You might discover that you do not get along very well with this attorney. Conversely, the attorney may realize that your case is not the type that he wants to take or is not related to his field of expertise. For this type of relationship to work in an effective and productive manner, both you and your attorney need to be able to work together comfortably. Does the attorney offer a flat fee for the services that he will perform and will this be put in writing?Every attorney should use a written agreement, which is known as a retainer agreement. In this agreement, the attorney should clearly state the fee that you will be charged and honor this agreement. The attorney should clearly explain the fee, the services that he will perform, and should also clearly explain the options that are available to you to pay this fee. You should not sign this agreement until you understand how much you will be charged, what the attorney will do for you, what information he will need from you, any deadlines involved, and any other obligations that you are required to perform. You should always feel free to ask the attorney questions if you do not understand something in the agreement or otherwise. You should also ask about the expected completion of the work. A flat fee encourages the attorney to work in an efficient manner and also prevents you from receiving an unexpectedly large bill upon the completion of the services. This can happen if it takes the attorney longer to complete the work than he initially thought. Does the attorney guarantee his service? Will he refund your money if you are not completely satisfied?Your attorney works for you and is being paid to help you plan your estate. You should not tolerate an attorney that will not refund your money if you are not completely satisfied with the work. Additionally, your attorney should be willing to revise your documents that he is initially drafting. However, after he has drafted them and you have expressed your satisfaction, you should not expect the attorney to revise these documents unless you have kept the attorney on retainer. Please note that no attorney will guarantee results if your matter is being litigated in court. Will the attorney help you make wise choices about insurance, saving for your children’s college, and retirement planning?Your attorney should help you make decisions about the most appropriate documents and vehicles to accomplish your estate planning objectives, but should also assist you with buying insurance, saving for college, planning for retirement, and all of the other challenging decisions that will arise. In fact, your attorney should have a team of trusted advisors in place in order to help you make the best possible decisions. If your attorney is unable or unwilling to advise you on these matters, then you should seek out an attorney who will do so. Having such an attorney will prevent you from making expensive and unnecessary mistakes, and will save you time in having to hunt for additional advisors. Will your attorney make sure that your assets are structured and owned in the right way?You could hire an attorney at the largest firm around and pay him an exorbitant fee, but if your assets are not titled and owned in the right manner, then the plan that he created will not work for you. The attorney that you plan to hire should be willing to ensure not only that your documents are drafted correctly, but also that your assets are structured properly. Do not be afraid to ask these questions before you hire an attorney to work with your family on legal planning matters. When you find an attorney that says yes to these questions, hire him or her quickly before the practice fills up and he or she stops taking on new clients. Asking these questions and hearing the right answers before you engage a lawyer to work on your wills, trusts, and estate will ensure you put in place legal planning for your family that will work when you need it. Estate Planning Attorney – Advice On Selecting The Best For YouTaking care of what will happen to your estate after you pass on is a very important task to take care of in advance. There is nothing quite so frustrating for relatives to have to work out amongst themselves as that of inheritance. This process can cause additional pain and suffering in an already sensitive time, so you owe it to those whom you love to work out your will to save them the trouble. This type of lawyer is not merely concerned with your will. He or she will help you with issues regarding that of your living will and financial plans. This person is essential if there are wishes you need to be carried out after you are gone. You may want to meet with a few different professionals that deal with this special field of the law. It is best not to sign any documents until after meeting with Ascent Law. Your decision should weigh in regards to whether your attorney specializes in this legal area or not. There are practitioners that primarily focus on estate planning, so try to choose one that does so. Inexperience and lack of dedication only serve to open up the possibilities of errors occurring. Perhaps pick a firm that spends about half of its time on cases such as these. After your final choice of lawyer has been made, be sure to have them sign a retainer agreement. This will outline the specificities of your relationship with this professional. It is best to obtain a copy of this document for yourself. You will want to find out specifically who will be handling your documents. Many law offices may advertise under a specific attorney’s name, but a lot of the work is done my assistants and paralegals. If it makes you more comfortable to know that the individual you have been meeting with will handle your business, then clarify if this is to be the case. If the primary attorney at the firm will not be handling your documents, then be sure to make time to meet with the paralegal that will be helping you. It is best to communicate your needs with everyone who takes part in this process. You will want to check to make sure the primary lawyer double checks the work done by paralegals. This is a requirement of law firms, but asks to be sure. Also, be sure to inform your relatives as to where your will and other documents are to be found, should anything happen to you. Your lawyer will have copies of this information, but it will be easier for everyone if people have this information readily available. Finding a qualified Eagle Mountain estate-planning practitioner is not hard. It can be easy to take care of this process, so long as you have found an individual that is most comfortable to meet with. Planning out the details of your will and finances can be sensitive and require a good amount of though, so take the time to locate the best possible advisor. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Estate Planning Attorney Eagle Mountain Utah first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
Is There A Limit For An Executor To Sell A House? How Does Utah Child Support Find People? Notice Requirement Of Foreclosure In Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/estate-planning-attorney-eagle-mountain-utah/ Utah primarily operates as a title theory state where the property title remains in trust until payment in full occurs for the underlying loan. Foreclosure is a non-judicial remedy under this theory. The document that secures the title is a deed of trust or trust deed. Utah law also permits mortgages to serve as liens upon real property and for judicial foreclosures to occur through the courts. Because the power of sale provisions in deeds of trust allow for a more expeditious process to effectuate foreclosure, this is the primary method used by lenders to foreclose. Primarily non-judicial foreclosure that does not involve court action is used in Utah. This requires that notice be given to the borrowers and the public, so this foreclosure method is commonly called sale of trust property by public auction. The trust deed usually contains a provision called a power of sale clause which allows a trustee to sell the property in order to satisfy the underlying defaulted loan. In Utah there is no express requirement for the power of sale language to actually be in the trust deed. Only certain parties or entities can serve as trustees, including attorneys, banks and title company officers. The trustee acts as a representative of the lender to complete the sale, which typically occurs in the form of an auction. There are strict notice requirements inherent in the non-judicial foreclosure process. Power of Sale Notice Requirements• Prior to initiating a foreclosure, the lender must file a notice of default in the county in which the property is located and with the defaulting borrower within three (3) months of the default. A copy of the notice of default must be published at least once a week for three (3) consecutive weeks in a newspaper of general circulation in the county, with the last notice of sale published at least 30 days before the proposed sale. A notice of the proposed sale must also be recorded with the recorder where the trust property is located. • The notice of default must contain certain information, including the date, time and place of sale, a description of the default, the lender’s election to sell, and the document recording information from the deed of trust. • Foreclosure sales must take place as a public auction between 9AM and 5PM on a business day at the time, place and date designated in the notice of sale. The trustee auctions the property to the highest bidder. The foreclosure sale may be postponed for 45 days from the original sale date if written notice is provided to the original recipient of the notice of default. In Utah, the lenders can also go to court in a judicial foreclosure proceeding where the court must issue a final judgment of foreclosure. A complaint is filed in court along with a lis pendens. A lis pendens is a recorded document that provides public notice that the property is being foreclosed. Judicial foreclosure in Utah is an option which generally follows the same procedure as a non-judicial foreclosure, with the distinction that the process is pursued through the courts. The property is then sold as part of a publicly noticed sale. The documents are the trust deed, and in a commercial transaction, a security agreement. Sometimes the mortgage document is combined with the security agreement. Alternatively, a mortgage is filed to evidence the underlying debt and terms of repayment, as set forth in the note. How long does it take to foreclose a property in Utah?Depending on the timing of the various required notices, it takes approximately 120 days to complete an uncontested non-judicial foreclosure. This process may be delayed if the borrower contests the action in court, seeks delays and postponements of sale, or files for bankruptcy. In Utah, foreclosures are accomplished either in court or out of court, although out-of-court foreclosures are more common. The out-of-court foreclosure process takes about five months. Pre-Foreclosure PeriodTo begin foreclosure proceedings in court, the lender files a suit against the borrower for the amount owed. If the court finds default has occurred, it will determine the appropriate amount due on the loan and give the borrower a set time to repay the debt plus costs. If the borrower does not pay within the set time period, a public sale of the property is scheduled. Most foreclosures in Utah can be commenced without involving the court system. The lender starts the foreclosure process by recording a notice of default with the county recorder and mailing a copy of the notice of default to the borrower. After the notice of default is recorded, the borrower has three months before the property is sold at public auction. During this time, the borrower can stop the foreclosure by paying the amount in default and any applicable costs. Notice of Trustee’s Sale (also called Auction of Real EstateThree months after the notice of default is recorded and at least 20 days before the sale date, the notice of sale is posted in a conspicuous place on the property to be sold and at the office of the county recorder. In addition, the lender publishes a notice of sale once a week for three consecutive weeks in a local newspaper. The last publication must be at least 10 days, but not more than 30 days before the date of the sale. Foreclosure sales are conducted as public auctions at the county courthouse where the property is located between the hours of 8 a.m. and 5 p.m., with the property going to the highest bidder. If the sale price is above and beyond the amount owed to the lender, the extra monies go first to any junior lien holders and then to the borrower. There is typically no redemption period for the borrower after an out-of-court foreclosure sale. Foreclosure Timeline: After You Receive a Formal Notice of ForeclosureBefore you lose your home to a foreclosure sale, you’ll get some sort of notice as required by your state’s foreclosure laws. Before a bank can sell your house at a foreclosure sale, you will get some sort of formal notice about the foreclosure. The kind of notice you will get depends on whether the foreclosure is judicial or non-judicial, and what your state’s foreclosure laws require. Judicial ForeclosuresJudicial Foreclosure can be done in Utah, but it is not very common. In around half of the states, the bank has to file a lawsuit in court to foreclose. This is called a judicial foreclosure. If you live in a state where foreclosures go through the court system, you might get 30 days’ notice of the bank’s intent to file a foreclosure action. You will definitely get a summons and complaint telling you when a foreclosure action has been filed in the appropriate court. Once you receive notice about the lawsuit, most people typically have 20 to 30 days to respond to the suit. If you file a response contesting the foreclosure action, it may take a few months or even longer before judge rules on whether to grant the foreclosure. Even if you don’t contest the foreclosure action, the sale usually won’t take place until at least a month after the judge issues the foreclosure order. So you’ll have at least a couple of months from the first notice of the case to the date the court orders the sale to take place. You’ll probably have at least double that amount of time if you decide to oppose the foreclosure in court. In almost all judicial foreclosures, if the judge orders the foreclosure sale, you’ll get a notice telling you when and where the sale will take place. Non-judicial ForeclosuresNon-judicial Foreclosure is the most typical type of foreclosure in Utah. In the remaining states, the creditor can opt to use an out-of-court (non-judicial) process to foreclose. With a non-judicial foreclosure, the bank has to carefully follow a series of steps described in the state statutes to complete the process. Depending on which state you live in, you might get a pre-foreclosure notice stating the bank’s intent to file a foreclosure action. How much time you have from the first formal notice that foreclosure proceedings have started to the date your property will be sold and the procedures in between varies from state to state. State law might require• a notice of default giving you a certain amount of time to get current on the loan by making up all the back payments and then a notice of sale (if you haven’t brought the loan current by the deadline) • a combined notice of sale and right to cure telling you that your home will be sold on a certain date unless you make up the missed payments • a notice of sale, or • in a couple of states, notice through publication in a newspaper and/or posting on the property or somewhere public. You can probably count on at least 30 days’ notice before the foreclosure sale after the first official notice. In most states, you’ll get a couple of months. Check your state’s law in our Summary of State Foreclosure Laws to learn the process in your state. Pre-foreclosure Notice RequirementBefore starting a foreclosure, the bank must mail a notice to the borrower giving at least 30 days to cure the default by getting current on the loan. Utah Foreclosure ProcessResidential foreclosures in Utah are typically non-judicial, which means the foreclosure happens outside of the state court system. (Learn more about the difference between judicial and non-judicial foreclosures.) Notice of DefaultThe non-judicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives the borrower three months to cure the default. Within ten days of recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. Notice of SaleIf you do not cure the default, after three months, the trustee will record a notice of sale and: • mail a copy to you at least 20 days before the sale (if your deed of trust includes a request for notice, which it probably does) • publish notice of the sale in a newspaper, and • post notice about the sale on the property at least 20 days before the sale. The Foreclosure SaleAt the foreclosure sale, the property will be sold to the highest bidder, which is usually the foreclosing bank. At the sale, the bank doesn’t have to bid cash. Instead, it makes a credit bid. If the credit bid is the highest bid at the sale, the property then becomes REO. Deficiency Judgment Following SaleThe foreclosing bank may obtain a deficiency judgment following a non-judicial foreclosure if it files a lawsuit within three months after the foreclosure sale. The deficiency amount is limited to the difference between the borrower’s total debt and the property’s fair market value. Eviction Following ForeclosureIf you don’t vacate the property following the foreclosure sale, the new owner will probably: • offer you a cash-for-keys deal, or • take steps to evict you. The eviction process starts with a notice to quit. If you still don’t leave by the deadline given in the notice, the new owner will go through the court system to evict you and obtain possession of the property. Statutory Notice Requirements ForeclosureWhen a lender seeks to conduct a foreclosure sale of secured property in Utah, the lender is required to follow a codified procedure for notifying the borrower of its intent to foreclose. Utah law requires that a lender to notify the borrower, in writing and by registered or certified mail, at least thirty days before it proposes to sell the property at foreclosure. Only fifteen days’ notice to the borrower of the lender’s intent to foreclose. The written notice should identify an individual (by name, address, and telephone number) who has authority to negotiate the loan on the lender’s behalf and should include a copy of the foreclosure advertisement. The notice should be sent to the property address unless the borrower has designated some other address, in writing, to the lender. Failure to provide the required notice should lead the court to set aside a foreclosure sale, to refuse to confirm a foreclosure sale, and potentially to hold the lender liable on a claim by the borrower for wrongful foreclosure. A few keys points from interpretative foreclosure case law• In the event that the property has been sold subject to the lender’s security interest, statutory notice should be sent to the current owner of the property encumbered by the debt if the owner is known to the lender. • The required notice is complete upon mailing, whether or not the borrower actually received the notice. • The notice should be sent to the property address unless another address is designated by the borrower in writing. • A borrower designates another address if he lists another address as his contact address in the loan documents. A recent decision held this true even where the borrower listed a nonexistent address in the loan documents. • The notice requirement does not apply to foreclosure of unimproved property. Talking to an AttorneyForeclosure procedures and timelines are different in each state. To learn exactly what type of notice you’ll receive and how long a foreclosure will take in your state and particular circumstances, consult with a local foreclosure attorney. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Notice Requirement of Foreclosure in Utah first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
How To Navigate Your Divorce Settlement Bankruptcy Attorney South Salt Lake Is There A Limit For An Executor To Sell A House? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/notice-requirement-of-foreclosure-in-utah/ As the named executor of your loved one’s last testament, there’s no denying that a considerable amount of expectation falls on your shoulders. In some cases, it’s an undesirable position to be in, but an important one, nonetheless. Typically, you may be tasked with the sale of the deceased person’s home, after which the sale proceeds must be distributed accordingly and fairly. However, the process entails more than simply calling a realtor and putting the home on the market. Understanding the Role of an ExecutorSelling an inherited home is just one of the boatload of responsibilities of an executor of a will. In reality, this role carries a multitude of obligations that demand careful consideration, legal advice, and time. The executor must ensure that each beneficiary receives their respective share of the balance. The estate is administered as per the law, and the decedent’s creditors receive payment from the estate. The underwriter will give the executor the go-ahead to use the proceeds to clear funeral costs and other personal expenses. If the executor needs or wants the funds before one year elapses, they can receive them at a stipulated cost of 2% per $100,000 sales price. It translates to $16,000 on a property worth $800,000, for instance. The fee goes to the underwriter to factor in the risk they are undertaking for the early release of the funds. • Managing the testator’s assets and property until they are distributed to beneficiaries • Supervising the distribution of the testator’s property and assets • Handling property and asset inheritance, including who inherits real estate (as indicated in the Will) • Validating the Will in probate court if needed • Paying for debts, taxes, and other ongoing expenses In short, the executor makes the majority of the decisions regarding the distribution of the estate. Although they must follow the instructions in the deceased’s Will, sometimes they do have the power to make certain decisions. If the testator did not express their wishes clearly or at all in their Will, then the executor might have to make some decisions on the testator’s behalf. Keep in mind that the executor can also choose to refuse to act even if they are named in the Will. In these cases, the court can appoint a new executor. Things Your Executor Can’t DoAn executor has the fiduciary duty to execute your Will to the best of their ability and in accordance with the law. But when choosing an executor, it can be difficult to determine the limits of their powers. • Change the beneficiaries in the Will • Stop the beneficiaries from contesting the Will • Sign the Will on behalf of the testator, if it was not signed before the testator passed away • Execute the Will before the testator has passed away If the beneficiaries of the Last Will feel that an executor is not performing their duties, they can get the court involved. Sometimes the executor can be removed. In this case, the court will usually take care of the executor’s duties in place of choosing a new executor. Approximately How Long Does an Executor Have to Sell a House?An executor’s timeframe to sell a home isn’t cast in stone as it differs from one state to another in the US. There’s no universal duration, only what the probate process dictates. Therefore, upon submitting a will to the probate court, your goal is to sell the house before the probate closure. As an executor, it’s essential to understand the basics of probate. It’s essentially the process of a court going through the estate assets and using them to clear outstanding taxes or debt. It also involves making sure the remaining estate assets are distributed according to the will. Probate can be a lengthy process that usually lasts up to two years after the estate owner’s death. Nonetheless, not all the assets (as listed below) will go through probate. The following can be disbursed outside probate. • Assets held in a trust • Assets designated to a valid beneficiary • Jointly-owned assets that are transferable to a surviving owner An Executor as a Non-Beneficiary vs. BeneficiaryThe timeline for selling a house is also based on whether the executor is a beneficiary or a non-beneficiary. If the deceased left the house to you and named you as the executor, you have free rein to rent it, transfer ownership, or sell it. If the executor is the homeowner, there’s no timeline to sell it. If you’re faced with the responsibility of selling your parent’s home according to the terms stipulated on the will, you must acquire approval from the probate court. At this point, you have the authorization to execute the real estate documents to transfer the title to the property. Alternatively, you can sell the home and receive the proceeds as a beneficiary of the will. However, if you’re a non-beneficiary or personal representative and the will mandate the home to be sold, you have no choice but to sell the house. The executor can buy the house in an ‘arms-length transaction’ at its fair market value, after which the proceeds must be distributed to the beneficiaries of the estate. In this scenario, the executor must receive consent from the beneficiaries. Taking Control of the HomeAs mentioned, the responsibility of taking control of the house falls on the executor’s shoulders. It ensures the estate property remains in good hands and in excellent condition for a decent sale. When a home is empty or vacant for a period of time, the executor will have to swap out the locks, change the mail delivery address to theirs, and maintain the estate. Additionally, rerouting the mail is a convenient way of receiving the required documents to settle the estate in its entirety. How to Sell a House as an ExecutorAlthough the process of selling a home as an executor is standard across most states in the US, the probate processes and laws may vary. It’s these differences that can significantly impact the timeline on the sale of the house. Nonetheless, here’s how to sell a home in each steps. Step 1: Will Submission to the Probate CourtFiling the will with the probate court to validate its authenticity is the first and most fundamental step. It’s only after getting the ball rolling with the probate court that you can go ahead to take control of the property and prepare to put it on the market. Once you receive the deceased’s will, you have 30 days to file with the probate court. Keep in mind that filing a will with probate isn’t always mandatory. However, it’s a requirement when legal ownership of an inherited home is passed on. If you’re the sole beneficiary of the house, you can be granted permission by the court to sell the property while it’s in probate. Step 2: Decide On the Most Ideal Way to Sell the HomeIf you’re having reservations about putting the property on the open market, you should. As an executor of an estate, it makes you a fiduciary as well. In scenarios that call for loyalty, trust, and honesty, a fiduciary refers to an entity with the legal obligation and power to act on behalf of another. Therefore, it’s in the best interest of other beneficiaries that you sell the house at a profit. Additionally, you must make a decision that revolves around the most ideal way to sell the home. For instance, if you need to sell the property relatively quickly, you can enlist the services of a hassle-free home selling service that guarantees a quick turnaround time. If you opt to work with a real estate agent, it’s your responsibility to ensure they have adequate expertise in selling inherited properties. (This will of course also cut into the bottom line when you account for sales commissions.) Step 3: Submission of a Signed Contract to the Probate CourtUpon finding a suitable buyer for the house, it’s essential to get a signed contract of the deal and hand it over to the probate court as soon as possible. You can also include a copy of the buyer’s offer to get approval from the court to close the sale. It’s worth noting that if the property is left to several beneficiaries, you require approval from each for the sale to go through. They must sign a waiver that gives their consent to the offered price. After submitting the documents, the court will review them and give a verdict. Step 4: Get the Approval of the Court and Close the SaleAt this stage, you’re essentially awaiting approval of the sale from the probate court. It’s only after receiving authorization that you can close the sale of the property. Closing the deal entails signing an executor’s deed on behalf of the estate in your role as the executor. As always, two or more beneficiaries are involved. You must acquire their signatures of consent to close the deal. Step 5: Receive and Allocate the ProceedsOnce you put the property up for sale, the next course of action is to create a separate bank account. The proceeds from the sale of the house must then be allocated accordingly. Keep in mind that you’ll need to clear the creditors’ outstanding dues, including any existing liens, after which the balance of the proceeds must go into the created bank account. If you’re the sole beneficiary, the remaining funds can be transferred to your bank account once the outstanding debts have been cleared. Typically, you’ll receive a check from the title office, who handled the sale of the property. Made payable to the estate, the check can be directly deposited by the probate court or the executor. How you receive the proceeds is solely based on the ruling of the judge and probate court. If the property’s sale is processed through probate court, the proceeds are sent to your lawyer’s trust account. If you opt not to go through probate court, each of the beneficiaries must sign and consent to how the funds will be distributed. Executors Of An Estate: Can They Be Paid And How Does It Work?An executor of an estate is someone appointed by the Will maker to administer their estate. This involves collecting assets of the estate, paying any taxes and debts of the deceased, and then distributing the remainder of the deceased estate according to the terms of the Will. Being an executor of an estate can be a challenging and time-consuming task. The executor’s commission is a commission awarded to the executor for their role in administrating the deceased estate. This includes the pains and troubles that they may have suffered by taking on this responsibility. This commission can be paid to the executor of an estate if certain requirements are met. It is not an automatic right. If an executor is a beneficiary under the Will that they are administering, then it is very rare that the Supreme Court will also award executor’s commission. It is the court’s view that being a beneficiary is sufficient and therefore no commission is needed in most cases. Your best next step is to contact the law firm of Ascent Law for legal help in the administration of the estate. We want to help you. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Is There A Limit For An Executor To Sell A House? first appeared on Michael Anderson.
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How To Navigate Your Divorce Settlement Fruit And Vegetable Dispute Resolution Corporation Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/is-there-a-limit-for-an-executor-to-sell-a-house/ If you have seen Storage Wars or similar programmes about storage auctions, you likely already know that there is a business in the sale of long forgotten cheap self storage units and their contents. That’s the thing though, we often assume those units are sold many, many years down the line when perhaps the person simply went off grid and didn’t pay. Maybe it belonged to somebody who passed and never told anyone about their unit. Maybe, it was the unit of somebody with a secret life. Your thoughts go to all the scandals and stories, whereas in reality, those units probably belonged to somebody just like you and I. Somebody who simply forgot to pay their bills, or who didn’t approach the unit to sort out an issue with payments in time. So, What Are My Rights When It Comes To Missing Self Storage Payments?Your rights in regards to a particular cheap self storage facility will be detailed in the contract you sign and may differ from other units. However, in most cases, missed payments means that the facility essentially has a right to your belongings in their unit. They can hold onto your things until you pay your debt. If the debt is not paid eventually, they can sell your things on to recover some of the costs of your debt. They do however, have to send lots of notices and give you lots of chances to pay your debt first. What To Do To Stop Your Storage Unit Being SoldAs with most cases of debt, hiding from the problem is only going to make things worse. If you know you will not be able to pay your self storage bill before the payment is due, speak to the unit and let them know your situation. The same goes for missing a payment and knowing you can pay it again. Be honest with the manager and let them know your situation, they will more than likely be able to come to some sort of arrangement with you. They don’t want to have to chase you for payments and go through the expensive process of legalities. They want that unit empty so they can rent it to somebody else. So, it is in your best interest and theirs to discuss your financial situation and to come to some sort of agreement. If you do not approach them about missing payments, then they will follow the process of chasing payment until such a point they can legally sell the contents of your unit to empty it. The facility doesn’t want to have to chase you for payment, and you don’t want to lose access to your things. Don’t let it get to the stage of unit repossession, and approach your facility first. What to Consider Before You Sue for NegligenceBefore you make a claim against a storage facility for negligence, there are a few things you’ll want to check to be sure the facility can be held liable. • Thoroughly review the rental agreement. Most rental agreements include a clause that limits a tenant from suing the storage facility. If it doesn’t, ask yourself the following questions: Is my complaint addressed in the agreement? Does the facility owner have a legal duty to protect my belongings from pests, floods, leaks, fires, or any other hazards? Was the damage to my possessions actually a result of negligence? Has the storage facility blatantly ignored any provisions written out in the agreement? Are there protocols listed to help solve tenant-owner disagreements? Reach out to the owner or manager of the facility. Your storage company has a duty to respond to formal complaints and act on them accordingly. Keep a clear record of all communications to serve as evidence if they fail to address your complaint. Keep a detailed account of all the damages you’ve incurred at the storage facility. If possible, take pictures of any damaged items. How to Sue a Storage Facility in Small Claims CourtIf you are planning to sue a storage facility for negligence, follow these four steps: 1. Gather all Evidence: Among all cases in small claims court, negligence is perhaps the hardest to prove. So arm yourself with as much evidence as possible. This could include photos of the damaged items and records of communication with the facility owner, such as text messages, emails, or call logs. 2. Fill out a Complaint Form: You don’t have to draft your own document from scratch. Most district court clerks have complaint forms available to use or copy. When you get the form, fill it out explaining the amount of money being claimed, cause of action, and the reason for suing the storage facility. 3. Serve the Storage Facility: The district court clerk will provide you with the documents necessary to be served to the facility owner in order to notify them of your complaint and intent to sue. 4. Appear in Court: If you want your case to progress, appearing in court is a must. Submit your evidence and be prepared to argue your case. State LegislationForty-six states now have some sort of statute that at least, in part, discusses the lien rights of a self-storage operator. Some have full chapters devoted only to self-storage, while others still lump it in with other lien rights. However, many of the current laws are in need of a good overhauling and modernizing. In some cases, they’re more than 30 years old and fail to reflect what the industry has become since they were written. Eight states have some type of law governing the late-fee amount that can be charged in a self-storage owner/tenant relationship. Most of these bills are favorable to the industry, and self-storage associations of the remaining states recognize the value of legislation to set a reasonable late-fee law that will protect operators from potential litigation. Several states have introduced legislation to impose sales tax on rents charged by self-storage operators. A few, including have even been successful in passing on this new tax to industry consumers. Homeland SecurityStorage operators have continued to receive nonspecific warnings from the Department of Homeland Security that their facilities might be used to store materials that could be unleashed in a terrorist attack or stolen property intended to raise money to fund terrorist organizations or opportunities. As a result, many have begun to use employee and tenant screening, sometimes in the form of credit reports but more often criminal histories. OvertimeLast year, the government revised its overtime regulations. However, as many states have policies that are stricter than federal guidelines, the new rules do not apply. Further, the new law doesn’t really answer questions about whether a self storage manager is an exempt or nonexempt employee, nor does it clarify the definitions of these terms. We at least know that any full-time employee earning less than $455 per week cannot be exempt and is entitled to overtime. There are many storage operators concerned they may be facing a potential overtime claim because of having treated their managers as exempt employees. Zoning and Eminent DomainZoning also continues to be an issue for new and expanding facilities around the country. Now that zoning boards tend to lump mobile-storage facilities in with self-storage, it is becoming increasingly difficult to get approval. Part of the problem is when the industry started, it gravitated toward high-visibility areas such as expressway exits or large intersections. This normally wouldn’t be an issue, but unfortunately, there are some unattractive or poorly maintained facilities out there, and public perception is hard to change. Negative PublicityFinally, as the industry has proliferated, we are seeing more negative media coverage about the industry pertaining to burglary, property damage or misuse, and drugs. Do-Not-Fax RegulationsIf you don’t have a provision in your lease agreement, you should immediately insert language that allows you to fax and email current tenants from the date they sign their lease until final move-out (including full payment of all amounts due). If you don’t, you will lose opportunities for marketing and lease enforcement/collection that you are probably already using. Unit-Size LitigationThe filing tenants have claimed that while they thought they were renting a certain size unit, in actuality, it contained less rentable square feet than advertised, stated in the lease or shown on a floor plan, and they’re looking to recoup a certain amount of money in back rent, plus other fees and legal costs. While we may be talking about a small amount of money per each individual tenant, when the amount is multiplied by several tenants over many years, the bottom line becomes significant. Further, attorney’s fees are often awarded as part of the judgment, so while a claim may settle for little or no actual money to the customer, there may be a large payment in attorney’s fees to the class-action law firm. There are several obvious ways to fix your potential exposure in this issue, including making sure all information that discloses the size of a space (leases, brochures and floor plans) clearly says the size is approximate and the tenant is not entitled to a rent adjustment if the unit contains more or less square footage than stated. You may also want to stop referring to units by size (i.e., 10×10) and refer to them instead as a “one-room unit,” “two-room unit,” “small-house unit,” etc. This is a bizarre concept, but it will protect against this ridiculous litigation. Adding language about approximate size is another change you must consider making to your lease. AdvertisingMany storage operators use statements in their marketing they cannot support in a court of law. For example, looking through the Yellow Pages, I have seen statements such as “Manager on site—24-hour monitoring of the premises.” While the facility may have a manager on site, he is not really watching out his window 24/7. Similarly, if the manager goes on vacation or the facility is without a manager at one point for any reason, the owner cannot back up his claim. In past columns, I have discussed use of the words “safe,” “security,” “secure” or others that imply a facility is more safe, more secure or better protected than its competition. Unless these claims can be fully documented and supported, they can come back to haunt a self-storage operator. Furthermore, the questionable advertising, particularly in the offering of specials. If a promotion is too good to be true and has a catch, or if a facility is not really offering exactly what the public believes it to be, an operator may find himself in a lawsuit or charged by the state’s Attorney General for deceptive sales practices. RelianceAn argument being used more frequently in lawsuits against self-storage operators. The basic line of reasoning goes something like this: Because of something said, done or implied by the agent at the facility, or the advertising or marketing materials of the facility, the tenant relied on the facility to (fill in the blank): have more security, maintain a climate that would prevent mold, prevent theft, etc. The reliance argument has multiple applications, but there are two significant ones pertaining to self-storage. First, if a facility’s advertising implies or states it is “safe and secure,” and a tenant’s unit is burglarized, the site owner may find himself in a lawsuit that alleges he is liable. The assertion is that because of statements made in the facility’s advertising, the tenant relied on the facility to be secure and chose to rent a unit. Implied activity is the second area where storage owners run into trouble. For example, if you have dummy or nonfunctioning video cameras on your property, you could find yourself in the midst of a reliance argument that goes something like this: “Because of all the video cameras I saw on the property, I relied on the fact that my goods would be safe or, if it they were stolen, there would be a videotape to help police find the culprit. Therefore, I want to hold you liable for the loss, even though your lease says you are not otherwise responsible.” Business RecordsIn the upcoming year, you are likely to see more state and federal restrictions on the disposal of business records that contain tenant information, such as leases, applications and credit-card forms. Eventually, shredding will be required for disposal of almost all records. Insurance ProgramsYou will see more requirements imposed on pay-with-rent and mail-order tenant-insurance programs by state insurance-licensing departments. Some industry insurance companies have stopped writing new pay-with-rent policies and are even withdrawing existing policies in states where it is unclear whether an insurance license is required to collect premiums. Several states, including Utah, have begun providing guidance or issuing limited licenses for the purposes of allowing a self-storage operator to offer pay-with-rent insurance. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Storage Unit Lawyer first appeared on Michael Anderson.
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Estate Planning Attorney Bluffdale Utah How To Navigate Your Divorce Settlement Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/storage-unit-lawyer/ Everything seemed so simple at the start of your romance; you never expected divorce to be such a difficult process. Even in the best of circumstances, tempers may run high, and every decision can seem to be more stressful than the last. It is only human to find yourself reacting emotionally at certain stages of a divorce, but it is important to remember that your actions throughout the process can affect your familial, emotional, and financial situation for years to come. The Divorce Process: What to Do• Be reasonable and cooperate as much as possible with your soon-to-be-ex. Reasonable compromise yields quicker and easier results in divorce cases. • Support your children through this process. It’s even tougher on them than on you. Don’t make them pick sides. • Let your spouse know when and where you will spend time with your kids while you work out permanent custody arrangements. Your spouse might think you’ve made a run for the border and if your soon-to-be-ex has to ask the police to track you down, that won’t look good during custody or visitation hearings. • Fully disclose all your assets and property. A court can throw out a divorce decree based on financial deception, putting you back in court years after you thought everything was final. • Know your options. Depending on your circumstances, you may be eligible for a non-divorce alternative like summary dissolution, annulment, or legal separation. • Do your own research. With a little help, you can be well-informed regarding: • Child support; • Spousal support (alimony); and • Divorce trials, alternative dispute resolution, and out-of-court settlements. • Ask your attorney if anything doesn’t make sense. Your attorney works for you, and should help you understand every part of the divorce process. The Divorce Process: What Not to Do• Don’t lose your cool. No matter how frustrated you get, don’t make matters worse by lashing out at your ex or your children. • Don’t make big plans to take a job in another state or move out of the country until your divorce is final. Your new life could interfere with getting your divorce finalized. • Don’t violate any temporary custody or visitation arrangements. It could make it tougher for you to get the custody or visitation rights you prefer. • Don’t “give away” property to friends or relatives and arrange to get it back later. Hiding property can mean your spouse can take you back to court to settle those assets. • Don’t go it alone. Divorce is complicated, and an attorney can make sure that your interests are protected. How To Settle Divorce Out Of CourtGoing through a divorce is always stressful, but you can save money, time, and worry by entering into a settlement agreement instead of going to Court. Whether you have spousal maintenance (“alimony”), child support, parenting time, legal decision-making or marital property issues, you are allowed to work out an agreement with your spouse so that you do not have to spend weeks, months, or even years fighting it out in the legal system. You can enter into a divorce agreement at any time up until, or even at your final hearing, without any penalty or pressure from the Court. While the judge is willing to hear your divorce case and decide the issues for you, the Court will accept a reasonable divorce settlement agreement instead. In fact, the judge will be happy that you have saved judicial resources by taking care of matters yourselves. Steps to Settling A Divorce Out of CourtYou will need to complete some basic tasks in order to come up with a fair settlement agreement because you will need to figure out how to deal with property division, caring for your children, spousal maintenance, and other important factors. If you are patient and go through the divorce process one step at a time, you can get through your divorce case and move on with your life. Step 1: Speak to a Divorce LawyerEven if your split is amicable, you should seek legal advice from the beginning of the divorce process. The Court will hold you responsible for following all the rules, whether or not you are using a divorce attorney for advice. You could be penalized or even have your case dismissed because you missed a deadline. Having an attorney on your side will also help keep you focused and feeling stronger during the divorce process. As far as basic legal tasks, you will still need to file a divorce petition and any other paperwork required by state law, such as a child support worksheet. Your attorney can help by preparing the paperwork and making sure it follows your wishes. Step 2: Schedule Some Time to Talk to Your SpouseMeet in a neutral place and have an honest, calm discussion about what you want from the divorce. There may be issues that are more important to you than your spouse, and vice versa. Finding a place to meet in the middle will give you a good place to start negotiating. Although, this may not be appropriate if there are instances of abuse. On another note, be careful of signing or otherwise entering into any agreements before you fully understand the impact of those agreements. It is perfectly acceptable to review the proposals with an attorney before reaching an agreement. Step 3: Gather All Your Financial InformationYou will need to have all of your financial information to consider child support, spousal maintenance, property division, and possibly other important matters. Your divorce attorney can assist you in finding all the documents you need and figuring out how to make a plan based on your personal financial information. Step 4: Create a Parenting PlanIf you have children, they are probably your biggest priority. What should the parenting time schedule be? Can you get along well enough to co-parent? How much will child support be? Your divorce attorney or child support attorney can help you fill out the child support worksheet with the necessary information. There are several factors to consider when calculating child support. Family law attorneys are familiar with all the issues regarding divorce laws, and they can help to find a plan that will fit your family’s needs. Step 5: Work With a Mediator Or Other Alternative Dispute Resolution If You Need ToIf you don’t agree with what your soon-to-be ex-spouse is proposing, you don’t have to sign the agreement. There are other steps you can take so you can still avoid a court divorce. If you simply can’t agree even after honest negotiations, you can agree to have a neutral third party help you work out the issues in a mediation process. There is more than one type of alternative dispute resolution, and your divorce attorney can help you figure out which one might help you the most. Step 6: Submit Your Divorce Agreement to the CourtOnce you have an agreement, you and your spouse can sign it with your attorneys and present it to the judge. The agreement is a contract, and once signed, you will likely be bound by it. The judge will then review the decree to ensure it meets all applicable state laws and then enter the agreement as a final court order. Benefits Of Settling Out of CourtNot all divorcing couples are able to look past their anger and work out their issues. Even with a neutral third party to help negotiate the issues, some couples simply can’t reach common ground. Some of the hardest cases are ones where there has been infidelity or domestic violence. However, for those who are able to enter into a settlement agreement, there are multiple benefits and rarely a downside. You Will Save Time By Entering Into an AgreementWhen couples choose to fight in the courts to get what they want from the remnants of their marriage, the divorce process can drag on for months or even years. Parties on each side can end up in an endless loop of filing and responding to paperwork. Instead of getting to the end of the process, you may feel as though you are in an endless state of waiting. You Will Save MoneyEvery time your attorney files or response to paperwork, you will pay the legal fees for that service. You will also pay for court hearings and any other work your attorney has to do on your behalf. When the process finally ends in a divorce trial, you may have spent several thousand dollars. Out-of-court settlements are much less expensive than court divorces. A Mutual Agreement Will Cut Down On StressOne of the biggest benefits of an uncontested divorce is that you will feel less pressure and stress. You can make a commitment at the beginning to work out your issues, and if you work through your issues in good faith, you will avoid many of the negative feelings people associate with divorce. You Will Have the Satisfaction of Knowing You Worked Out Your Own IssuesGetting divorced can feel like giving up. When you work through your issues with your ex-spouse, you can feel the satisfaction of knowing that you have managed to handle issues that looked overwhelming in the beginning. You can start to reclaim the power you feel you lost when your marriage broke up. Going to Court Can Be UnpredictableEven if the issues seem cut and dry, you are always taking a chance when you go to Court. A judge can be unpredictable. If you have already negotiated a fair settlement, you will know what to expect. Types of DivorceAlthough most people don’t get the opportunity to thoughtfully decide which type of divorce they would like to have, there are options for those willing to work together. For example, in an uncontested divorce, both parties come to an agreement on all the terms of the divorce and file the papers with the court. There is usually no formal trial in this scenario. An uncontested divorce can be much less expensive than a contested divorce, saving you time, court costs and legal fees, as well as helping you avoid protracted disputes with your spouse. Others types of divorce fall somewhere in the middle. Mediation, arbitration and collaborative options allow the couple to be independently represented by counsel without incurring the full costs of a trial. The option that will work best for any couple depends on the level of disagreements between the spouses and the willingness to work together toward a resolution. Property DivisionProperty division is a big issue during a divorce. One of the most common questions is, “Who gets the house?” State law will usually dictates the divvying up of your property. It’s based on whether you reside in a separate property state or a community property state: • Separate property belongs only to one spouse, such as something you owned before getting married, gifts or inheritances specifically given to you or the proceeds of a pension that vested before the marriage. • Community property is everything that both of you earned and acquired during your marriage (e.g., the money from your job that you placed into a joint checking account and used to pay bills or debts during your marriage). Property like a house bought with a combination of separate and community funds is generally considered community property. Dividing Up Property YourselvesIf you and your spouse are going to try to divide your property yourselves, here are some steps to get you started: • List your belongings. Working together, makes a list of all of the items that you own jointly. Of course, you can omit items both of you agree are personal things of insignificant value. • Value the property. Try to agree on the value of anything worth more than a specific agreed amount, say $100 or $500. If there is a house, a business or anything that’s difficult to value, get an opinion about that from some agreed-upon outside authority. • Decide on the logical owner. Now go through your main list, item by item, and decide whether there is some good reason to have each piece of property go to one or the other of you. Start with the biggest value items and see how far you can get. • Get the judge’s approval. If you and your spouse can agree on dividing the property you own together, the court will normally approve whatever agreement you’ve reached. The only exception is when a party who doesn’t have a lawyer seems to have agreed to take a lot less than half of the property. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post How To Navigate Your Divorce Settlement first appeared on Michael Anderson.
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Estate Planning Attorney Bluffdale Utah Responding To A Petition For Child Support Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-to-navigate-your-divorce-settlement/ If you are not able to keep up with your mortgage payments, the prospect of foreclosure and with it losing your home can be daunting. Still, foreclosure is a rigorous legal process, and you have certain rights based on state law along with the mortgage documents you signed. Knowing your rights can help you navigate the foreclosure process as smoothly as possible, or even avoid it if your lender violated any foreclosure requirements. What Is Foreclosure?Foreclosure is the legal process that allows lenders to recover the balance owed on a defaulted loan by taking ownership of and selling the mortgaged property as collateral. Nonpayment is what usually triggers default, but it can also happen if a borrower does not meet certain other terms in the mortgage contract. Loss Mitigation RightsYour loan servicer is the company that handles your mortgage account, and it may or may not be the company that either issued or currently owns the loan. The loan servicer is required to contact you (or try to do so) by phone to talk about “loss mitigation” no later than 36 days after your first missed payment and within 36 days of any subsequent missed payments. Loss mitigation is the process by which you and your lender work together to try and avoid foreclosure. Within 45 days of a missed payment, your servicer must notify you in writing about your loss mitigation options and refer you to someone who can help you try to avoid foreclosure. In general, your servicer cannot start to foreclose until you are at least 120 days behind on your payments. Right to a Breach LetterMortgage contracts typically have a clause that obligates lenders to send a written notice called a “breach letter” to tell you when you are in default. The breach letter must include: Notice of the ForeclosureYou are entitled to notice of a pending foreclosure no matter which state you live in. If it’s a judicial foreclosure, you’ll get a complaint and summons letting you know that a foreclosure has begun. If it’s a non-judicial foreclosure, you may receive two notices: 1. Notice of default (NOD). Depending on state law, a non-judicial foreclosure starts when a notice of default is recorded at the county office. The NOD serves as public notice that you are in default. It contains details about the borrowers, lender, trustee, property, default, action required to cure the default, and a statement that if the default is not cured by the stated deadline, the lender will sell the property at a public sale. 2. Notice of sale (NOS). The notice of sale might be mailed to you, published in a local newspaper, posted on the property, and recorded in the county land records. It includes details about the property, a statement that the property will be sold at a public auction, and information about the foreclosure sale. If you do not receive an appropriate notice under your state’s laws, you may have a defense to the foreclosure. While that does not necessarily mean you could avoid the foreclosure, it may force the servicer to issue a new notice and start the foreclosure process from scratch. That could potentially give you enough time to get caught up on payments or sort out another option. Right to ReinstateDepending on state law, you may be able to stop a foreclosure if you make a lump-sum payment to get up to date on your loan, including any fees and expenses. In Utah, there is no right to reinstate after the foreclosure sale is completed. After that, you resume your regular payments. In general, you must reinstate the loan by a particular deadline, such as by 5:00 p.m. on the last business day before the property sale is scheduled. Your mortgage contract may also give you the right to reinstate. Check your mortgage or deed of trust for a section known as the reinstatement clause, titled as “Borrower’s Right to Reinstate After Acceleration” (or similar language) to find out if and how you can reinstate your loan. If you do not have a right to reinstate through state law or your mortgage contract, the lender may allow you to reinstate after considering your request. If the lender refuses, you can ask a court to allow the reinstatement. In general, a judge would rather avoid foreclosure if you have the cash to get current on your loan. Right of RedemptionAll states let borrowers pay off debt (including fees and expenses) and “redeem” their property before a foreclosure sale, and some states even allow borrowers to buy back the property after the foreclosure sale. To redeem the property, you pay the full balance due before the foreclosure sale or reimburse the person or entity that bought the property at the foreclosure sale, depending on the situation. In Utah, the only time you have a right of redemption is during the 90-day window after the Notice of Default has been recorded with the County Recorder’s office. After that, your right is gone. Call us to discuss options at that point. Right to Foreclosure MediationSome states, counties, and cities give property owners facing foreclosure the right to partake in mediation. In foreclosure mediation, you meet with your lender (or servicer) and an impartial mediator to discuss options likes a loan modification, short sale, repayment plan, or deed in lieu of foreclosure. Right to Challenge the ForeclosureNo matter where you live, you have the right to challenge the foreclosure in court. If it’s a judicial foreclosure, you can just participate in the existing foreclosure lawsuit. If it’s a non-judicial foreclosure, however, you must file your own lawsuit. In general, it may make sense to challenge the foreclosure if you think the servicer made a mistake or violated the law. Right to a SurplusIf the property sells at a foreclosure sale for more than you owe (including any fees, expenses, and liens on the property), you are entitled to the excess proceeds—called a surplus. Of course, depending on state law, if the foreclosure sale does not cover your debt, you may be on the hook for a deficiency judgment.7 Fair Debt Collection Practices Act Validation LetterThe Fair Debt Collection Practices Act (FDCPA) is a federal law that covers when, how, and how often third-party debt collectors can contact debtors. FDCPA may apply to foreclosures, but it depends on whether it’s judicial or non-judicial: Bank account garnishment means that a collection agency is legally allowed to remove money from your account to repay an outstanding debt, and is usually a last resort that creditors turn to when debtors repeatedly ignore requests to pay back what they owe. Loan companies won’t take the costly legal steps required to garnish a debtor’s bank account unless their mailed notices and phone calls have failed to settle the debt. According to the law, a creditor needs to win a judgment in order to garnish your account. In other words, the lender must file a lawsuit, which requires an attorney to deliver notice to both the borrower and the court. To begin withdrawing funds from a debtor’s account, the creditor needs an order or writ of garnishment, signed by a court official. The Internal Revenue Service (IRS) is the only creditor that can garnish money from bank accounts without a judgment. Having your bank account garnished is different from having your wages garnished. A court-ordered wage garnishment requires your employer to withhold a certain amount of your paycheck and send it to your creditor. Since the deduction takes place before your paycheck is cashed, this means that your bank plays no role in a wage garnishment. In rare cases, it’s possible for creditors to garnish both your wages and your bank account at the same time. Can Your Bank Account Be Garnished Without Notice?Once a garnishment is approved in court, the creditor will notify you before contacting your bank to begin the actual garnishment. However, the bank itself has no legal obligation to inform you when money is withdrawn due to an account garnishment. However, you may receive an automated overdraft notification if the garnished amount is greater than your available account balance. The notification of garnishment should come from your creditor and not your bank. After your bank is notified, it will need to follow the court order before honoring any other transactions you have scheduled. Federal law states that individuals who receive federal benefits will have their last two months’ worth of deposits reviewed to see which ones are exempt. If you believe that your bank account may be garnished, notify your bank of these transactions to ensure those funds are properly exempted. When a creditor garnishes your bank account, money that isn’t exempt from garnishment will be frozen and seized. Some banks may also charge non-sufficient fund (NSF) fees if the creditor attempts to withdraw more money than you have. Even if you have overdraft protection, the bank may be legally obligated to fulfill the transaction until the garnishment is satisfied. Some banks also charge a separate additional garnishment. Depending on where you live, account garnishment doesn’t necessarily mean the loss of your entire balance. State laws on bank garnishment vary, but most states impose a garnishment limit based on a percentage of your disposable income. This ensures that debtors will keep enough money to meet their living expenses. Certain types of income are specifically protected against garnishment. For example, direct deposits from federal benefits such as Social Security—are protected to some degree in every state. To lift the garnishment, you can try to contact the collection agency to negotiate alternative payment options. You may be able to lower interest payments, reduce the amount you owe, or make partial payments for a certain amount of time. However, you’ll have more bargaining power if you reach out to your creditor before a judgment is made. It’s in your best interest to prevent an account garnishment from happening in the first place. You can challenge the judgment in cases where the garnishment is made in error, is improperly executed, or presents a serious financial threat to you. If you decide to challenge the garnishment, seek help from an attorney and act quickly since you may only have up to five business days. If you can’t afford an attorney, search for legal aid offices that offer services for free or at a reduced rate. Filing for bankruptcy can stop a garnishment, but this should be considered as a last resort. When you declare bankruptcy, an injunction goes into effect that stops most collectors from calling, sending letters, or filing lawsuits and garnishments. The creditor filing the suit against you can ask the court to lift the injunction, but only under very special circumstances, but this doesn’t mean discharging your debt. You may still owe money after a bankruptcy. What Is Repossession?In repossession, a bank or leasing company takes a vehicle away from a borrower who is behind on payments, often without warning. Lenders might send a driver to collect the car, or they may take it away with a tow truck. In some cases, lenders can disable your car by remote control so you can’t drive it until you clear things up. Borrowers typically receive notification that they’re behind on payments, and lenders must inform borrowers about the consequences. But lenders might not tell you exactly when they’re coming for the vehicle. When Is Repossession Allowed?To borrow money or lease a car, you have to agree to specific terms. For example, you agree to make monthly payments on time and keep adequate insurance on the vehicle. If you don’t meet those requirements, the bank (or leasing company) has the right to take the car. Resulting ProblemsIn addition to losing the car, your credit will suffer, and you’ll probably owe significant fees. Repossession, whether you eventually get the car back or not, shows up on your credit reports for seven years and can lead to lower credit scores. We’ll discuss those problems in more detail below. Your RightsYour lender might have the right to take your car, but you also have rights. Private PropertyLenders can repossess a vehicle that is parked on private property, but state laws generally restrict them from “breaching the peace” while doing so. For example, repossession agents cannot damage your property to get access to a vehicle. They typically cannot destroy locks to get into your garage, nor can they use (or threaten to use) physical force when taking your car. Sales PriceIf your car is taken and sold, the lender needs to sell it for a “commercially reasonable” price.3 It doesn’t need to be the highest price possible, but the lender must make an effort to get fair market value out of the car. Why? The sales proceeds will go toward paying off your debt, so it would be unfair to repossess the vehicle and “give it away” to somebody else. DeficienciesThings don’t necessarily end after repossession. If your lender sells your car, the sales proceeds go toward your loan balance. In many cases, the car sells for less than you owe, so your loan is still not paid off. The amount you owe after the vehicle sells is called a deficiency. In addition to your loan balance, you also have to pay for costs related to repossession. Charges can include expenses for sending a repossession agent, storing the vehicle, preparing the vehicle for sale, and more. Those costs are all added to your deficiency balance. If you can’t pay the balance, expect your lender to send your account to a collection agency. At that point, you can negotiate a settlement, pay nothing, or set up a repayment plan. In some cases, your debt will be forgiven or charged off (possibly resulting in tax liability for forgiven debt). Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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How Much Is The Filing Fee In A Chapter 7 Case? Optimize Your Asset Protection Estate Planning Attorney Bluffdale Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/are-you-facing-foreclosure/ Estate planning isn’t just making a will in case of your untimely demise. It is preparing for any situation in which you are incapacitated and ensures your affairs are in order in case of death. What is Included in an Estate Plan?1. Will WillsWhen people think about estate planning, they generally think of the will. A will is a document in which you can make your final wishes known. This document will inform the courts, family and friends who you want to care for your children as well as how, asset distribution, pet care, and more. Without a will, it will be up to the probate court to determine where and with whom your children will live as well as asset distribution. Living TrustA living trust is a trust which allows you to transfer your assets or property to a person of your choosing (trustee) while you are still alive. There are essentially two main types of living trusts: revocable and irrevocable. A revocable living trust allows you to place the items into a trust while you are still living and the benefactor would receive them upon your death, after taxes. It allows the flexibility to modify the trust, remove or add beneficiaries, set or change the terms of the trust and determine how the assets are managed. An irrevocable trust does not offer the same flexibility that a revocable trust does but has its own benefits. Once an irrevocable trust is established, you are not able to modify any aspect of the trust (there are certain exceptions, but those exceptions will come with great difficulty). It does offer a benefit to the benefactor in that they will not have to pay taxes on the assets upon death, nor would they be responsible for any taxes on income earned from said assets. While a revocable trust is easier to establish, an irrevocable trust can be more difficult, and it would be in your best interest to hire an experienced estate planning attorney in Los Angeles to assist you. Advanced Healthcare DirectivesAdvanced Healthcare Directives is another big one that you can’t afford to go without. The Advanced Healthcare Directives is comprised of several documents that will act as your voice in the event of becoming medically or mentally incapacitated. The set of documents can include: Durable Power of AttorneyThe Durable Power of Attorney is a document in which you would name an individual (an agent) to act on your behalf (the principal). This would allow the agent to pay your bills, speak to creditors and much more while you’re incapacitated. It’s important to choose someone who has your best interests at heart. A durable power of attorney as opposed to a general power of attorney only becomes effective once the individual becomes incapacitated (if created specifically for incapacitation). Do Not Resuscitate (DNR) OrderThe Do Not Resuscitate Order is a part of the living will. It is a document in which you make your wishes known whether you’d like to be resuscitated should the need arise. Physician’s Order for Life-Sustaining Treatment (POLST)This document allows you to choose a primary and secondary physician to carry out your end of life treatment. The secondary comes into effect if your first-choice physician is unwilling or unable to carry out your wishes. Organ and Tissue DonationAlso, as a part of your living will, you’ll be able to make your wishes known if you’d like to donate any organs or tissue in the event of your death. That may be a lot to take in and you may be wondering where to start. The best and safest way to structure your estate planning and all that comes with it is to consult and work with an experienced estate planning attorney in Bluffdale for the best outcome. The Hidden Benefits of Estate Planning in Bluffdale, UtahIt is widely accepted that a valid will, established trusts, and other estate planning strategies and documents have various benefits for the heirs of a decedent’s property. In fact, the act of estate planning itself gives rise to an array of practical and immediate benefits. Looking at Your AssetsWhen writing a will or establishing a trust, you will need to look over and take careful stock of the property and assets you own. Investments, cash, insurance policies – all these and more must be taken into account when planning for your estate. You will also need to think seriously about what you want done with these assets after your death, and who the best person is to carry out your wishes. Sound familiar? Of course – but consider this. By forcing you to take a hard look at the status, amount, and distribution of your assets, the estate planning process also gives you a newfound awareness and understanding of your financial situation. It forces you to assess your property from a pragmatic, logical perspective which is also useful for managing your assets during your lifetime. In other words, you benefit immediately from estate planning. Communication – The Next StepAnother thing that estate planning forces you to do is communicate. You must discuss your plans with your family and friends, negotiate compromises, and persuade hold-outs, if you want to avoid conflict over your property after you die. The hidden benefit? An increased dialogue with the people you care about, especially since the conversation concerns an issue both parties should be interested in. Furthermore, estate planning may also require that you build a relationship with lawyers, financial advisors, doctors, and/or other professionals who can help and advise you in other matters as well. The network you build through estate planning will benefit you even in your daily life and affairs. The process of estate planning not only prepares you for the distant future, but also provides benefits in the here and now. How to Avoid Probate in Bluffdale, Utah• Revocable Living Trust: Living trusts were invented to let people make an end-run around probate. The advantage of holding your valuable property in trust is that after your death, the trust property is not part of your probate estate. (It is, however, counted as part of your estate for federal estate tax purposes.) That’s because a trustee not you as an individual owns the trust property. After your death, the trustee can easily and quickly transfer the trust property to the family or friends you left it to, without probate. You specify in the trust document, which is similar to a will, whom you want to inherit the property. (To learn more about living trusts, read How Living Trusts Avoid Probate.) • Pay-on-Death Accounts and Registrations: You can convert your bank accounts and retirement accounts to payable-on-death accounts. You do this by filling out a simple form in which you list a beneficiary. When you die, the money goes directly to your beneficiary without going through probate. You can do the same for security registrations, and, in some states, vehicle registrations. More than half of the states also now allow transfer-on-death real estate deeds that take effect when you die. • Joint Ownership of Property: Several forms of joint ownership provide a simple and easy way to avoid probate when the first owner dies. To take title with someone else in a way that will avoid probate, you state, on the paper that shows your ownership (a real estate deed, for example), how you want to hold title. Usually, no additional documents are needed. When one of the owners dies, the property goes to the other joint-owner—no probate involved. You can avoid probate by owning property as follows:• Joint tenancy with right of survivorship. Property owned in joint tenancy automatically passes, without probate, to the surviving owner(s) when one owner dies. • Tenancy by the entirety. In some states, married couples often take title not in joint tenancy, but in “tenancy by the entirety” instead. It’s very similar to joint tenancy, but can be used only by married couples (or in a few states, by same-sex partners who have registered with the state). Both avoid probate in exactly the same way. • Community property with right of survivorship. If you are married (or in Bluffdale, if you have registered with the state as domestic partners) and live or own property in Alaska, Arizona, California, Idaho, Nevada, Texas or Wisconsin, another way to co-own property with your spouse is available to you: community property with the right of survivorship. If you hold property in this way, when one spouse dies, the other automatically owns the asset. • Gifts: Giving away property while you’re alive helps you avoid probate for a very simple reason: If you don’t own it when you die, it doesn’t have to go through probate. That lowers probate costs because, as a general rule, the higher the monetary value of the assets that goes through probate, the higher the expense. And most gifts aren’t subject to the federal gift tax. Handling Estate Planning After DivorceIf you think that the finalization of your divorce is the last stage of the matter, you need to brush up on your knowledge on this. Usually, this leads to other legal matters, especially those concerning your estate planning. You would need to handle numerous tasks – home refinancing, re-titling of assets, dividing retirement assets, and such others. Here is a checklist of the areas you would need to pay attention to at this stage. While some of these are easy to handle, some require legal help. Getting a competent family law lawyer can be a necessity in this regard. Amending beneficiary designations for life insurance, employer retirement plans, annuities, individual retirement accounts, and health savings accounts – is comparatively easier. All you need to do is get the right forms, fill these and file these. This applies to Transfer on Death (investment) and Payable on Death (bank) accounts.Amending powers of attorney, wills, and health care documents – requires expertise in the estate planning aspect of family laws. In-depth knowledge of the Bluffdale laws pertaining to the matter is imperative. Do not neglect this task; these documents are a determining factor affecting the future of your finances. Getting qualified and experienced legal counsel is important to handle these tasks. While a lawyer knows which elements of estate-planning need amendments due to your divorce, you may have no clear idea about the same. Moreover, your lawyer has experience in dealing with such post-divorce estate planning and knows the way to approach it. Apart from qualification and experience, be sure to get a family law lawyer who has expertise in the field of estate planning. The Probate Process In Bluffdale UtahMost of what happens during probate is essentially clerical. In the vast majority of cases there’s no conflict, no contesting parties, none of the usual reasons for court proceedings. Probate rarely calls for legal research, drafting, or a lawyer’s adversarial skills. The probate attorney, or the attorney’s secretary, fills in a small mountain of forms and keeps track of filing deadlines and other procedural technicalities. In some states, the attorney makes a few routine court appearances; in others, the whole procedure is handled by mail. Probate FeesFor their services, both the lawyer and your executor will be entitled to fees from your estate. • Executor fees: It’s common for the executor to waive the fee, especially if he or she inherits a substantial amount of your property. • Attorneys’ fees: In many states, probate fees are what a court approves as “reasonable.” In a few states, the fees are based on a percentage of the estate subject to probate. Either way, a probate attorney’s fees for a “routine” estate with a gross value of $400,000 (these days, this may be little more than a home, some savings and a car) can easily amount to $20,000 or more. • Other probate costs: In addition, there are court costs, appraiser’s fees, and sometimes other expenses. Free Consultation for Estate Planning in Bluffdale UTIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Estate Planning Attorney Bluffdale Utah first appeared on Michael Anderson.
4.9 stars – based on 67 reviews
How Much Is The Filing Fee In A Chapter 7 Case? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/estate-planning-attorney-bluffdale-utah/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
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