Yes. Yes, you can. In the common law system of the United States, misdemeanor offenses are part of statutory criminal codes; in terms of severity, they fall between administrative offenses and felonies, which mean that they may be punished with a term of incarceration in addition to probation and monetary fines. Even though they are considered to be criminal acts, not all misdemeanors will land defendants in jail. For the most part, the maximum sentences associated with misdemeanors involve spending less than a year in a county jail, but the reality is that judicial systems in many jurisdictions prefer not to impose this type of punishment. When it comes to misdemeanors, court systems observe statutes, levels, factors, sentencing guidelines, and rules of procedure, jury findings, prosecutorial recommendations, and requests from defendants prior to dictating a jail sentence. Even when statutes call for a term of incarceration, judges can choose to reduce or suspend sentences, thereby keeping defendants out of jail. Relatively minor offenses such as shoplifting and disorderly conduct do not generally convey jail sentences. Even if there are aggravating factors that elevate the sentencing guidelines to a maximum of 90 days in a county jail, chances are that the incarceration term can be suspended because of external mitigating factors. The criminal codes in most jurisdictions feature jail terms for defendants convicted of gross or aggravated misdemeanors; however, this does not necessarily mean that the sentence will be imposed and enforced. In Utah, for example, driving under the influence is a gross misdemeanor that could result in 364 days in jail, but rarely will defendants end up behind bars for a first offense. Also, a state where DUI offenses are not technically misdemeanors but still carry a jail sentence, judges will suspend jail sentences for cases that do not involve injury or property damage. In Utah, aggravated misdemeanors may result in what is known as active sentences, which consist of jail terms up to a year. In some cases, judges may not be able to reduce active sentences if the offense involved assault with a weapon and the defendant has a prior conviction. Sexual battery is an example of an aggravating factor that often requires active sentences to be carried out The primary distinction between a misdemeanor and a felony is the amount of jail time a person faces if convicted. Misdemeanors, generally, do not allow jail sentences of more than one year, while felony convictions can carry sentences starting at one year going all the way up to life sentences, and in some states, death sentences. Another distinction is that felony convictions will require jail sentences be served at state run facilities, often referred to as prisons, while misdemeanor sentences are generally served at local or county run facilities, which get referred to as jails. With any conviction, the court is going to assess fines not just for the crime itself, but for court costs, processing costs, and potentially even the costs to house you in jail. Typically, the fines for a misdemeanor conviction in any given state are going to be less than those assessed against an individual convicted of a felony, but can still be rather substantial. Many states also qualify some misdemeanors as petty crimes. Petty crimes usually carry lesser fines and lesser maximum jail sentences. It should be noted that many times the terms expungement and sealed are used interchangeably, but that is not the case. If records are only sealed, then in some cases, state law may allow for them to be opened under very specific cases. Sometimes this may be when law enforcement personnel are investigating a case or if a person is arrested or facing conviction of a serious crime at a later date. If your state only seals records, it may be in your best interests to investigate further the circumstances that may lead to the unsealing of a legal record. One of the most powerful forms of expungement is a Certificate of Actual Innocence. These can be issued if a person is charged with a crime, but those charges are later dropped, or the defendant is found not guilty after going through a trial. Obtaining a certificate counteracts any possibility that a record may be unsealed and cause issues for a person at any point in the future. It basically proves that a legal record should have never existed at all in any form. Another possible avenue for someone who has been convicted and seeking expungement is to obtain proof of rehabilitation. This proof can stand on its own or be used as part of the petition. It provides evidentiary proof that a person has taken the necessary steps to live a life of exemplary conduct, taking steps to be proactive in correcting any past possible wrongs they may have committed. This includes demonstrated remorse and full payment of any restitution due to victims. Expungement may also take the form of a pardon from state law enforcement officials. A pardon does not erase the crime you committed, but it does provide an official notice that you have been forgiven for that crime. You will still need to disclose information about past criminal activity when required, but a pardon will offset the impact of that record to some degree. The single biggest benefit of a successful expungement is that you can truthfully and legally say you were never arrested, accused or charged with a crime. It is as if the entire incident never happened and restores you to your state in life before you were ever arrested, charged or convicted. When you apply for a job, or if you are already working for an employer, they are not allowed to ask about an expunged conviction. It cannot be used against you in any employment decision either. An expunged conviction will also not show up in most all employer background checks as well. Because you can legally answer no on job applications regarding whether or not you have a criminal history, you can become eligible to apply for better jobs that pay more, increasing your earning capacity and lot in life. In addition, many landlords not only run credit checks, but criminal background checks as well. After an expungement, no activity will pop up, meaning you won’t be denied from living where you want to live. The same also applies when making an application for a mortgage or a credit card in some cases as well. Most states treat the expungement of records for minors differently than they do for adults. In some states, the expungement of records for minors is even mandatory. Many states also seal records of minors automatically and immediately. The premise is to not have a youthful offender suffer the consequences of a legal record follow them around into adulthood, negatively impacting them for an extended period of time. With few exceptions, and if all conditions are met, the expungement process will typically start by filing an application or a petition for an expungement. Misdemeanor Defense Lawyer Free ConsultationWhen you need legal help with a misdemeanor in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Does A DUI Show Up On A Background Check Before Conviction? Can An Executor Refuse To Pay A Beneficiary? Which Is Better Divorce Or Separation? via Michael Anderson https://www.ascentlawfirm.com/can-you-get-jail-time-for-misdemeanors/
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Theft of services occurs when an offender fails to pay for services (such as a meal or hotel room rather than a good or material – like a car or stereo). Sneaking into paid events is also considered theft of services. Degree of CrimeDepending on the facts, theft of services can be charged as a 2nd degree felony, 3rd degree felony, class A misdemeanor or class B misdemeanor. Elements of TheftA defendant commits a 2nd degree felony theft of services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and A defendant commits a class A misdemeanor theft of services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and the value of the services stolen is or exceeds $500 but is less than $1,500. A defendant commits a class B misdemeanor theft of services when they obtain services which they know are available only for compensation by deception, threat, force, or any other means designed to avoid the due payment for them and the value of the services stolen is less than $500. Fine Imprisonment For Crime• 2nd degree felony: A term of imprisonment not less than 1 year nor more than 15 years. DNA Specimen AnalysisA defendant convicted of a class A misdemeanor, 2nd or 3rd degree felony theft of services must provide a DNA specimen. How theft of services charges workAs far as fines and imprisonment are concerned, Utah law makes no distinction between theft of services and theft of tangible property. The severity of the offense generally depends on the value of the property or services appropriated. However, some aggravating factors may apply as well: Having former prosecutors on our staff, the team at our law firm has access to a wealth of practical knowledge about how prosecutors function. This enables us to negotiate on behalf of our clients and resolve their cases more efficiently. Theft in Utah occurs whenever a person “obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.” These are the basic elements every prosecutor needs to prove beyond a reasonable doubt in order to convict a person of this crime. Although this is the general law regarding, there are laws in Utah prohibiting specific types of stealing. These specific types include the following: Levels of theftThe level of criminal offense for stealing in Utah varies from a class B misdemeanor, such as in the case of a first time shoplifting offense, to a second degree felony. In determining what level of offense to charge someone, a prosecutor is governed by factors given by Utah law. The most serious offense, a second degree felony, is that level because the property stolen was valued at or more than $5,000, the property was a firearm or motor vehicle, the property is stolen from the person or another, or the theft was committed by someone using a dangerous weapon. The level of offense is primarily based upon the value of the property taken but other factors exist. We can explain all the factors used to determine whether a theft is a felony or a misdemeanor. Theft in Utah can also be enhanced to a higher level of offense if a person was convicted previously of theft in a 10 year period or 5 year period depending on the circumstances of the case. Under Utah law, a person commits theft if he “obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof.”. Theft means that a person unlawfully takes someone else’s property with the intent to keep it for some period of time or not return it to the rightful owner. Utah criminal statutes also contain a number of other specific types of theft offenses including theft by extortion, theft of lost, mislaid, or mistakenly delivered property, and receiving stolen property. Theft Crimes in UtahUtah law provides for a wide variety of theft crimes including: Penalties for Theft• Class B Misdemeanor Theft: Theft of property or services valued at less than $500 is usually charged as a class B misdemeanor in Utah. The punishment for a class B misdemeanor in Utah includes imprisonment for a term of no more than six months and a fine of no more than $1,000. Most shoplifting or retail theft offenses in Utah are charged as a class B misdemeanor when the value of the property stolen is less than $500. • Class A Misdemeanor Theft: Theft of property or services valued at more than $500 but less than $1,500 is usually charged as a class A misdemeanor in Utah. The punishment for a class A misdemeanor in Utah includes imprisonment for not more than one year and a fine of not more than $2,500. • Third-Degree Felony Theft: Theft of property or services valued at more than $1,500 but less than $5,000 is usually charged as a third-degree felony in Utah. Also, theft can be charged as a third-degree felony in Utah if, within the past 10 years, the offender has twice been convicted of any kind of actual or attempted theft, robbery, fraud, or burglary with intent to commit theft. The punishment for a third-degree felony in Utah includes imprisonment for a term of not more than five years and a fine not to exceed $5,000. Theft is a very serious crime in Utah that carries stiff penalties. A theft conviction is one where charges can be added onto each other, which means that multiple convictions of even minor offenses can become very serious, as multiple charges means multiple sentences. A person commits theft if he obtains or exercises unauthorized control over the property of another with a purpose to deprive him thereof. There must be evidence to support the accusation made by the police. This evidence often does not meet the standard laid out in the law. Conduct denominated theft in this part constitutes a single offense embracing the separate offenses such as those heretofore known as larceny, larceny by trick, larceny by bailers, embezzlement, false pretense, extortion, blackmail, receiving stolen property. An accusation of theft may be supported by evidence that it was committed in any manner specified, subject to the power of the court to ensure a fair trial by granting a continuance or other appropriate relief where the conduct of the defense would be prejudiced by lack of fair notice or by surprise. Theft Lawyer Free ConsultationWhen you need to defend yourself against theft charges in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Does A DUI Show Up On A Background Check Before Conviction? Criminal Defense Lawyer Heber City Utah Should I Trademark A Business Name Or Logo? via Michael Anderson https://www.ascentlawfirm.com/what-is-theft-of-services/ First is to look through their private papers. Next, call the deceased’s lawyer, who may have a copy. Probate is the way toward demonstrating and enrolling in the Supreme Court the last Will of a perished individual. At the point when an individual dies, someone needs to manage their domain. It is generally the agent of their Will who controls the domain and handles the transfer of their advantages and obligations. So as to get specialist to do this, they as a rule need to acquire an authoritative archive called an ‘Award of Probate’. To ensure the premiums of the individuals who hold the perished’s advantages (for instance banks) the agent might be approached to demonstrate they are approved to manage the Will before the benefits can be discharged. The Grant of Probate is the verification required. An agent can be an individual or a trustee organization like the Public Trustee. When a Grant of Probate has been given, the board of the perished’s advantages can securely be moved to the agent. It would be ideal if you note that the Public Trustee applies for the Grant of Probate for those homes where it has been assigned as Executor in a Will. The Public Trustee does not supply ‘Grant of Probate’ application forms or provide assistance to complete applications. How to Find WillLocate the perished individual’s full lawful name •The Death Index gives data to the individuals who died after 1936 and who had a Social Security number. •”_________ (embed suitable name) County probate court” 3.Providing a self-tended to, stepped envelope for mailing the duplicates if the solicitation isn’t made face to face. WillsA few locales license nuncupative, or oral, wills. These wills might be deathbed wills that are made upon need when demise is up and coming. Locales vary with regards to the necessities of observers. Notwithstanding, most locales that permit nuncupative wills require there to be at any rate two observers to the will. One of Probate Attorney Free ConsultationWhen you need help findings someone’s will in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We can help you with probate cases. Probate Litigation. Trusts and Estates. Elder Law. And Much More. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What Happens To Separate Property At Death Of A Spouse? Can My Mortgage Company Refuse Payment? via Michael Anderson https://www.ascentlawfirm.com/how-do-you-find-someones-will-after-they-die/ The simple answer is yes – it shows up as a “charge” but not a “conviction” on your background check. DUI criminal records may be a valuable source of criminal background history information about a person for someone like a prospective or current employer, insurance companies, universities, professional licensing entities, or whoever wishes to look up specific facts on DWI convictions or may be running a criminal background check against the DUI offender. Even if criminal information on someone has long been sealed or erased from other types of public records since long time ago, a DUI record may still contain it. Forever. The point is too many people fail to realize a DUI conviction will not clear from their criminal record automatically after a certain number of the years, be it even misdemeanor DUI charge, for DUI expungement is a civil action requiring plaintiff’s petition. DUI is the kind of record that can keep to appear on a person’s criminal record forever unless proper and required steps are taken towards its expungement. Moreover, not all states allow clearing record of driving under the influence, and some will have it done if certain requirement met only. Another useful thing to know is that normally both DMV and the court will have a DUI criminal record on file. Many people fail to realize that deleting the record from court files doesn’t mean automatic expungement from the police DUI record maintained by DMV, and vice versa. Again, if you are an offender wishing to have your DUI record expunged, you should do that only with the help of a qualified lawyer specializing in the matter. Contact your DIU lawyer still before spending your time and money what possibly can’t be done. For the moment of writing this review, DUI records expungement was 100% possible in California and Utah, as well as there were chances for DUI record sealing in Nevada; certain expungements were possible in Minnesota. In Florida, New York, Washington and Texas, DUI expungement is possible if the case is dismissed, vacated, set aside or terminated in any other way. The DUI related legislature changes quickly, so don’t get into despair if your state is not on the list. The things may change. Even if DUI regulations and laws, as well as DUI records expungement standards differ from state to state, the requirements determining whether offender’s DUI record can be cleared or not, are very similar and normally they take into account the following: • The time that passed since the conviction before expungement application was filed; Driving Under the Influence (“DUI”) is a unique crime in American society because, quite literally, it is the one crime that almost any adult citizen can find himself or herself charged with. Alcohol is served at virtually every restaurant or evening social event. Every day thousands of otherwise-law-abiding citizens leave such events and drive away even though they are technically “under the influence” of alcohol. The fact is that most adult Americans drink alcohol on at least occasional situations. And, most adult Americans live in non-urban areas where taxicabs and public transportation are not easy options, particularly in the evening hours. Everyone knows that it is preferable to have a “designated driver” who is not drinking and can drive you home. Everyone also knows that driving under the influence is illegal and can have severe ramifications. The reality, however, is that every day good and honest people find themselves charged with DUI. It is important for all drivers to have a basic understanding of DUI law, how police officers conduct DUI investigations and the rights and options available to DUI defendants. Utah DUI LawFor many people charged with DUI, the arrest process is truly terrifying and dehumanizing. Many (or most) DUI defendants pride themselves on being productive and positive citizens, so being handcuffed and treated like a criminal can be a life-altering experience. A DUI arrest is less overwhelming and intimidating, however, when people have a basic understanding of DUI law. A person may be charged with DUI if he or she drives a motor vehicle on a roadway under the influence of alcohol or drugs. Police may stop a car for suspicion of DUI only if they have “probable cause” to believe that the driver has committed a crime or violation. Police may not randomly stop a car for no reason (although in the case of properly established “sobriety checkpoints, the police are permitted to stop every car that passes the checkpoint). The type of “crime” which can justify a police vehicle stop includes potential violations of the vehicle code (traffic violations) such as speeding, straddling a lane, turning with a wide radius, following another car too closely, braking erratically or driving at night with the headlights off. The police may also stop a vehicle if the registration or inspection is out-of-date (based on dated stickers on the car) or if they input the license plate into their computer system (which they are allowed to do) and there is some problem with the vehicle registration. Utah DUI law has a three-tiered punishment system depending on a person’s blood-alcohol level. Penalties for DUI convictions increase with each tier. The least severe penalty applies for those who drive with a blood alcohol content of.08 to.099 percent. More severe penalties apply for those who drive with a blood alcohol content from.10 to.159 percent, and the harshest punishment applies to those with a blood alcohol content of.16 percent or greater. A person’s blood alcohol level must be determined from blood drawn within two hours after the individual was in actual control of the vehicle (although exceptions exist for this two-hour “requirement”).People who “refuse” or decline to take a blood-alcohol test upon request of the police are deemed to be in the highest blood-alcohol content tier. DUI Investigations After Police Are On The ScenePolice officers are taught that once they encounter a person who they suspect has been driving under the influence (which is typically after a traffic stop or arriving at the scene of an accident), they should conduct an appropriate investigation to confirm whether the person was driving under the influence. District Attorney’s offices want such investigations to be thorough and legally appropriate so that they can prove the case if it proceeds to trial. The first stop in conducting such an investigation is typically to engage the driver in Standardized Field Sobriety Tests. Standardized Field Sobriety Tests were developed as the result of research conducted in the mid 1970s for the National Highway Traffic Safety Administration (“NHTSA”). The purpose of this research was to develop standardized tests which would provide a reliable method of determining whether a person is intoxicated based on field sobriety tests. The NHTSA has concluded that three tests, if systematically conducted according to strict guidelines, can predict whether a person may be under the influence of drugs or alcohol. The only three field sobriety tests approved by the NHTSA are the Horizontal Gaze Nystagmus (“HGN”) test, the Walk-and-Turn test the One-Leg Stand test. Police officers should be trained to look for established “scoring factors” or “clues” which must be evaluated in determining whether or not intoxication exists. A finding of intoxication should only arise once a certain number of clues are identified. If less then the certain level of clues are identified, the officer should conclude that there a high degree of probability of non-intoxication. For cases that proceed to trial, it is important for defense counsel to carefully question police officers with respect to their field sobriety test training and adherence to NHTSA protocols. If a police officer is unsure of these protocols and/or the NHTSA-approved indicator system, his or her conclusions can lose credibility with a judge or jury. Horizontal Gaze Nystagmus (“HGN”) TestHorizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes rotate in the socket. In theory, a sober person can visually follow a moving object smoothly and without nystagmus (“stopping and starting” of the eyeball). Nystagmus is typically exaggerated when a person is under the influence of alcohol, resulting in a jerking motion as the eyes rotate. In the HGN test, the officer slowly moves an object such as a pen or small flashlight back and forth in front of a person’s eyes and observes the actual eye movement. The examiner looks for three indicators of impairment with respect to each eye: (1) if the eye cannot follow a moving object smoothly, (2) if jerking is distinct when the eye is at maximum deviation, and (3) if the angle of onset of jerking is within 45 degrees of center. The NHTSA has concluded that if, between the two eyes, four or more indicators are present, the subject likely has a BAC of 0.10 or greater. It is important to note that even the NHTSA acknowledges that the HGN testing correctly classifies approximately 77 percent of suspects. Accordingly, the HGN test will result in many false positives and cannot be considered a reliable indicator of intoxication. Indeed, the HGN is not admissible in Utah courts although police are permitted to use the test to establish probable cause to arrest. People taking certain prescribed medication may also “fail” the HGN test even though they are not intoxicated. Walk-and-Turn TestIn the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line and then turn on one foot before returning in the same manner in the opposite direction. The examiner is taught to look for seven possible indicators, or “clues”, of impairment. If two or more clues are identified, a person is considered to be likely intoxicated. Significantly, the NHTSA concedes that only 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. Additionally, a person may have some reason unrelated to intoxication — such as a physical disability, high-heeled shoes, naturally poor balance — that makes it more difficult to complete the test. It is very important to point out these issues to a judge or jury when a case goes to trial. One-Leg Stand TestIn the one-leg stand test, a person is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (one thousand-one, one thousand-two, etc.) until told to put the foot down. The NHTSA protocols call for the examiner to observe the subject for 30 seconds. The officer looks for indicators of impairment including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. The NHTSA itself admits that only 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. And, like the walk-and-turn test, there are many factors other then intoxication that can make it difficult for a person to stand on one foot for 30 seconds. Certainly there are many people who cannot stand on one leg for 30 seconds under any circumstances. In analyzing the strength of a DUI case, it is important to carefully examine field sobriety test evidence. In many cases, police officers do not administer the test in full compliance with NHTSA guidelines. Cross-examining police officers with NHTSA protocols or even the police department’s own training manuals may expose a lack of knowledge and understanding in conducting these tests. At trial, all of these factors must be fully explored so that a judge or jury understand the fallibility of field sobriety testing. Blood Alcohol TestingUtah state law provides that the police may not perform a chemical test of a driver’s blood alcohol content (i.e., a breath test or a blood test) unless there are “reasonable grounds” to believe that the driver was operating a vehicle under the influence of drugs or alcohol. As described above, the police use field sobriety tests to help develop “reasonable grounds” to submit motorists to chemical testing.By law, people who drive a vehicle in Utah are deemed to have given their consent (agreed) to provide a breath, blood or urine sample when requested to do so by the police if (and only if) the police have reasonable grounds and have arrested the person for DUI. Motorists who refuse chemical testing (assuming reasonable grounds to arrest exist) will have their license suspended for at least one year by UDOT, and the fact that they “refused” the test may be used against them at trial. From a defense standpoint, it is important to carefully examine whether the police appropriately developed “reasonable grounds” to believe a driver may have committed a DUI. Where “reasonable grounds” are found not to exist, all subsequent chemical testing may be suppressed. Alcohol is absorbed into the body through the stomach and small intestine over time. Alcohol has no physiological effect on the body or brain until it is absorbed into the blood stream. The rate at which alcohol is absorbed into the blood stream depends on many factors including the type of alcohol and whether the person has a full or empty stomach. Food in the stomach significantly delays the absorption of alcohol and reduces the peak level of blood-alcohol content. Regarding the type of alcohol, the ingredients in beer act almost like a food and delay the absorption of the alcohol as opposed to liquor or wine. Alcohol is eliminated from the body at approximately 0.015 % per hour. The two most common chemical blood tests are blood testing and breath testing. Blood TestingUtah law requires employees at to withdraw blood samples on DUI suspects unless there are emergency situations at the time the request is made. Utah law also requires that blood (and urine) tests be performed at licensed and approved clinical laboratories using approved testing methods and equipment. It is important to carefully examine blood test results to determine if the variance or margin of error may include the possibility that the true blood-alcohol content was in a lower tier or below 0.08 percent altogether. If a person’s blood-alcohol content is tested to be, say, 0.10 percent, no toxicologist (or prosecutor) can say with any certainty that the person’s actual blood alcohol concentration was above or below this level. Virtually every toxicologist will concede that there is a variance of 3 to 10 percent within which the actual blood alcohol content would likely fall. Even if someone elects to seek admission into the Accelerated Rehabilitative Disposition (ARD) program or plead guilty to DUI it is important to evaluate whether the documented blood-alcohol content can be reduced using a margin-of-error analysis. Anyone charged with DUI should carefully review all of these issues with an experienced criminal defense attorney. Breath TestingPolice frequently test blood-alcohol content by subjecting the motorist to a “breathalyzer” machine. These machines are different from — and much more sophisticated than — the “portable breath test” units police use to test blood-alcohol content at the scene of the stop. To be admissible at trial, breath tests must be conducted in conformity with regulations set forth by UDOT. These regulations require the machine to be regularly calibrated and the person operating the test to be appropriately certified. Additionally, the regulations require that two breath test samples be taken which must be within 0.02 percent of each other. A failure of the police to comply with any of these regulations can result in the results being suppressed (ruled inadmissible) at trial. As with blood testing, breath test results have a margin of error that should be considered in determining a person’s actual blood-alcohol content. Accelerated Rehabilitation Disposition Program (ARD)People charged with a first offense DUI in Utah may be eligible for the Accelerated Rehabilitative Disposition (ARD) program. ARD is a pre-trial intervention program that is designed to divert first-time, non-violent offenders from the criminal justice system. Admission into the ARD program results in no jail time and a greatly reduced license suspension. District Attorneys’ offices are permitted to have their own unique criteria and conditions for admission into an ARD program. It is important to understand that cases that may qualify for ARD in one county might not for another. It is also important to understand the procedures defendants must follow in each county to be eligible for ARD. Once a person has successfully completed the ARD program, the criminal charges are legally dismissed. The person may then file a petition with the court to have all records of the arrest expunged from his or her criminal background history report. It is important to note that when a person is charged with DUI following an accident with injuries or property damage, or if a person has an extremely high blood alcohol level, he or she may not be entitled to admission into the ARD program. Typical Defenses to DUI ChargesNaturally, it is impossible to list all the potential defenses to a DUI case because every DUI case is different. Many defenses to DUI cases, however, involve one or more of the following theories: Was the person actually driving? To prove a DUI case, the prosecution must prove that the defendant was physically in control of a motor vehicle on a roadway. If the police cannot prove the person was actually driving (such as in the case of an accident where no one witnessed who was driving or if someone is asleep in a parked car) or that the person was driving on a roadway (such as when a person is stopped in certain parking areas or driveways), the person may have a legitimate defense to the charge of DUI. Was the person read his rights / Miranda warnings? Incriminating statements may be suppressed if the proper Miranda warnings were not given at the appropriate time if a person was subjected to custodial interrogation. Miranda warnings are usually not an issue in DUI prosecutions because prosecutors rarely seek to use a person’s words against them at a DUI trial. However, if the prosecutor does seek to use the person’s words at trial, the Miranda warnings can become an issue. Was a person appropriately informed of the Implied Consent warnings? If the officer did not advise a person of the consequences of refusing to take a chemical test as part of a DUI investigation, or provides inadequate or incorrect information, then any suspension for failing to take such a test can be avoided. Did the person truly appear to be “under the influence”? At a DUI trial, a police officer is generally allowed to offer his or her opinion regarding whether a driver was intoxicated. Naturally, an officer’s observations and opinions in this regard can be cross-examined. Appropriate questioning can include (1) the nature and circumstances surrounding any field sobriety tests (was the weather a factor? did the defendant have any pre-existing medical issues? was the defendant wearing shoes or clothing that affected field sobriety testing) (2) the subjective (and perhaps predisposed) nature of what an officer considers as “failing” a field sobriety test, (3) whether the officer complied with standardized field sobriety guidelines, and (4) whether the field sobriety tests were witnessed by any third party or videotaped by the police. Was the person’s blood-alcohol concentration tested accurately and appropriately? There are a wide range of potential issues with blood, breath and urine testing for blood-alcohol content. Blood testing involves a recognized margin of error and variance which must be considered in evaluating test results. Many toxicologists contend that the margin of error of blood testing at state-accredited labs should be presumed to be no less than 9 percent. With respect to breath tests, some toxicologists maintain that the margin of error ought to be considered at 10 percent. Most toxicologists agree that it is also important to understand the physiological makeup of the person charged (male or female, height and weight) before offering a final opinion on the appropriate margin of error or variance with respect to blood alcohol testing. • Driving Under the Influence is a charge that can affect almost anyone. Most people drink alcohol at least occasionally and live in areas where taxicabs and public transportation are not always a realistic option. The result is that many people find themselves, at some point in their lives, driving an automobile after consuming alcohol. • A DUI charge is almost always a traumatic and upsetting experience to the person charged. Many DUI defendants are good and law-abiding persons who are not used to being charged with a crime or being required to appear in court. • Fortunately, our law recognizes that people charged with a first-offense DUI frequently deserve a second chance at a clean criminal record. With the availability of first-time offender’s programs such as ARD, many people in our society have been charged with DUI, navigated through the system, and emerged from the process to live productive and fulfilling lives. • It is important for anyone charged with a DUI to have a basic understand of the law and the available rights and options. Armed with this information, and appropriate legal representation, persons charged with DUI can address the charges in a responsible way and ultimately put the entire experience behind them. DUI Lawyer Free ConsultationWhen you need legal help to defend against a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Do You Have To Pay Back A Loan Modification? What Happens To Separate Property At Death Of A Spouse? Family Lawyer Grantsville Utah via Michael Anderson https://www.ascentlawfirm.com/does-a-dui-show-up-on-a-background-check-before-conviction/ If you are seeking information on divorce, an experienced Herriman Utah divorce lawyer is your best friend. Utah divorce law is complex. American law in general is very complex. Like a spider’s web, the web of law is very complex and, except to insiders, may seem entirely bewildering, but it has structure. Do not attempt to navigate the complex web of Utah divorce laws. Seek the assistance of an experienced Herriman Utah divorce lawyer. The structure of the American legal web, and thus its complexity, is driven by the principles of separation of powers, checks and balances, and federalism. So, theoretically, the task of law is divided among lawmakers (the legislative branch), law enforcers (the executive branch), and law interpreters (the judicial branch). Of course, even theoretically, the edifice began to teeter right from the beginning because the Founders, in attempting to make “ambition … counteract ambition,” added checks and balances to the mix, giving the lawmakers power over the enforcers and interpreters, the law enforcers power over the makers and interpreters, and the law interpreters power over the makers and enforcers. Moreover, they threw federalism into the mix, resulting in the whole system replicating itself over (today) fifty additional systems. Thus, even in its most pristine, original form, the structure of American law is very complicated. Court Organization and Structure Herriman UtahIn many ways, although courts tend to be the most mysterious of our governmental institutions, they tend to be the most familiar part of the legal system. When we think about the law, we usually have courts in mind. This tends to be the case even though most of us do not have much experience with courts. You may serve on a jury or go to traffic court or go through a divorce, but very few laypeople, except, of course, for jurors and a few litigants, have ever experienced a real live trial. Moreover, when we move beyond the trial courts up to the level of appeals courts, generally only lawyers and judges are directly involved. On the other hand, almost everybody has watched a TV or movie trial. Litigation has been a staple of American entertainment since the time of the Founders. Whether it comes packaged as the real thing (in the forms of gavel-to-gavel O. J. Simpson coverage, or the endless leaks and rumors that made up the news of President Clinton’s legal/political woes, or the full platter of murders and romantic misadventures that constitute the daily fare offered by Court TV), as the semi-real thing (in the ever stern but fair judgments of Judges Joe Brown and Judy), or as pure fiction (in such forms as Scott Turow novels, John Grisham movies, or any one of the many lawyer-centered dramas that have been a mainstay of television since the 1950s), the media is where most of us get our impressions of the system and structure of our courts. Now there is certainly nothing wrong with court based entertainment—indeed, it can be absolutely riveting, sometimes a lot of fun, and occasionally even educational. It is riveting and fun because court-based entertainment tends to focus on the unusually dramatic, the unusually glamorous, and the unusually horrific. It is occasionally educational because it offers us a slice of law, usually in easily digestible form. At the same time, however, these entertainment-oriented attributes can be very misleading. As unusual as the entertainment bill of fare is, the real work of courts, more often than not, is the stuff of everyday life, and as simple as TV makes it all seem, the American court system is incredibly complex—a huge web of detailed yet overlapping jurisdictional boundaries. Indeed, let us begin with the term jurisdiction for it is key to the organization and work of the courts. Jurisdiction has to do with the legal limitations on the types of cases a court may hear and decide. Jurisdiction may be set by a constitution, or, in the case of supreme courts, largely by the court itself, but the most common source of court jurisdiction is the legislature. Thus, as much as we may like to think of the law as being above politics, in fact, even on this most basic point—the kinds of cases courts can hear and decide—legislative politics is the starting point. First, courts are authorized to hear and decide conflicts that arise within specific geographical jurisdictions. For instance, a Utah court has no jurisdiction to try a person accused of committing a crime in California. Further, a court’s political boundaries (i.e., its geographical jurisdiction) are typically drawn along the lines of other governmental bodies such as cities, counties, or states. Hence, the trial court for Herriman, Utah would generally not have jurisdiction over a crime or civil suit arising in Salt Lake City, Utah. Jurisdiction is also determined by subject matter. For example, state trial courts of limited jurisdiction are restricted to hearing a circumscribed category of cases, typically misdemeanor crimes and civil suits involving small amounts of money. In contrast, trial courts of general jurisdiction are empowered to hear all other types of cases (generally speaking, cases the legislature deems more serious such as criminal felonies and civil claims with no dollar limitations). In addition, certain types of cases are not allowed to be brought to court. For instance, courts have no jurisdiction to decide church disputes over doctrinal matters. Or, for another example, the U.S. Supreme Court will not hear cases involving so-called “political questions,” although, as we discuss below, what constitutes a political question changes from Court to Court and era to era. Finally a court’s jurisdiction is set by functional considerations. Functionally, a court may have either original jurisdiction or appellate jurisdiction, and some courts have both. Most courts in this country are courts of original jurisdiction, which means they have the authority to hear and decide a case in the first instance—in other words, if there is to be a trial, here is where it occurs. Appellate jurisdiction, on the other hand, means that a court has the authority to review cases that have already been decided by a court of original jurisdiction or a trial court. Now, let’s say that our ill-begotten friend is convicted of the abovementioned crime. A criminal defendant who loses at trial can appeal her case. She would appeal alleged legal errors. She might claim, for example, that the police seized the weapon from her home illegally and then, further, that the court compounded the error by allowing the weapon to be introduced at trial. Or she might claim that the judge gave biased instructions to the jury, or that the judge allowed the prosecutor to proceed in a prejudicial manner. These are all questions of law and these are the kinds of questions an appellate court would consider. To take some well-known real life examples, had Mr. Simpson been convicted, he would have appealed, for instance, the judge’s allowing his friend to relate the content of a dream in court. He would have contended that as a matter of legal procedure—of law—Judge Ito should not have allowed a witness to talk about what he claims the defendant related to him about a dream. Similarly, Timothy McVeigh appealed his Oklahoma bombing conviction on grounds of “juror misconduct, unfair exclusion of evidence that ‘someone else may have committed the bombing,’ prejudicial pretrial publicity and inflammatory testimony by victims’ relatives” (“McVeigh Conviction, Sentence Upheld,” 1998). Appeals courts consider these kinds of questions, and only rarely do they go over the facts again. Because of this difference in function, trial and appeals courts operate very differently. In appellate courts, no witnesses are heard, no trials are conducted, and juries are never used. Indeed, the appeals process is often entirely conducted on the basis of paper records and briefs, although in some cases the lawyers representing both sides will present their arguments orally. In addition, instead of a single judge deciding, which is the norm in trial courts, groups of judges generally make appellate decisions. Our system of federalism, too, has jurisdictional implications. We are blessed (or cursed, depending on your perspective) with a dual court system in this country: one national system and fifty state systems—in other words, fifty-one court systems. To put it in overly simplistic terms, federal courts have exclusive jurisdiction over federal laws and state courts have exclusive jurisdiction over state laws, but this is indeed an oversimplification. The basis for federal court jurisdiction is the U.S. Constitution. Over the years, this vague jurisdictional outline has been fleshed out by Congress in numerous detailed statutes. While these rules are very complicated, it is possible to boil federal jurisdiction down into three broad categories: • Federal question jurisdiction is based on the subject matter of cases. Federal courts are entitled to hear all civil and criminal cases that are based on the U.S. Constitution, on treaties with other nations, and on federal statutes. State court systems—and the federal system, for that matter—are organized hierarchically. Thus, most state systems feature a series of minor trial courts, major trial courts, a smaller number of intermediate appeals courts, and a single supreme court. To all four of these court prototypes there are exceptions and a great deal of variation, but this four-level pyramid is the general rule. A second obvious cut we can make in talking about kinds of law is that between criminal and civil. Simply stated, criminal law deals with activities that have been forbidden by government—this can mean anything from a parking violation to murder. In the American judicial process, the violation of a criminal law is a violation not simply against another individual or group, but against government itself. Government acts as a proxy for the individual victim. This is why in criminal litigation you always see cases referred to as State v. Smith (or, in some states, as People v. Simpson or Commonwealth v. Woodward), or U.S. v. McVeigh. Thus, legally, Timothy McVeigh committed a crime against all of us, not just against the unfortunate victims in the Murrah Federal Building. In order to convict someone of a criminal act, the government needs to convince a judge or jury that the defendant is guilty beyond a reasonable doubt. In the mid-twentieth century, a variety of factors converged to spark a second wave of marriage law reform. Demographic changes since 1900 were dramatic: life expectancy for women was forty-eight years in 1900 and seventy-eight in 1980; increased life expectancy meant that most parents had years as “empty nesters” after their children left home, whereas in 1900 parents lived most of their lives with their children; and at midcentury women began childbearing at an older age and bore fewer children than had women in 1900. In the decades following World War II, economic changes led women, including married women and women with children, into the paid labor force in unprecedented numbers. This drew women out of the home for part of the day and gave them greater economic independence. The introduction of the birth control pill in the 1960s gave women more control over whether and when they would become pregnant. Greater ability to plan the timing of their children encouraged women to work outside the home and to think of “careers” rather than temporary jobs. All these changes predated the resurgence of feminism. Only beginning in the late 1960s and the 1970s did the ideology of equal rights developed by the black civil rights movement of the 1950s and 1960s help revitalize feminism, spurring the women’s movement to insist on equality between men and women as spouses as well as individuals. Also drawing on the legacy of civil rights and liberation struggles of the 1960s, in the 1970s gays and lesbians insisted on an end to legal discrimination against homosexuals and an end to the ban on same-sex marriage. Child Custody Herriman UtahThe federal and uniform acts do not eliminate all interstate custody problems. One vexing issue that has not yet been resolved is whether the state entering the custody order must have personal jurisdiction over both spouses. Child Support in Herriman UtahChild and spousal support matters, like child custody, historically have been decided under state law. The Full Faith and Credit Clause, however, does play a role in the enforcement of interstate support orders. The law of support follows closely the pattern established with custody orders—a uniform act adopted by the states, which has been given stronger teeth by a federal statute adopted pursuant to congressional authority under the Full Faith and Credit Clause. The success of the PKPA in the area of interstate custody encouraged Congress to seek statutory solutions for interstate child support orders. As a result, Congress in recent years has passed several major pieces of legislation dealing with interstate enforcement of child support orders. Although the law and practice have come a long way in the past two decades, a major obstacle stands in the way of further progress. That obstacle is the Supreme Court’s opinion in Kulko v. Superior Court (1978). In that case, a New York family had entered into a custody agreement, which gave custody of the two children to their father. Later, with his permission, the children moved to California to live with their mother, and she later obtained a California support order. When she sought to enforce the order, the husband resisted, on the ground that the California court lacked personal jurisdiction over him. The Supreme Court agreed. Justice Marshall’s majority opinion applied the well-known “minimum contacts” test concerning personal jurisdiction to the question and found that the test had not been satisfied. In so holding, Justice Marshall made two troubling observations: He first noted that the litigation arose “not from the defendant’s commercial transactions in interstate commerce, but rather from his personal, domestic relations.” It is difficult to understand the relevance of this attempted distinction. After all, if the children are not properly supported in California they will suffer demonstrable—and foreseeable—harm in that state. When viewed in that light, it is easy to see how the facts of Kulko could have been found to satisfy the minimum contacts test. Moreover, the fact that the case involved a “domestic relations” problem rather than a “commercial transaction” argues in favor of finding personal jurisdiction. If the type of problem matters, as the majority suggests, than it is hard to understand why commercial matters are more important than domestic ones. Finally, the Court referred to the fact that the then-existing Uniform Act dealing with interstate child support (“URESA”) provided an alternative method for obtaining child support from an out-of-state obligor. That reference makes no sense. URESA was such a cumbersome and ineffective method of obtaining relief that it eventually was discarded in favor of UIFSA, discussed above. It can only be assumed that the Court was thinking that it did not have to address more general issues of long-arm jurisdiction when the petitioner would suffer no harm as the result of the decision. If that was indeed the Court’s thinking it was dead wrong; URESA was a poor substitute for obtaining relief directly through longarm jurisdiction. The Kulko decision has met with heavy resistance in the states. The drafters of UIFSA expressly included a provision for asserting jurisdiction over an outof-state obligor that is flatly inconsistent with Kulko. Section 5 of UIFSA provides that a court may exercise jurisdiction in a support matter if “the child resides in this State as a result of the Acts or directives of the defendant.” Obviously, it is widely believed that Kulko is both bad policy and likely to be overruled when the Court gets the question again. Both suppositions are correct. Kulko certainly is bad policy; it is hard to understand why failure to support a child does not permit the child’s state of residence to exercise jurisdiction over the obligor in order to protect the child (as well as the treasury of the state, which will be forced to support the child if the parents do not). Surely that exercise of jurisdiction satisfies the minimum fairness test, which is the basis of all modern exercises of long-arm jurisdiction. Herriman Utah Divorce Lawyer Free ConsultationWhen you need help with a divorce in Herriman Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. 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
4.9 stars – based on 67 reviews
How Many Years Do You Have To Be Married To Get Alimony? Probate Lawyer American Fork Utah Can A Lawyer Stop A Foreclosure? via Michael Anderson https://www.ascentlawfirm.com/divorce-lawyer-herriman-utah/ Wills give you the best power over dispersion of your property after death. Under Utah law, if no substantial will is available, your home will go as indicated by a lot of rigid standards, setting need on those firmly identified with you. In the event that no enduring relatives can be found, your property turns into the property of the state. Will Nuts and boltsGrown-up inhabitants of Utah may cause a will to discarding their bequest after death. The opportunity to control where your property goes is dependent upon specific restrictions on the off chance that you are hitched or have kids. Your life partner is qualified for 33% of the home just as a $15,000 residence remittance and $10,000 in furniture, decorations and belongings. On the off chance that you have no enduring companion, yet have enduring kids, they will be qualified for these advantages. The rest of your property will go as per your will, or as indicated by the state’s laws of intestate progression if no legitimate will is available. Surviving SpouseOn the off chance that you kick the bucket without a substantial will in Utah, the law coordinates that your bequest be dispersed to your relatives regardless of the nature of your connections. In the event that you leave an enduring life partner, however no kids, or the youngsters are likewise the offspring of your mate, your life partner will be granted the whole domain. In the event that you leave an enduring companion and kids not of the enduring life partner, the life partner is qualified for $75,000 in addition to one-portion of the home. Surviving ChildrenIf you leave no surviving spouse, your surviving children will share equally in all of the estate in Utah. Likewise, if the children are not of the surviving spouse, they will share equally in one-half of the estate, minus the additional $75,000 award to the spouse. However, if some of your children are deceased but have living children, these grandchildren share equally in their parents’ share. For example, assume you have five children, each with three children of his own. If only four of your children survive you, each of the surviving children is entitled to one-fifth of the estate. The remaining one-fifth is then split equally among the children of your deceased child. Alternative TakersIn Utah, if you leave no spouse and no descendants, your estate will pass to your parents. If you left no parents, your property will pass to any of your surviving siblings. If you have no surviving siblings, one-half of the estate will pass to your maternal grandparents or their descendants, and the other half will pass to your paternal grandparents or their descendants. If no living relatives can be found, the property escheats to the state to be placed in unclaimed funds. Blood Relatives & PropertyIf you make a will, you can leave property to your blood relatives — your children, grandchildren, parents, siblings and other biological relatives — or you can exclude them from your will. If you die without leaving a will, a state probate court will divide your property between your spouse, if you are married, and some of your blood relatives. If you leave a will that is unclear, doesn’t follow your state’s requirements for a valid will, or contains odd provisions that suggest you are not mentally competent, your blood relatives can challenge the will. State Inheritance LawsEach state has its own complex laws regarding what constitutes a valid will and which of your blood relatives will inherit your property if you die without one. If you make a valid will, you can choose to disinherit any of your blood relations, including your children. Only Louisiana does not allow parents to disinherit a child. Although your spouse is not considered a blood relative, most states provide legal protections to spouses whereby you cannot disinherit your spouse so long as you are legally married. No WillTypically, if you die without leaving a will, known as dying intestate, the probate court will give your property to your surviving spouse, children or grandchildren, a process known as intestate succession. If you die without a spouse, children or grandchildren, your property may go to your parents or siblings. You may wish to consult your state’s laws to determine the exact blood relative intestate succession rights in your state. Intestate DisadvantagesDying without a will means blood relatives whom you dislike may inherit a substantial amount of your property, while your live-in companion, other blood relatives you are fond of and friends may receive nothing. In addition, if you die without a will, a probate court must appoint an administrator to review your estate and locate your heirs, a process that can create delays and expenses that drain your estate’s cash. Blood Relatives ChallengeIn one well-known example of blood relatives challenging a will, two grandchildren of Leona Helmsley, a deceased wealthy businesswoman, successfully attacked her will, which disinherited them while leaving millions of dollars to her dog. A judge decided that Helmsley was mentally unfit while drafting the will. Therefore, the court ordered that each disinherited grandchild receive $6 million and the dog’s share of Helmsley’s estate reduced to $2 million. Utah Marital Property LawsDuring marriage, couples acquire the rights to some of the property and assets, as well as debts, acquired by one or both of them. Marital property doesn’t include things that are considered “separate property”owned by either spouse, for example, property owned before marriage, inheritance, gifts, property specifically excluded by valid prenuptial agreements, and property gained after legally separating. In addition, keep in mind that you are also on the hook still for your separate debts from before marriage. Who owns what property in a marriage, after divorce, or after a spouse’s death depends on whether the couple lives in a common law property state or a community property state. During marriage, these classifications may seem trivial — and typically aren’t a factor — but in the unfortunate events of divorce or death, these details become very important. Marital Property and Common Law Property StatesMost states are custom-based law property states. All in all, I don’t get it’s meaning to live in a customary law property state and who claims what after a separation? The expression “precedent-based law” is just a term used to decide the responsibility for (property gained during marriage). The precedent-based law framework gives that property procured by one individual from a wedded couple is possessed totally and exclusively by that individual. Obviously, if the title or deed to a bit of property is placed in the names of the two life partners, notwithstanding, at that point that property would have a place with the two mates. In the event that the two life partners’ names are on the title, each possesses a one-half intrigue. Property circulation upon death or detachment: When one life partner passes away, their different property is conveyed by their will, or as indicated by probate (without a will). The conveyance of the conjugal property relies upon how the companions share possession. On the off chance that they claim property in “joint occupancy with the privilege of survivorship” or “tenure by the aggregate,” the property goes to the enduring life partner. This privilege is free of what the expired mate’s will says. Be that as it may, in the event that the property was claimed as “occupancy in like manner,” at that point the property can go to somebody other than the enduring life partner, per the perished mate’s will. Not all property has a title or deed. For this situation, by and large, whoever paid for the property or got it as a blessing claims it. In the event that the couple separates or gets a lawful division, the court will choose how the conjugal property will be partitioned. Obviously, the couple can go into an understanding before the marriage, disclosing how to convey the conjugal property upon separation. Separate property incorporatesProperty claimed by only one companion before the marriage Property dissemination upon death or partition: When one life partner passes away, their half of the network property goes to the enduring mate. Their different property can be contrived to whomever they wish as indicated by their will, or by means of probate without a will. Numerous people group property states offer an intrigue called “network property with the privilege of survivorship.” Under this precept, if several holds title or deed to a bit of property, generally a home, at that point upon a life partner’s demise, title passes consequently to the enduring mate, maintaining a strategic distance from court procedures. On the off chance that the couple separates or acquires a legitimate division, the majority of the network property is split equally (50/50). The different property of every mate is conveyed to the life partner who possesses it and isn’t split by the down the middle standard. Utah Martial Property LawsDuring marriage, couples procure the rights to a portion of the property and resources, just as obligations, gained by either of them. Conjugal property does exclude things that are considered “separate property”owned by either life partner, for instance, property claimed before marriage, legacy, endowments, property explicitly rejected by legitimate prenuptial understandings, and property increased after lawfully isolating. What’s more, remember that you are likewise on the snare still for your different obligations from before marriage. Equitable Distribution vs. Community PropertyThere are two ways states divide marital property: equitable distribution and community property. Utah is an equitable distribution or common law state, which is the majority marital property legal system. However, large numbers of people, especially in the Western U.S., live in community property states. This means marital property in Utah isn’t automatically assumed to be owned by both spouses and therefore should be divided equally in a divorce. In Utah, marital property is divided “equitably” or fairly, which may not be an even 50-50. Usually for longer marriages, it is about 50% to each party. For short-term marriages, the court generally puts people back to their position before the marriage, such as giving people what they had before the marriage and typically what they made during the marriage. Parties can agree on how they want to divide the property outside of court, but a judge will review it to ensure it’s fair. Disposition of Property and Division of DebtsCommunity Property Utah is an equitable distribution state that doesn’t have community property laws. However, Utah has enacted the Uniform Disposition of Community Property Rights at Death Act (UDCPRDA). The UCDPRDA allows a person who lived in a state with community property for its marital property laws (such as Nevada and Idaho) and then moved to a state without community property (namely, Utah) to not lose any pre-existing property rights. Divorce and PropertySeparation not just ends the legitimate association between two companions, yet can likewise necessitate that the property recently shared by the couple be partitioned. While property possessed by either life partner preceding the marriage can remain the property of the first proprietor, most things obtained after the wedding (network or conjugal property) and before detachment are frequently dependent upon division upon separation. This area incorporates assets to help those experiencing a separation decide how property ought to be partitioned, what happens to shared obligations, how to discover shrouded resources, what befalls the family home, the impact on protection strategies, and that’s only the tip of the iceberg. A conjugal property division agenda and an example property settlement understanding structure additionally are incorporated. Probate Lawyer Free ConsultationWhen you need help with separate property after the death of a spouse, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What Is The Advantage Of A Legal Separation? How To Administer An Estate In Utah via Michael Anderson https://www.ascentlawfirm.com/what-happens-to-separate-property-at-death-of-a-spouse/ If you’ve had a loan modification and want to sell your house, you can. But you need to understand what kind of loan modification you agreed to and how it can affect you when you want to sell your home. If you’ve had a loan modification on your mortgage, you’re not alone. Loan modifications have helped many people avoid foreclosure, especially after the mortgage crisis of 2008 when foreclosures hit record-breaking numbers. It’s possible to sell your house after having a loan modification, but there are some things you’ll want to look out for when you’re trying to sell. If you’re thinking about selling after a loan modification, it’s important you have an expert realtor familiar with lending procedures and loan modifications to get the most for your home and have a smooth closing with no unwelcome surprises. A loan modification is a permanent change to the original terms of your mortgage to lower payments and give you a chance to catch up if you’re experiencing financial hardship. Lenders will do this to avoid a foreclosure. Most lenders are more willing to change the loan terms than risk having to foreclose on your house, because foreclosures are more expensive for the lender. A loan modification is not the same as refinancing. Refinancing replaces your loan with a new loan. A loan modification changes the terms of your existing loan. A lender might lower the principal amount, lower the interest rate, change the interest rate from a variable interest rate to a fixed-interest loan, or extend the length of the loan to lower the monthly payments. How a loan modification worksLenders may offer loan modifications to borrowers behind on their payments or close to defaulting on their loan if the borrower can prove they are experiencing financial hardship. In most cases, to get a loan modification you must prove financial hardship such as job loss, illness, or death of a spouse. You might also be able to get a loan modification if the interest of a variable interest loan has made it impossible for you to make the payments. To apply for a loan modification, you’ll be asked to submit documentation to prove your situation. It’s up to the lender which type of modification they agree to make on your mortgage if they determine you’re eligible for the loan modification. Permanent loan modifications last for the life of the loan. In a loan extension, the loan may be changed from a 30-year loan to a 40-year loan. This will lower the payments but you’ll pay more in interest in the long run. In an interest rate deduction loan modification, several things can happen. The lender might change from a variable interest rate to a fixed interest rate. Or the lender might lower the interest rate. This doesn’t always mean that you’re getting better terms. The lender can elect to apply the reduced interest amount to the principal of the loan on the back end you must pay later. In a principal deferral loan modification, the lender reduces the amount of the principal that is paid off with each loan payment. But when the loan matures or the property is sold, that amount of principal that the lender deferred is due. It’s important to understand what type of loan modification the lender offers you. A principal deferral, for example, could result in an additional payment or second lien when you want to sell your house that you may be unaware of. Make sure you have an expert seller agent who understands loan modifications if you’re trying to sell our house. Common Reasons for Selling After a Loan ModificationRegardless of the reasons for selling after a loan modification, a loan modification doesn’t mean you have to stay in your house forever if you don’t want to. Some people find they are still struggling after a loan modification and want to get out from underneath their mortgage before they get behind again to avoid a foreclosure or a short sale. Others might want to take advantage of the equity they have and get a smaller house. Then again, reasons for selling after a loan modification could have nothing to do with finances. Just because folks have had rough patches in the past doesn’t mean they’re still experiencing financial hardship. Some people sell their homes because their children have grown up and they no longer need so many houses. Or their job may require that they relocate. There could have been a divorce. Or they just might want to move and try something new. You can sell your house as soon as the permanent loan modification is in effect. Your lender can’t prevent you from selling your house after a permanent loan modification. However, there may be a prepayment penalty attached to the loan modification. A prepayment penalty is a provision in your contract with the lender that states that if you pay off the loan early, you’ll pay a penalty. A prepayment penalty can be expressed as a percentage of the principal balance or a specified number of months interest. This can result in an additional fee of thousands. For example, if you have a 3% prepayment penalty and a principal balance of $200,000, the prepayment penalty would be $6,000. Prepayment penalties usually decrease or disappear after a few years, but you’ll need to check your loan documents to make certain. Prepayment penalties were limited for some mortgages but the law is not retroactive and doesn’t apply to all mortgages. The first thing you need to do if you want to sell your home after a loan modification is to request the payoff amount from your lender in writing. The payoff amount should reflect the total amount to pay off your loan. But it’s possible that it’s incorrect if you’ve had a loan modification. This is why once you have your payoff amount, it’s critical you work with an experienced realtor familiar with loan modifications. Some loan modifications imposed a second lien on the property that the borrower was completely unaware of. A loan modification can hurt your credit score, but how much it affects your credit depends upon how your lender modified your loan, and what the lender reported to the credit agencies. If the lender lowered the principal balance by initiating a second loan, that amount may appear on your credit as “charged off” which can damage your credit. However, most loan modifications only appear on your credit report in the form of the late payments that you missed before getting the loan modification. Either way, both options are preferable to a foreclosure which stays on your credit for seven years. Loan modifications usually become permanent once you successfully complete a trial period of paying as agreed. Most loan modifications have a trial period of three months during which you must prove the ability to meet the new payment requirement. As long as you make the payments and you meet the eligibility requirements, the loan modification will become permanent. You can try to negotiate a loan modification offer but make sure you’ve done your homework. You’ll want a documented long-term plan that describes how you’ll be able to meet the terms you’re proposing. If you want to negotiate because you find the banks offer unfair, such as trying to add another 30 years onto your loan, create another loan for a principal reduction, or add an outrageous prepayment penalty, engage the services of an attorney or a non-profit counselor who specializes in loan modifications. In most cases, you can get a mortgage to buy another house after a loan modification as long as you haven’t missed any payments over the previous 12 months, depending on the specifications of your lender. But you need to know how your original loan was modified. If you had any principal balance forgiveness or “write-down” on your mortgage, you may not qualify for a conventional mortgage loan. But there are other ways to get a mortgage with a low credit score. If you want to rent your home after a loan modification, you need to check the fine print of the contract you have with your lender. Some lenders could add a clause that requires you to live in the home. When the lender modified the loan, they may have stipulated owner-occupancy requirements. These requirements require the person who signs for the loan to live on the property for a set amount of time after the loan modification. One of the common ways to get help when in default is to apply for a loan modification, which will shorten your rate, lengthen your loan term (so your payments are smaller), defer part of your payment or make your loan easier to pay in some other way. Much of the time, big expenditures aren’t what pushes you over your budget. It’s the little things that add up day after day, week after week, until you’ve spent hundreds of dollars a month on coffee, eating out, alcohol, etc. Figure out how much you can actually afford to spend on these things and then stick to that amount. If you end up with extra money at the end of a month, don’t blow it on something fun. Instead, throw it into that emergency savings account. Also, shop around to see what services you can get for more inexpensively – like car and homeowners insurance, for example. Your home is your greatest asset, so you should budget around your mortgage payment. The easiest way to do this is by setting up auto pay with your mortgage company. Set it for right after your receive your first check of the month so you’ll always have the funds available, and you won’t have to worry about remembering to make the payment on time. We’ve found that many people aren’t sure what to focus on when there are numerous collectors calling daily, and it’s often tempting pay the mortgage last since it’s usually the largest monthly payment. Some homeowners have used their mortgage payment funds to try to get caught up on their other debts and figured they would then have money to get caught up on the mortgage later. Unfortunately, this often doesn’t end up working out, leaving them in a situation that’s worse than the one they were in to begin with. Another reason to pay your mortgage first is that home loan companies have the least amount of wiggle room due to stringent government regulations. There are many other resources available, like the U.S. Department of Housing and Urban Development’s Hardest Hit Fund. In terms of the worst case scenario, defaulting on – and possibly losing your home is always worse than defaulting on credit card or car debt. Again, you can find budgeting tools and tips all over the internet. This is first so that the next unexpected expense you have doesn’t push you further into debt. The second step is pay off your debt, starting with the lowest balance first. Many people will try to focus on the debt with the highest interest rate, but you should start with the smallest debt so that once you pay it off, you can put the money you were spending on that bill toward your next lowest balance. Setting up biweekly payments for your mortgage can help you even more in the long run because you have to be a little ahead with your payments in order to set up biweekly payments. The other benefit of biweekly payments is that over the course of a year, you make 26 half-payments, which is the equivalent of 13 whole payments annually instead of the 12 required payments, so you end up paying off your mortgage faster. Loan Modification Attorney Free ConsultationWhen you need legal help with a loan modification in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can A DUI Case Be Dismissed At Arraignment? Bankruptcy Lawyer American Fork Utah Declaratory Actions And Insurance via Michael Anderson https://www.ascentlawfirm.com/do-you-have-to-pay-back-a-loan-modification/ Family law comprises of an assemblage of resolutions and case points of reference that oversee the legitimate duties between people who offer a residential association. These cases as a rule include parties who are connected by blood or marriage, yet family law can influence those in increasingly inaccessible or easygoing connections also. Due to the inwardly charged nature of most family law cases, disputants are unequivocally encouraged to hold legitimate advice. Most by far of family law procedures come to fruition because of the end of a marriage or sentimental relationship. Family law lawyers help their customers record for detachment or separation, provision, and kid guardianship, appearance, and backing. Life partners wedded a brief timeframe may look for an abrogation, and extraordinary rights may exist between same-sex couples. The division of property toward the finish of a marriage is likewise a typical issue in family law cases. Regarding property division at the season of separation, each state has a far reaching set of laws set up to decide the privileges of the gatherings. Nonetheless, couples who don’t concur with the default governs in their state can “quit” by enlisting a lawyer to draft a prenuptial understanding. Missing extortion or pressure, courts will uphold these pre-marriage understandings upon separation, and convey property and monetary help as needs be. Family law likewise includes the aversion of physical and psychological mistreatment. The potential for local maltreatment isn’t restricted to connections between present or previous life partners and their youngsters. Judges won’t waver to state purview to secure an elderly family part, somebody in a dating relationship, or even a flat mate. At the point when charges of maltreatment are made, the court will commonly issue a limiting request to forestall further contact. In a challenged family law case, a great many people comprehend that contracting a gifted lawyer will give a bit of leeway. A lawyer can discover resources or pay the other party is attempting to conceal, present contentions in regards to tyke backing and appearance, and even take the case to preliminary if settlement talks fall flat. Lawyer portrayal is similarly as vital in uncontested cases, in any case. Without it, a gathering is helpless and can unwittingly defer significant legitimate rights. The issue of tyke care is the most widely recognized contest in family court. As ought not out of the ordinary, guardians are very worried about the security, training, and by and large prosperity of their kids. Care choices become significantly increasingly troublesome after a separation or separation, as guardians will in general be suspicious of one another at these occasions. Despite the situation between the guardians, judges will dependably choose care dependent on “the best advantages of the kid.” With an end goal to do what is best for the youngster, the court can allot legitimate and physical guardianship to one parent, or these rights can be shared. A run of the mill calendar would enable the kid to put in ends of the week, summers, and rotating occasions with the non-custodial parent, with the two guardians having an equivalent state in significant choices influencing the youngster. When affirming a guardianship plan, the court will do what it can to evade superfluous disturbances to the kid’s life. All guardians have a legitimate obligation to give budgetary help to their kids. The measure of help requested in a specific case will be determined by state resolution. Most states distribute a kid bolster worksheet that improves the errand. The figuring will consider the particular salaries of the guardians, the expense of medical coverage for the tyke, bolster paid for other youngsters by the non-custodial parent, and that’s just the beginning. Family law cases can include various different issues. Setting up (or invalidating) paternity is a typical subject of suit, despite the fact that it is ending up less muddled with the capacity of courts to arrange DNA testing. Different issues incorporate the end of parental rights, selection, gay and LGBT relations, and grandparent rights. As gen X-ers age and their folks live a ways into their 90s or even more than 100, the field of elder law has kept on extending to meet the legitimate needs of this developing populace, yet what precisely is elder law, and for what reason do you have to think about it? In its broadest sense, elder law is the specific field of law that tends to the various lawful needs of maturing children of post war America and their elderly guardians. This incorporates the accompanying legitimate zones: The following is an outline of every one of these zones of elder law, which, as should be obvious, are very differing. This is the reason it will be significant for you or your family to search out the correct kind of elder law lawyer when you or they need help with an elder law issue. A lot of our lives unfurl inside the family unit, regularly away from plain view. And keeping in mind that our family lives are viewed as close to home in numerous viewpoints, there is an entire assemblage of law tending to specific laws and techniques influencing families, for example, marriage, separate, and even certain criminal resolutions. At the point when two or three gets hitched, it’s commonly a glad time in their lives and they don’t consider separate. In spite of this expectation, once in a while separation is important for the wellbeing and rational soundness of the two gatherings. The familiar saying of about half of relational unions finishing off with separation has been observed to be off base, yet a decent number of relational unions still don’t keep going forever. On the off chance that you have youngsters, tyke authority and kid backing are significant pieces of the case that will keep you and your previous companion in family court until the kids are grown-up that aren’t qualified for tyke support, which in Utah can be requested until they’re 21 years of age. Regardless of what your individual conditions are, a couple looking for a separation must consent to the accompanying separation laws before they can separate in Utah. Utah still keeps up deficiency based reason for separation, these can influence the sum that is dispersed to every companion under the state conjugal property laws. These shortcoming based grounds are: Criminal resolutions are set up to guard individuals. Utah’s kid misuse laws are intended to shield kids from mischief by forbidding the physical, enthusiastic, and sexual maltreatment of youngsters. These youngster misuse rules help with arraigning tyke abusers and command certain outsiders and experts with access to kids to report learning or doubt of kid maltreatment to the specialists. Utah’s Department of Child and Family Services additionally gives assets statewide to secure the welfare of youngsters. Making mischief or compromised hurt a tyke’s wellbeing or welfare through disregard or misuse including nonaccidental physical or mental damage, inbreeding, sexual maltreatment/misuse, attack, or rehashed careless treatment establishes maltreatment of the youngster. During marriage, couples procure the rights to a portion of the property and resources, just as obligations, obtained by either of them. Conjugal property does exclude things that are considered “separate property” owned by either companion, for instance, property claimed before marriage, legacy, blessings, property explicitly rejected by legitimate prenuptial understandings, and property increased after lawfully isolating. What’s more, remember that you are likewise on the snare still for your different obligations from before marriage. Elder law lawyers are prepared to compose interesting wills, trusts and powers of lawyer which consider the high dangers of inability and help maintain a strategic distance from the costly exclusions and “spend downs” of Medicaid. In 2013, Utah passed new laws which enable an individual to make an Utah Domestic Asset Protection Trust (DAPT). Numerous specialists accept this new trust is among the most dominant in the country in shielding resources from future leasers. Notwithstanding the new Utah Domestic Asset Protection Trust, elder law lawyers have an assortment of trusts and different courses of action for fitting the bill for Utah Medicaid, Veteran’s advantages and other government programs. “Exceptional Needs Trusts,” for instance, are extremely powerful in shielding blessings to a crippled individual. Getting ready for dementia and other dynamic maladies is an extraordinary intrigue and exceptional ability of elder law lawyers. Guardianships (finishing an individual’s capacity to settle on life choices) and conservatorships (finishing an individual’s capacity to settle on monetary choices) can crush the respect of an individual who just now and again needs assistance. Elder law lawyers realize how to get ready for a slow decrease in physical and mental capacities. Forces of Attorney and Utah Advance Health Care Directives (a living will joined with a restorative intensity of lawyer) are significant in thinking about an Utah Senior. Elder law lawyers have extraordinary preparing and involvement in Utah probate, the court procedure for wrapping up the issues of an individual who has kicked the bucket. In Utah, uncommon techniques and principles apply to probate. An Utah Elder Law lawyer can enable families to deal with the undertakings of an expired individual as fast as would be prudent. “Probate prosecution” alludes to court debates and lawsuits contesting Utah probates, including questions about wills, legacies of individuals who left no wills, arrangements of Personal Representatives (agents), accountings and numerous different issues which emerge after an individual dies. Some elder law lawyers, similar to those in our law firm, will document and protect lawsuits concerning trusts, evacuation of a trustee, ill-advised accounting and abuse of trust reserves. Family Law and Elder Law Free ConsultationWhen you need legal help with Family Law and Elder Law in Utah, please call Ascent Law LLC 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
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/family-law-and-elder-law/ Some of the time, regardless of how hard you attempt, relationships come up short. We’ve all known about separation, which is the procedure couples use to end their marriage legitimately. Separation starts when one life partner records a movement (demand) with the court. Commonly, couples can arrange the terms for their separation, including youngster guardianship and appearance, kid support, property division, and spousal help. In the event that you’ve consented to a large portion of the conditions, yet have debates about others, you can approach the court to choose for you. When the judge settles your separation, both you and your companion are allowed to remarry, gain property, and migrate as single individuals. The procedure for legitimate division in numerous states is almost indistinguishable from separation, however there’s one basic distinction: lawful detachment doesn’t end your marriage. Despite the fact that you (or the judge) choose a similar separation related issues, and once the judge concedes your solicitation you’re both allowed to live free lives, if either mate needs to remarry later on, that companion must approach the court for a proper separation, first. Both lawful methods are comparable in expense and time responsibility; be that as it may, on the off chance that you seek after legitimate partition before a separation, you’ll likely be paying twice. Reasons for DivorceLike a majority of states, Utah allows both no-fault and fault-based divorce. Because no-fault cases are generally faster and less expensive, most couples prefer to file their divorce without assigning any type of blame to either side. Utah provides two kinds of no-fault grounds: “irreconcilable differences” and living apart for at least three years under a separate maintenance order issued by any state. Although there’s no right or wrong reason to pursue legal separation instead of divorce, some of the most common include using separation: If you don’t have minor children, you can use the waiting period to negotiate the terms of your separation. You should determine the best parenting plan for your family, how you will handle property and debt division, and resolve any issues about child or spousal support. Utah law requires the judge to wait for a minimum of 30 days (90 days if you filed before May 8, 2018) before acting on your case. The court may waive the waiting period if a judge finds that there are extraordinary circumstances, but this is rare. If you have minor children, you must attend divorce orientation and divorce education classes before the judge can grant your request. Most couples can fulfill this requirement during the waiting period. (U.C.A. 1953 § 30-3-18.) Do We Need a Written Agreement?Yes. Whether you decide to proceed with a case for separate maintenance or divorce, the court requires your terms to be in writing. You’ll want to address custody and visitation, child support, property division, healthcare, and spousal support. A separation agreement is legally-binding on both spouses, and the court uses this type of contract to protect both parties from frivolous lawsuits in the future. Does Separation Affect Custody?Yes. Regardless including minor youngsters, the court must consider the kids’ wellbeing before making a child rearing arrangement. In Utah, there is a rebuttable assumption (which means you can defeat it with proof) that joint lawful care is best for the youngsters. Judges will assess each parent’s capacity to accommodate the youngsters utilizing a progression of wellbeing factors, before settling on a ultimate choice. Legal Separation Lawyer Free ConsultationWhen you need legal help with a legal separation in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. 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
4.9 stars – based on 67 reviews
Criminal Defense Lawyer Layton Utah via Michael Anderson https://www.ascentlawfirm.com/what-is-the-advantage-of-a-legal-separation/ Probate refers to the process whereby certain of decedent’s debts may be settled and legal title to the decedent’s property held in the decedent’s name alone and not otherwise distributed by law is transferred to heirs and beneficiaries. If a decedent had a will, and the decedent had property subject to probate, the probate process begins when the executor, who is nominated by the decedent in the last will, presents the will for probate in a courthouse in the county where the decedent lived, or owned property. If there is no will, someone must ask the court to appoint him or her as administrator of the decedent’s estate. Often, this is the spouse or an adult child of the decedent. Once appointed by the court, the executor or administrator becomes the legal representative of the estate. How Probate BeginsYou start by asking the probate court to name you executor or personal representative, whichever term is used in your state. If there’s no will, in some states you’ll ask to be the “administrator.” To make this request, you will probably need to file an application, death certificate, and the original will (if you haven’t deposited it with the court already) with the local probate court in the county where the deceased person was living at the time of death. The document in which you make your request will probably be called a petition or application. It must contain certain information, such as the date of death, names of surviving family members and of beneficiaries named in the will, and so on. Many courts provide fill-in-the-blanks forms; if yours doesn’t, you’ll have to type something up from scratch. (Every probate court has its own rules about the documents it requires.) If the deceased person owned real estate in more than one county in the same state, you can handle it all in one probate. There’s no need to conduct a separate probate proceeding in the other county. Find the willIf the decedent has a will, you will need to locate it right away because it says who will inherit the decedent’s property. The will also names an executor. Gather any codicils (amendments to the will) as well. • Be aware that in some states, the “custodian of the will,” or the person who has the will at the time of the testators death, must take the will to the probate court or the executor named in the will within 30 days of the testator’s death. In states that have this requirement, the custodian can be sued for damages for failing to do this. • If there is no custodian, search for the will in places such as filing cabinets and desk drawers. If you are unable to find the will after looking in obvious places, look for the will in safe deposit boxes, with the decedent’s lawyer, or at the local probate court. • If you cannot locate a will, either because the decedent did not have one or because it is lost, precede under state intestacy laws. Intestacy laws provide a way to distribute a decedent’s property without a will, according to a state statutory scheme. Order copies of the death certificate. As you go through the probate process, you will need a number of certified copies of the death certificate to serve as official evidence of the death. Ask for at least ten copies. • The mortuary that handles the decedent’s funeral may provide some certified copies of the death certificate. You can also order death certificates from your state’s department of vital records. • To order death certificates from the department of vital records, you will need to provide a valid government issued photo ID and two of the following documents that includes you name and address: telephone bill, utility bill, or letter from a government agency dated within the last 6 months. • Be aware that in some states, the only people who can order copies of the death certificate are family members or the executor of the will. • paperwork related to the decedent’s insurance policies After you have gathered all of the required documents, take some time to organize them. You may want to invest in an accordion style file folder to keep the documents separated and easy to find. Label the tabs to indicate what documents are in each section. If you are missing any of the documents that you will need, you will have to do some searching. Contact the decedent’s accountant, the manger of the decedent’s bank, and any other professionals who may be able to provide you with the documents that you need. Determine if probate is required. Sometimes, it is possible to completely avoid probate or participate in a simplified probate process. Make sure to check your state’s laws for specifics. • If the estate is valued at less than $100,000, there’s a chance probate is not required. Some states have other requirements for simple probate, so make sure to check the laws in your state before proceeding. Determine if you should use formal probate. This is the best option for estates that are more complicated or have a value that is too high to qualify for summary administration. You will need to use a formal probate procedure if the decedent’s property exceeds the limits for simple probate in your state, or if there are disputes between beneficiaries, or challenges to the will. Petition the court to name an executor. The executor of a will is responsible for distributing assets, maintaining property, and paying bills and taxes during the execution of the will. The executor must also make court appearances as needed. If you are named in the will, or if the will does not name an executor, you may petition the court to name an executor. • an application • a death certificate • the original will When someone requests to be appointed as executor, the court will schedule a hearing to give interested parties (parties who could inherit something from the estate) a chance to object to the appointment. Before the hearing, all interested parties must be informed of the date and time. • Keep in mind that most of the time, the hearing is a formality and no one objects to the executor’s appointment. • If the executor is approved, the court will issue documents allowing the executor to act on behalf of the estate. These are usually called “Letters of Administration” or “Letters Testamentary” if there is no will. • After approving the executor, the court will issue an order opening the probate case. If you are named executor, then you will be responsible for sending out notices of probate to all of the decedent’s creditors and beneficiaries. In most states, a notice should also be published in the local newspaper to alert any other unknown creditors.. The court may require the executor to post bond, which is an insurance policy that protects the estate beneficiaries from any losses to their inheritance caused by the executor. • If the will states that no bond is required, the court will often waive the requirement. • If a bond is required, the amount will depend on the size of the estate. If there is a will, proving that the will is valid is a part of probate. Until the will has been proven to be valid, the executor cannot begin distributing the estate. To prove that the will is valid, you will need the statements of one or more witnesses who signed the will at its execution. In general, probate courts allow the following types of witness statements: • A sworn statement called a “self-proving affidavit” that was signed by the witness in front of a notary when they witnessed the will • A sworn statement signed by the witness at the time probate is opened • A personal statement made by the witness to the court • As an alternative, the court may accept other evidence of the will’s validity, such as the testimony of someone who is familiar with the testator’s signature. Review and Sign the Documents Required to Open the Probate EstateOnce the estate lawyer has enough information to draft the court documents required to open the probate estate, the Personal Representative/Executor and, if applicable, the beneficiaries named in the decedent’s Last Will and Testament or heirs at law will be required to review and sign the appropriate documents. While these legal documents will vary from state to state, or even from county to county within the same state, they will generally include the following: • Petition for Probate Administration One of the purposes of probate is to prevent fraud after someone’s death. Imagine everyone stealing the castle after the owner dies. It’s a way to freeze the estate until a judge determines that the Will is valid, that all the relevant people have been notified, that all the property in the estate has been identified and appraised, that the creditors have been paid and that all the taxes have been paid. Once all of that’s been done, the court issues an order distributing the property and the estate is closed. Probate Attorney in Utah Free ConsultationWhen you need help with a probate in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with estate planning. Probate cases. Probate Lawsuits. Wills. Trusts. Estate Mediation. And much more. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C itemprop=”addressLocality”>West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/steps-in-a-utah-probate/ |
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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