A DUI car accident comes with a number of negative consequences for the cited driver, and while car insurance isn’t the number one concern, rates and “insurability” will surely be impacted. If you are convicted of DUI a criminal offense known as “Driving Under the Influence” (also known as DWI or Driving While Intoxicated) you’ll undoubtedly be facing a number of legal problems. That’s true whether or not you also caused a DUI-related car accident in connection with the offense. So the impact on your car insurance may be the last thing on your mind. But, depending on what state you live in and which automobile insurance company issued your policy, you could face a number of insurance-related problems ranging from having your policy canceled to the insurance company denying coverage of any personal injury or property damage claims made against you as a result of your DUI. A liability car insurance policy typically provides coverage for any accident in which the policyholder (or someone else covered under the policy) drives in a negligent manner and perhaps even in a grossly negligent or reckless manner, depending on what the policy says and causes a car accident. But no car insurance policy covers car accidents caused by intentional conduct. Some automobile insurers like to argue that drinking and driving is intentional conduct, since that argument (if accepted) will allow the company to disclaim coverage for damages resulting from a DUI whether injuries and vehicle damage sustained by the driver and/or passengers in the vehicle you hit (under your liability coverage), or your own losses (under your personal injury protection or similar coverage). The insurer’s argument here is that the driver intentionally put him or herself in a position to cause the accident i.e., the driver intentionally drank alcohol, intentionally got drunk, intentionally drove after getting drunk, and knew (or at the very least should have known) that drinking and driving is extremely dangerous. If you cause an accident while you are intoxicated, your auto insurer will at least investigate the circumstances of your crash before it agrees to accept liability for any damages. If the insurer takes the position that you acted intentionally to cause the accident, it may refuse to defend you and may deny coverage for damages relating to your accident. This is especially true if you’re trying to get coverage for injuries to other drivers and passengers. But if you’re just trying to get the insurer to pay for vehicle damage under your collision coverage, the insurer may not attempt to deny that claim. If your insurer is denying coverage for bodily injury, you might need to hire a lawyer to try to convince the insurer to change its mind. Even if your insurer agrees to defend you for damages relating to your DUI accident, it will still not defend you against a claim of intentional misconduct, or pay for damages relating to a charge of intentional misconduct. As you may know, the majority of personal injury claims are based on the fault concept of negligence (which means carelessness or the failure to act with reasonable caution). That is because most people and companies do not act intentionally to injure someone. But occasionally someone will cause harm through an intentional act (which is usually defined as an intentional tort). Sometimes a lawyer in a personal injury case involving a DUI will add a claim for intentional misconduct against the at-fault DUI driver. If the case goes to trial, and a jury awards the plaintiff damages for the driver’s intentional misconduct, the DUI driver’s insurance company will not pay for those damages. The defendant will have to pay for intentional misconduct damages out of his/her own pocket. For financial liability purposes when it comes to the intentional conduct charge, it’s the same as driving without insurance. How Long Will a DUI Stay on My Record? • Compare The Attorneys You Interview: After you’ve completed your initial consultations, take some time to evaluate and compare the attorneys. This enables you to identify the one most qualified to represent you. Fees are an important consideration, especially if money is tight. Resist the temptation to select an attorney just because they charge the lowest fee. That person might not be your best choice. Most attorneys are willing to negotiate if you can’t immediately afford their fees. Some may be willing to create a payment plan or even lower the total cost. When choosing an attorney, don’t ignore your gut feeling. If you find one who’s passionate, interested in your case, and who inspires your confidence and trust, they may be your best choice – even if they’re less experienced than others you interviewed. • Consider Any Physical Or Medical Conditions: Many physical and medical conditions can interfere with test results. This is so, particularly if the charges are based on the results of a field sobriety test or a breathalyzer test. For example, certain diets and medications can cause a false breathalyzer result. If you’re currently on a strict Atkins-style diet, for example, your body may produce alcohol that the breathalyzer reads incorrectly. This isn’t the type of alcohol that you can get drunk from, but the breathalyzer can’t tell the difference. You may also have registered falsely high blood-alcohol content on a breathalyzer if you have certain medical conditions such as diabetes or acid reflux. If your DUI charge is based on a field sobriety test, physical conditions may have caused you to appear drunk, even though your driving ability was not impaired. For example, you may have a recent knee or ankle injury. DUI LawyerWhen you need a DUI Attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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Transportation And Use Requirements With Title 2 Firearms How Do I Get A Copy Of My Father’s Will? ATV Accident Lawyer Woods Cross Utah Can You Claim A Garnishment On Your Taxes? What Does A Probate Attorney Do For You? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/best-dui-salt-lake-city-84190/
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Probate is the entire process of administering a dead person’s estate. This involves organizing their money, assets and possessions and distributing them as inheritance after paying any taxes and debts. If the deceased has left a Will, it will name someone that they’ve chosen to administer their estate. This person is known as the executor of the Will. Every estate and every Will is different. The exact probate process can vary depending on the instructions left in the Will and the assets, creditors, and beneficiaries the estate has. This will take about a year for most estates. The exact amount of time will depend on the size and complexity of the estate. International probate can be more complicated and usually takes between six months and two years. Sometimes disputes can come up during probate between the executor, beneficiaries, creditors, or tax authorities. These disputes can delay you in administering the estate. When There Is a Will If you die without having written and signed a will, you are said to have died “intestate.” When this happens, your estate is distributed according to the intestacy laws of the state where the property resides, regardless of your wishes. For instance, if you are married, your surviving spouse receives all of your intestate property under many states’ intestate laws. However, intestacy laws vary widely from state to state. In these situations, a probate attorney may be hired to assist the administrator of the estate (similar to the executor), and the assets will be distributed according to state law. A probate attorney may help with some of the tasks listed above but is bound by state intestacy laws, regardless of the decedent’s wishes or the family members’ needs. A relative who wants to be the estate’s administrator must first secure what is called “renunciations” from the decedent’s other relatives. A renunciation is a legal statement renouncing one’s right to administer the estate. A probate attorney can help secure and file these statements with the probate court, and then assist the administrator with the probate process (managing the estate checkbook, determining estate taxes, securing assets, etc.). Most people, thankfully, don’t need to hire a attorney very many times in their lives. And even if you’ve gone to an attorney for a business matter, real estate transaction, or a divorce, working with a probate attorney is likely to be a different kind of experience. Some things are the same whenever you hire an attorney, though: to fully understand what’s going on, you will probably need to ask a lot of questions, and to keep costs down, you will have to take on some of the routine work yourself. • order death certificates Role of a Probate Attorney Probate LawyerWhen you need legal help with a probate 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
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Do You Need An Attorney To Settle An Estate? Criminal Vs. Civil Penalties For Firearms Injuries ATV Accident Lawyer South Salt Lake Utah Is Legal Separation Recognized In Utah? Can You Claim A Garnishment On Your Taxes? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-does-a-probate-attorney-do-for-you/ If you owe someone money and they take you to court and win, they can sometimes get a court order to garnish your wages. That means that your employer will have to set aside a portion of your wages to provide to the creditor, and you’ll never see that portion of your income on your paycheck. If you have your wages garnished to settle a debt that pays is still legally yours, so you can’t simply ask the Internal Revenue Service to deduct it from your income or ask for a refund of garnished wages on your taxes. It’s effectively the same as if you received your paycheck and then paid your creditor. On the other hand, if your wages are being garnished because you failed to pay for something tax deductible, the garnished amount may itself be tax deductible. For example, if you are being garnished to pay a medical bill, you may be able to apply the garnished amount toward the medical and dental expense deduction, which allows you to deduct medical expenses above 7.5 percent of your adjusted gross income, provided you itemize your tax deductions. If the debt is business related, you may be able to deduct the payment as a business expense, provided you use the cash method of accounting rather than the accrual method. That means that you claim business income and expenses as the money is received or paid rather than when they are first incurred. If you fail to pay your taxes, the IRS can put a levy on your various assets and on your wages. That allows it to seize money from your bank and other accounts and take at least a portion of your income. Generally some of your income is exempt based on the standard deduction and other exemptions you are due. Naturally, income paid to satisfy a prior tax debt to the IRS isn’t tax deductible from your current year’s tax bill, though it does help to satisfy previous years’ taxes. Tax Law Changes in 2018 How to Deduct Your Small Claims Court Judgments on Your Tax Return Deducting Legal Expenses Tax Refund Offsets Using Exemptions to Protect Your Wages From Garnishment How to File a Claim of Exemption Garnishment LawyerWhen you need legal help stopping a garnishment 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
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How Much Cash Can You Keep When Filing Chapter 7? ATV Accident Lawyer Grantsville Utah Is There Any Likelihood Of A Wife Keeping The House In Divorce? Can I Qualify For A Loan Modification? Do You Need An Attorney To Settle An Estate? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/can-you-claim-a-garnishment-on-your-taxes/ A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other matters in which legal advice and other assistance are sought. Transportation law is the body of law that governs transportation infrastructure and its use. It regulates the way that people travel using any method of transportation including railways, air travel, vehicular travel and even waterways. Much of transportation law comes from the government agencies that make regulations and oversee compliance with the regulations that they create. Transportation law also involves companies and individuals that must understand and follow the regulations. Most transportation law in the United States is federal. Because transportation impacts interstate commerce, the federal government can regulate transportation under the commerce clause of the U.S. Constitution. Federal transportation law regulates a number of things including any of the following: Federal Transportation Agencies Maritime Administration Contesting criminal or civil penalties Transportation LawyerWhen you need a transportation attorney on your side, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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How Much Cash Can You Keep When Filing Chapter 7? How To File Bankruptcy In 2020 ATF Audits Of Firearms Dealers Duty To Disclose In Foreclosures Do You Need An Attorney To Settle An Estate? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/transportation-law-firm/ Most of us, at one time or another, must take on the responsibility of wrapping up the affairs of a loved one who has died. The essence of the job is to carry out the deceased person’s wishes to collect the person’s assets, pay debts and taxes, and distribute what’s left to the people or institutions the person wanted to inherit it. That’s how an estate is “settled.” Because an executor is in charge of someone else’s money, the law imposes a high ethical standard. An executor (also called personal representative) must be completely honest and always act in the best interests of the estate. You must also deal with the people who inherit under the terms of a will or, if there isn’t a will, under state law. And if necessary, you must shepherd the estate through probate court proceedings, probably with the help of an attorney and other experts. If you need expert advice, you can hire professionals, and pay them from estate assets. Estate settlement requires a broad range of skills and carries a long list of responsibilities, from preparing and filing taxes to resolving conflicts among beneficiaries. It also carries significant legal liabilities and requires a commitment of time and energy, it can take as much as two years to settle even the most straightforward estates. Find The Will, If Any. You’ll need a thorough inventory if you conduct a probate court proceeding. In any case, it will help you keep track of valuables, determine how you can transfer different items (because you’ll note how title to assets is held), divide property among beneficiaries who are supposed to get equal shares (typical with siblings), and determine whether or not the estate will owe state or federal estate tax. Coordinate With The Successor Trustee. When the debts and taxes are paid, when the probate (if any) is closed, your last job is to distribute property to the people who inherit it under the will or state law. (Then congratulate yourself for a job well done.) Many executors decide, sometime during the process of winding up an estate, that they could use some legal advice from a lawyer who’s familiar with local probate procedure . But if you’re handling an estate that’s straightforward and not too large, you may find that you can get by just fine without professional help. Most or all of the deceased person’s property can be transferred without probate. The best-case scenario is that you don’t need to go to probate court, because assets can be transferred without it. This depends on the planning the deceased person did before death-you can’t affect it now. But you won’t need probate if all estate assets are held in joint ownership, payable-on-death ownership, or a living trust, or if they pass through the terms of a contract (like retirement accounts or life insurance proceeds). The estate qualifies for simple “small estate” procedures. No probate is best, but simple or “summary” probate is better than regular probate. Whether or not the estate qualifies for the summary procedure depends on state law. A few states let estates worth a couple of hundred thousand dollars not counting non-probate assets use the simpler process. If probate is necessary, the state has a relatively simple process. Probate is easier in states that have adopted the Uniform Probate Code (a set of laws designed to streamline probate) or have simplified their own procedures. The estate doesn’t contain a business or other complicated asset. Managing, appraising, and selling a business are all tasks that require some expertise and experience. You’ll probably want expert advice. Estate LawyerWhen you need a lawyer to settle an estate 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
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Who Inherits When There Is No Will? Judicial vs Non Judicial Foreclosure ATV Accident Lawyer Magna Utah How Much Cash Can You Keep When Filing Chapter 7? Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post Do You Need An Attorney To Settle An Estate? appeared first on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/do-you-need-an-attorney-to-settle-an-estate/ Most Chapter 7 bankruptcy cases are no-asset cases. That means the debtors give up nothing to the trustee. The exemption systems permit debtors to retain the means of day-to-day living, free from the claims of their creditors. The point of bankruptcy is to get a fresh start and that is only possible if the debtor has something to start with. In addition, used household goods and personal effects have little resale value, and so do not represent a real source of value to repay creditors. Congress created a set of exemptions in the bankruptcy code but allowed each state to opt-out of those exemptions in favor of state law exemptions. Sixteen states allow debtors to choose between federal and state exemptions. In order to use a state’s exemptions, you must have lived in that state for two years prior to filing. If you haven’t lived there for two years, you must use the exemptions of the state in which you lived for most of the six months prior to the two-year look-back period. How Liens Impact Bankruptcy Exemptions Excluded Property Wage Exemption The law wants to protect the items you need to survive. That includes your furniture, clothing, appliances, and medical supplies, among others. Federal law exempts up to $12,250 of household goods, as long as no single item is worth more than $575. There are limits to the household goods exemption; you generally can’t keep multiple televisions, art (unless you created it), recreational vehicles such as boats and ATVs, and similar non-essential items. Here are some examples of cash (or assets readily converted to cash) that could have additional bankruptcy exemption protection: How Exemption Works Chapter 7 Bankruptcy LawyerWhen you need a chapter 7 bankruptcy lawyer 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
ATV Accident Lawyer West Jordan Utah Forbearance Of Real Estate Loans Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeThe post How Much Cash Can You Keep When Filing Chapter 7? appeared first on Michael Anderson. via Michael Anderson https://www.ascentlawfirm.com/how-much-cash-can-you-keep-when-filing-chapter-7/ Whаt iѕ a criminal dеfеnѕе lаwуеr? He or ѕhе iѕ a lеgаl рrоfеѕѕiоnаl whо organizes a саѕе in оrdеr to rерrеѕеnt a client whо iѕ ассuѕеd of a сrimе. If the jurу dоеѕ nоt have a unаnimоuѕ decision, the judge hаѕ nо choice but tо call fоr a retrial. Shоuld there by a mistake mаdе in the triаl such as thе ѕеlесtiоn of thе jurу, thе judgе will ѕау thаt it is a mistrial and once аgаin, bоth sides will hаvе tо start оvеr and рrеѕеnt thеir саѕе. Whу seek fоr аn арреаl? • In thе рrосеѕѕ of рrеѕеnting thе саѕе, the соurt has tо grаnt permission fоr attorneys to рrоvidе evidence in court. Thеrе аrе times whеn ѕuсh аuthоritу iѕ nоt appropriately exercise аnd lеаdѕ to a fаlѕе judgmеnt by thе jurу. • A рrеviоuѕ attorney соuld have еrrеd in thе presenting thаt саѕе in соurt and deprived the dеfеndаnt frоm attaining an еffесtivе аѕѕiѕtаnсе оf counsel, where the саѕе wаѕ nоt рrореrlу dеfеndеd on bеhаlf of thе client. Criminal арреаl lаwуеr аrе nоt оnlу trаinеd tо hаndlе thе diffеrеnt proceedings thаt will undergo in thе highеr соurt, but they also hаvе thе аddеd еdgе оf bеing аblе to contest the vеrdiсt. Whеn finding аn appropriate lаwуеr, thеу’rе роrtfоliо should аlwауѕ bе rеviеwеd tо ѕее if they’re experienced in hаndling ѕuсh саѕеѕ. Othеr thаn their раѕt rесоrdѕ, аttоrnеу fееѕ have to be diѕсuѕѕеd tо еnѕurе thаt thеу’rе reasonable; inԛuiriеѕ could bе made with different agencies tо undеrѕtаnd thе common charges whеn hiring the ѕеrviсеѕ оf such attorney. Lаѕtlу, hаving a lаwуеr iѕ nоt a ѕоlutiоn in itself. Cliеntѕ аrе always аdviѕеd to соореrаtе with thеir аttоrnеуѕ either by rеmаining silent in court оr rеviеwing thrоugh evidence whiсh wеrе previously brought to court. Utah Criminal Appeals LawyerWhen you need to appeal a criminal case in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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ATV Accident Lawyer Midvale Utah Should My Mom Declare Bankruptcy? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/top-criminal-appeals-lawyer/ Utah Probate Code 75-3-402: Formal Testacy Or Appointment Proceedings–Petition–Contents1. Petitions for formal probate of a will, or for adjudication of intestacy with or without request for appointment of a personal representative, must be directed to the court, request a judicial order after notice and hearing, and contain further statements as indicated in this section. A petition for formal probate of a will: When a person dies, his or her estate must go through probate, which is a process overseen by a probate court. If the decedent leaves a will directing how his or her property should be distributed after death, the probate court must determine if it should be admitted to probate and given legal effect. If the decedent dies intestate without leaving a will the court appoints a Personal Representative to distribute the decedent’s property according to the laws of Descent and Distribution. These laws direct the distribution of assets based on hereditary succession. In general, the probate process involves collecting the decedent’s assets, liquidating liabilities, paying necessary taxes, and distributing property to heirs. Probate procedures are governed by state law and have been the subject of debate and reform since the 1960s. The Uniform Probate Code (UPC) was first proposed in 1969 by the National Conference of Commissioners on Uniform State Laws and the House of Delegates of the American Bar Association. The prime focus of the UPC is to simplify the probate process. The UPC, which has been amended numerous times, has been adopted in its entirety by 16 states: Alaska, Arizona, Colorado, Florida, Hawaii, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Carolina, South Dakota, and Utah. The other 36 states have adopted some part of the UPC but still retain distinct procedures. Probate of a WillThe probate of a will means proving its genuineness in probate court. Unless otherwise provided by statute, a will must be admitted to probate before a court will allow the distribution of a decedent’s property to the heirs according to its terms. As a general rule, a will has no legal effect until it is probated. A will should be probated immediately, and no one has the right to suppress it. The person with possession of a will, usually the personal representative or the decedent’s attorney, must produce it. Statutes impose penalties for concealing or destroying a will or for failing to produce it within a specified time. Probate proceedings are usually held in the state in which the decedent had domicile or permanent residence at the time of death. If, however, the decedent owned real property in another state, the will disposing of these assets must also be probated in that state. To qualify as a will in probate, an instrument must be of testamentary character and comply with all statutory requirements. A document is testamentary when it does not take effect until after the death of the person making it and allows the individual to retain the property under personal control during her or his lifetime. A will that has been properly executed by a competent person the testator as required by law is entitled to be probated, even if some of its provisions are invalid, obscure, or cannot be implemented. A will made as a result of Fraud or Undue Influence or a will that has been altered so that all its provisions are revoked will be denied probate. If the alteration only revokes certain provisions of the will, the remaining provisions can be admitted to probate. All separate papers, instruments, or sheets comprising the most recent of a testator’s wills will be admitted to probate. Where a later will does not explicitly revoke all prior wills, two separate and distinct wills can be probated. Probate courts seek to carry out the declared intention of a testator regarding the disposition of property, and they resort to distributing property according to the law of descent and distribution only where no reasonable alternatives exist. As a general rule, the original document must be presented for probate. Probate of a copy or duplicate of a will is not permitted unless the absence of the original is satisfactorily explained to the court. If a properly proved copy or duplicate of a will that has been lost or destroyed is presented to the court, it may be admitted to probate. Some states have special proceedings to handle such occurrences. A thorough and diligent search for the will is necessary before a copy can be probated as a lost will. A probate proceeding may involve either formal or informal procedures. Traditionally, probate proceedings were governed by formal procedures that required the probate court to hold hearings and issue orders involving routine matters. Consequently, the legal costs of probating an estate could be substantial. States that have adopted the UPC provisions on probate procedures allow informal probate proceedings that remove the probate court from most stages of the process, with the result that informal probate is cheaper and quicker than formal probate. Most small estates benefit from an informal probate proceeding. The probate process begins when the personal representative files with the clerk of the probate court a copy of the death certificate along with the will and a petition to admit the will to probate and to grant letters testamentary, which authorize him or her to distribute the estate. Although the personal representative usually files the probate petition, it can be filed by any person who has a pecuniary interest in the will. In states governed by the UPC, the personal representative must elect whether to proceed with formal or informal probate at the time of filing. However, a probate proceeding may be switched from informal to formal during the course of administration, if issues so warrant. In a formal probate proceeding, a hearing must be held to establish the death of the testator, the residency of the decedent, the genuineness of the will, its conformance with statutory requirements for its execution, and the competency of the testator at the time the will was made. These requirements are usually fulfilled by the attesting witnesses who were present at the time the will was made and who certifies that it was properly executed. The number of attesting witnesses is prescribed by law. If fewer than the required number witnesses a will, it will be declared void, and the testator’s property will pass according to the laws of descent and distribution. When some or all of the witnesses to a will are unavailable, special steps are taken. If the required witnesses have died before the testator, the person offering the will must offer proof of death, in addition to evidence of the genuineness of the signatures and any other proof of execution available. The UPC simplifies witness issues by permitting the admission of “self-authenticating” wills. These wills contain a statement signed by the witnesses that attests to the competency of the testator and other statutory requirements. Self-authentication relieves the witnesses of the burden of appearing in court and the personal representative of costly procedures if the witnesses are unavailable. Informal probate proceedings generally do not require a hearing. The personal representative files the death certificate and will, along with a petition to admit the will under informal probate. The clerk of probate court reviews the submissions and recommends to the court that the will be probated. Once the court issues the order for informal probate, the personal representative files a series of forms that demonstrate that notice has been given to all interested parties about the probate, the decedent’s creditors have been paid, and the estate’s assets have been collected, appraised, and distributed to the designated heirs. Contested Probate ProceedingsThe probate of a will can be opposed or contested on the ground that the instrument is void because of the testamentary incapacity of the testator at the time the will was made, the failure to comply with the formalities required by law, or any matter sufficient to show the nonexistence of a valid will. When a will is contested, formal proceedings are required. Will contests are concerned only with external validity, such as failure of due execution, fraud, mistake, undue influence, lack of testamentary capacity, or lack of intent that the instrument be a will. Issues of internal validity, such as violation of the Rule against Perpetuities, must be raised in proceedings at a later stage of administration. Although a will has been probated as a genuine expression of the testator’s intended distribution of property upon her or his death, the estate might be disposed of according to the laws of descent and distribution if the testamentary provisions violate the law. Only a person having some interest that will be affected by the probate can contest it. Such persons include next of kin who will receive property if the will is set aside and intestacy results, purchasers of property from the heir or heirs, administrators or personal representatives under prior wills, and the state, if there is a possibility of Escheat, which means that the government will receive the property if no living heirs can be found. Creditors, however, generally are not entitled to contest the will of a debtor. A personal representative must defend the will against attack and must employ his or her best efforts to have it sustained if he or she reasonably believes that the will is valid. Utah Probate LawyerWhen you need help with Utah Probate, 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
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Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-probate-code-75-3-402/ The absence of an attorney with trial/litigation experience could be detrimental if the opposing spouse has hired an attorney who is experienced in litigation. An experienced trial attorney would be necessary to avoid a potential injustice. The important fact is that you do not confuse aggressive for self-directed. An aggressive attorney may be aggressive for all the wrong reasons. You want a powerful advocate; just make sure the attorney is advocating for positions that are greater than your own. Divorce cases are fraught with financial confusion and lack of direction. Point out Common Ground Focus on your Interests Take a Calculated Approach Here are some tips to help you find the best divorce attorney: Aggressive Family Attorney In UtahWhen you need an aggressive family attorney, 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
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What Is The Average Cost Of The Probate Lawyer? Assessment Of Environmental Risk Pre-Foreclosure ATV Accident Lawyer Herriman Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/aggressive-family-lawyer/ Utah Criminal Code 76-5-202: Aggravated Murder1. Criminal homicide constitutes aggravated murder if the actor intentionally or knowingly causes the death of another under any of the following circumstances: e) the homicide was committed incident to one act, scheme, course of conduct, or criminal episode during which the actor committed the crime of abuse or desecration of a dead human body as defined in Subsection 76-9-704(2)(e); j) the actor was previously convicted of: m) the victim is or has been a peace officer, law enforcement officer, executive officer, prosecuting officer, jailer, prison official, firefighter, judge or other court official, juror, probation officer, or parole officer, and the victim is either on duty or the homicide is based on, is caused by, or is related to that official position, and the actor knew, or reasonably should have known, that the victim holds or has held that official position; 3. If a notice of intent to seek the death penalty has been filed, aggravated murder is a capital felony. First-degree murder convictions typically draw the harshest sentences of any crime. As with the elements of the crime and defenses available, sentencing can vary from state to state. Possible sentences are outlined in state statutes, although even where there are strict statutory guidelines, courts can still have some leeway to determine which sentence a convicted murderer will receive based on the facts of the case. The possible first-degree murder sentences vary widely by state. In some states, all first-degree murder convictions bring either the death penalty or life in prison without the possibility of parole. Other states, use a two-tiered sentencing structure: the first being a range of years (often up to life) in prison, and the second either life without the possibility of parole or the death penalty (in states that allow it). Which tier of sentence the court hands down typically depends on whether the prosecution can prove any of a host of aggravating factors. Aggravating FactorsState laws spell out specific factors which render those found guilty of first-degree murder subject to the state’s harshest sentence. Aggravating factors include aspects of the crime, of the defendant, or of the victim(s) which render the defendant eligible for either the death penalty or life in prison without the possibility of parole. Defense LawyerWhen you need a defense attorney in Utah, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you!
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The post Utah Criminal Code 76-5-202 first appeared on Michael Anderson.
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What Is The Average Cost Of A Probate Lawyer? Managing Employees In Your Business ATV Accident Lawyer Provo Utah How Long Do They Keep You In Jail For A DUI In Utah? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-criminal-code-76-5-202/ |
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