Having a will is arguably one of the most important things you can do for yourself and your family. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things handled after you have passed on. While each person’s situation varies, here are the top ten reasons to have a will. 1) You decide how your estate will be distributed. A will is a legally-binding document that lets you determine how you would like your estate to be handled upon your death. If you die without a will, there is no guarantee that your intended desires will be carried out. Having a will helps minimize any family fights about your estate that may arise, and also determines the “who, what, and when” of your estate. 2) You decide who will take care of your minor children. A will allows you to make an informed decision about who should take care of your minor children. Absent a will, the court will take it upon itself to choose among family members or a state-appointed guardian. Having a will allows you to appoint the person you want to raise your children or, better, make sure it is not someone you do not want to raise your children. 3) To avoid a lengthy probate process. Contrary to common belief, all estates must go through the probate process, with or without a will. Having a will, however, speeds up the probate process and informs the court how you’d like your estate divided. Probate courts serve the purpose of “administering your estate”, and when you die without a will (known as dying “intestate”), the court will decide how to divide estate without your input, which can also cause long, unnecessary delays. 4) Minimize estate taxes. Another reason to have a will is because it allows you to minimize your estate taxes. The value of what you give away to family members or charity will reduce the value of your estate when it’s time to pay estate taxes. 5) You decide who will wind up the affairs of your estate. Executors make sure all your affairs are in order, including paying off bills, canceling your credit cards, and notifying the bank and other business establishments. Because executors play the biggest role in the administration of your estate, you’ll want to be sure to appoint someone who is honest, trustworthy, and organized (which may or may not always be a family member). 6) You can disinherit individuals who would otherwise stand to inherit. Most people do not realize they can disinherit individuals out of their will. Yes, you may wish to disinherit individuals who may otherwise inherit your estate if you die without a will. Because wills specifically outline how you would like your estate distributed, absent a will your estate may end up on the wrong hands or in the hands of someone you did not intend (such as an ex-spouse with whom you had a bitter divorce). 7) Make gifts and donations. The ability to make gifts is a good reason to have a will because it allows your legacy to live on and reflect your personal values and interests. In addition, gifts up to $13,000 are excluded from estate tax, so you’re also increasing the value of your estate for your heirs and beneficiaries to enjoy. Be sure to check the current laws for your year to learn the most up-to-date gift tax exclusions. 8) Avoid greater legal challenges. If you die without a will, part or all of your estate may pass to someone you did not intend. For example, one case involved the estate of a deceased son who was awarded over $1 million from a wrongful death lawsuit. When the son died, the son’s father – who had not been a part of his son’s life for over 32 years – stood to inherit the entire estate, leaving close relatives and siblings out of the picture! 9) Because you can change your mind if your life circumstances change. A good reason for having a will is that you can change it at any time while you’re still alive. Life changes, such as births, deaths, and divorce, can create situations where changing your will are necessary. 10) Because tomorrow is not promised. Procrastination and the unwillingness to accept death as part of life are common reasons for not having a will. Sometimes the realization that wills are necessary comes too late – such as when an unexpected death or disability occurs. To avoid the added stress on families during an already emotional time, it may be wise to meet with an estate planning lawyer to help you draw up a basic estate plan at the minimum, before it’s too late. Be sure to read What Not To Include When Making a Will for more wills information. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson http://www.ascentlawfirm.com/10-reasons-to-have-a-will/
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The term “living will” is a bit of a misnomer, as living wills are not wills in the traditional sense. A typical will takes effect upon a person’s death, providing instructions such as for the distribution of his or her property and other assets. A living will, on the other hand, allows a person to specify medical treatment and care instructions that take effect while he or she is still living. This is a part of estate planning. For example, if a person becomes mentally incapacitated or otherwise unable to make or communicate health care decisions, a living will provides family members and hospital personnel with the person’s medical care instructions and preferences. This section provides information and resources related to living wills and other health care directives. You’ll also find an overview of state living will laws, a sample living will form, and a discussion of a health care power of attorney. What Is a Living Will?A living will is a legal document that contains a person’s medical care and treatment instructions. The purpose of a living will is to allow a person to express health care decisions while he or she is mentally able to do so. In general, health care providers are required to obey the instructions contained in a person’s living will. What Types of Procedures Are Covered in a Living Will?States have passed laws covering living wills and other forms of health care estate plans. Because there are differences in these laws, it’s important to be fully informed of applicable regulations and requirements as you begin to plan your living will. In many states, a living will allows a person to express instructions concerning the use of a respirator to maintain breathing, the use of procedures such as blood transfusions and dialysis, and the injection of intravenous fluids and nutrients to sustain life. Keep in mind that a living will allows you to both refuse and to accept certain forms of treatment. For example, a person can refuse to undergo blood transfusions while stating an intent to receive intravenous drugs. Benefits of Creating a Living Will NowA person who creates a valid living will can feel secure in knowing that his or her medical care instructions will be honored. By creating a living will or other similar plan, you can avoid unwanted medical treatments and their associated costs. As an added benefit, your family members and friends will have advance knowledge of your medical and end-of-life care preferences. This can prevent emotional and harmful disputes from occurring. Health Care Power of Attorney or a Living Will?An alternative to drafting a living will is creating a health care power of attorney. This is a legal document that allows one person to grant another person the authority to make medical care and treatment decisions on the first person’s behalf. If you have a trusted family member or close friend who is a medical care professional, a health care power of attorney relationship can be a good idea. In Utah, you really should use the Advanced Health Care Directive that the Utah Legislature has put into place. A Utah lawyer can help you with this. How an Attorney Can Help with your Living WillIf you have questions about living wills and other types of health care estate plans, an attorney can answer them. He or she can also help you to create a living will that reflects your intentions and wishes. This section provides a link for consulting with an experienced estate planning lawyer in your area. Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law 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
20 Secrets to Building a Great Marriage via Michael Anderson http://www.ascentlawfirm.com/living-will/ Too often, at Ascent Law, we talk about divorce, child custody and other marital issues. Sometimes we foget to talk about good things – things that’ll help in a marriage. So, here is some advice. Many couples could avoid divorce if they got some good advice (and remembered it) when their marriage started having serious trouble. Here are some tips that should benefit most couples.
Marriage isn’t easy. Building a strong marriage takes time, effort, and maturity. But it’s worth it. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fhelp 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 http://www.ascentlawfirm.com/20-secrets-to-building-a-great-marriage/ If you need immediate help with an estate planning issue involving a will, trust or estate, or would like to contact an estate planning attorney, you’ve come to right place. Because state laws vary considerably and communicating this essential information without vagueness while still complying with local rules can be complicated most people will benefit from the assistance of an attorney in preparing and executing the final documents. However, the better your understanding of the requirements, the easier and more effective your time with an attorney will be. Please select from of the following topics to learn more about getting legal help with an estate planning issue. Estate Planning Forms and ToolsExamining the standard forms for a basic will, health care power of attorney, living will directive to physicians, designation of surrogate, and other important estate planning forms and checklists can help you better understand the purpose and structure of these legal devices. These tools are meant to be the beginning, rather than the end of a process of structuring the documents that help communicate your wishes to health care providers and courts in situations when you are unavailable to speak due to death or disability. Materials in this section include an estate planning case intake questionnaire that can help an attorney determine which estate planning tools you need, an estate planning checklist to help ensure that you have considered all aspects of estate planning that are commonly needed, a checklist of action items for an estate executor organizing the actions required for an individual in this role, and sample documents including a basic will, a living will, a health care power of attorney form, and more. In addition to basic forms and checklist there are articles that provide state-specific forms for advance directives and living wills and an article discussing the advantages of various estate planning tools. Using an Estate Planning AttorneyOrganization and preparation are always helpful if you are planning to meet with an attorney. Since time for a consultation may be limited, or the attorney may charge an hourly rate, the time spent preparing yourself and your paperwork can often translate into a cheaper and more thorough analysis of your needs. To help you prepare there are materials provided here that can help ensure that you present the information an attorney needs to help you plan your estate. One such tool is an intake questionnaire designed to help organize the information most relevant to estate planning. This form will help you present your attorney with information about the property and family connections that most frequently affect which documents are necessary and how they should be structured. The form also asks questions designed to help you and your attorney determine which kinds of estate planning tools are most appropriate for your needs. An experienced estate planning attorney will work closely with you to develop a set of estate planning documents that address your concerns in a way that is right for you. They will ensure that your wishes are communicated clearly and with the maximum weight of the law, while also anticipating and avoiding negative tax implications by consulting with expert accounting and tax advisers in some instances. Finally, they prepare and execute all of the necessary documents such as wills, living trusts, testamentary trusts, and powers of attorney. Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law 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
Top 10 Mistakes to Avoid in Your Divorce Case via Michael Anderson http://www.ascentlawfirm.com/estate-planning-help/ Probate is a court-supervised process of distributing and overseeing property after a person dies. The purpose of probate is to determine the wishes of the deceased, pay debts, and to distribute the property according to the decedents wishes. The following occurs during probate:
Many individuals take into consideration avoiding probate in deciding on an estate planning option. Is avoiding probate possible through probate exemptions?Yes, in some states the law provides a way of avoiding probate by allowing an exemption or a simplified probate process for small estates only worth a certain amount. In California, for example, small estates worth less than $100,000 escape the probate process. In a few states, probate is eliminated or a simplified probate process applies for property left to the surviving spouse. If avoiding probate is not an option, who is responsible for managing the probate process?An executor named in a will or an administrator appointed by a probate court is responsible for overseeing the probate process. A probate judge appoints an administrator if an executor is unnamed in a will or if the decedent died without a will. Usually, the administrator is a relative or the person inheriting the majority of the decedents estate. The executor or the administrator performs the following duties:
In many situations, the executor oversees probate, while a probate lawyer performs the bulk of the work. If probate proceedings are unnecessary, the family of the decedent chooses an informal estate representative to pay debts and to distribute the property. Usually the estate representative is a family member or a close friend of the decedent. What happens during the probate process?Because probate involves court costs and attorney fees, avoiding probate will save time and money. The probate process usually takes between six months to a year. The executor of the will or a court-appointed administrator will handle probate, and, if necessary, hire a probate attorney. The executor or the administrator is responsible for filing the appropriate paperwork with the probate court after the decedents death. During probate, the following occurs: the probate court receives a copy of the decedents will, probate assets are identified and inventoried, contact is made with heirs, beneficiaries, and creditors, and debts and taxes are paid. The last step in the probate process is the distribution of probate assets. In some situations, the executor may have to sell assets, such as real estate and securities, to pay outstanding debts or to make cash bequests specified by the will. What are my options for avoiding probate?If property qualifies for a states exemption or a simplified probate process, probate is inapplicable and it is unnecessary to devise methods to avoid probate. If, on the other hand, an estate will be subject to probate, there are some effective methods of avoiding probate.
Free Consultation with Utah Probate LawyerWhen you need a probate lawyer on your side, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Coping with Psychological Damage After an Accident Top 10 Mistakes to Avoid in Your Divorce Case via Michael Anderson http://www.ascentlawfirm.com/avoiding-probate/ Here are the top 10 mistakes you absolutely must avoid when you are in a divorce case. Becoming a Financial VictimThe biggest mistake divorcing spouses can make is being in the dark about finances. If your spouse has always handled all of the financial decisions in your household and you don’t have any information about you and your spouse’s income and assets, your spouse will have an unfair advantage over you when it comes time to settle the financial issues in your divorce. If you suspect your spouse is planning a divorce, get as much information as you can now. Make copies of important financial records such as account statements (eg., savings, brokerage, and retirement) and all other data that relates to your marital lifestyle (eg., checking accounts, charge card statements, tax returns). If you believe your spouse may liquidate (sell or transfer to cash) assets or retitle marital assets without your consent, notify the holder of the asset or property in writing and get a restraining order from the court. Watch out for any cash held in joint checking and brokerage accounts, and the cash value of life insurance policies. If your spouse uses or moves assets without your knowledge, you may have to hire legal and forensic accounting experts to help you locate and value the assets. Not Considering MediationIf you and your spouse can work together to reach a fair settlement on most or all of the issues in your divorce (eg., child custody, child support, alimony, and property division), choosing mediation to resolve your divorce case may save thousands of dollars in legal fees and emotional aggravation. The mediation process involves a neutral third-party mediator (an experienced family law attorney trained in mediation) that meets with the divorcing couple and helps them reach an agreement on the issues in their divorce. Mediation is completely voluntary; the mediator will not act as a judge, or insist on any particular outcome or agreement. Mediation also provides divorcing couples a lot of flexibility, in terms of making their own decisions about what works best for their family, compared with the traditional adversarial legal process, which involves a court trial where a judge makes all the decisions. Mediation, however, is not appropriate for all couples. For example, if one spouse is hiding assets or income, and refuses to come clean, you may have to head to court where a judge can order your spouse to comply. Or, if one spouse is unwilling to compromise, mediation probably won’t work. Hiring a Combative Lawyer to Punish Your SpouseThis is a very bad idea for two reasons. First, except in extremely egregious cases, most courts won’t punish your spouse financially for being a bad person. Second, hiring an attorney to punish your spouse will cost you because your attorney will need to increase the number of hours spent on your case. Increased attorney hours means higher divorce costs, and higher divorce costs means there will be fewer assets and cash left for you and your family. Try to take the emotion out of your divorce, and treat your case as a business arrangement. The best revenge is to live well after the divorce is over. Failing to Recognize Your Common Enemy – the I.R.S.Work together with a divorce financial planner or tax accountant to minimize the total taxes you and your spouse will pay during separation and after divorce; you can share the money you save. Don’t forget that both spouses are liable for taxes due as a result of audits on joint returns, so it’s usually in your best interest to work together and minimize possible liabilities. If you’re facing complicated tax issues in your divorce, it’s best to consult with an experienced family law attorney and an accountant. Not Producing an Accurate BudgetDivorcing spouses usually underestimate living expenses when they produce their initial budget for temporary alimony (also referred to as “maintenance”), and later find that they aren’t able to cover all of their bills. Use a financial professional to help you produce an accurate and complete budget. Disregarding the Impact of Taxes in a Divorce SettlementIt’s important to remember that after the divorce is final, you may get taxed on the marital assets you received through your settlement. Say your spouse handles all the investments and offers to split them 50/50. Sounds good, right? The only way to know if you’re getting a fair deal is to determine the value of the investments on an after-tax basis, then decide if you like the deal. Again, you should speak with a tax professional about the impact of any proposed property division before you agree to it. Failure to Evaluate Settlement ProposalsIf you’re trying to decide whether your spouse’s proposed divorce settlement is fair and workable, you should try to figure out how the settlement will impact your finances in the years ahead. There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education. There are specialized divorce computer models that produce comprehensive and realistic analyses of your post-divorce lifestyle. You should speak with a local divorce attorney or financial planner that specializes in divorce for help analyzing any proposed financial settlement. Being Emotionally Attached to Assets in Divorce NegotiationsThe marital residence, the pension you earned, a painting purchased during your marriage – these assets often bring an emotionally charged debate to divorce negotiations, which can impair good decision-making. Often, divorcing spouses that are attached to the family home don’t realize that they can’t really afford. Yet, they fight tooth and nail to keep it, sometimes at the expense of retirement planning. However, the real estate market crash has made it abundantly clear that homes have a very low return on investment and, in some cases, have a negative return; many houses today are still underwater, and couples have had to walk away from their homes and the hard-earned money they invested. In addition, a home is a major cash expense (eg., mortgage payments, property taxes, repairs, and utilities). Let go of any emotional attachments you may have. During your divorce and settlement negotiations, your main focus should always be on how to maximize your finances by making sure you’ll have enough cash for living expenses after your divorce and in retirement. Over-using Your Divorce LawyerDivorce attorneys generally charge $200- $300 per hour, and partners in well-known New York City, Los Angeles, and San Francisco family law firms typically charge $450 per hour. These attorneys can provide advice on divorce-related issues, but they are not therapists or certified financial planners. If you need to talk through the emotional aspects of your divorce, or need career counseling or financial analysis, save money on additional attorney’s fees and be sure to talk to the right professionals, such as a licensed therapist, vocational expert, or a financial planner. Beware of Settlement Offers That Look Too GoodBoth spouses and children must make compromises in their life styles post-divorce. A settlement that does not give one spouse enough money to live on is likely to go into default in the future. Be fair, but verify the numbers. Get payments up front whenever possible, even if you get less in total. Try to secure all payments with assets and insurance. It may be worth speaking to a family law attorney who can review a settlement offer and make sure your rights are fully protected. Disregarding the Long Term Impact of InflationThe effects of inflation on the cost of a child’s college education, or on retirement, 15 years in the future can be dramatic. The “Rule of 72” is a simple way to judge the impact of inflation. For example, if the inflation rate is 3%, the “Rule of 72” means that prices will double in 24 years (72/3=24). College costs at 5% inflation will double in 14.4 years (72/5=14.4). Be sure to work inflation into your settlement negotiations so you can cover the true costs of future financial expenses. Failing to Consider Your Spouse’s Eligibility for Social Security BenefitsIf a couple is married for 10 years or longer, a non-working or lower-earning spouse is entitled to derivative social security benefits on the higher earning spouse’s (“worker spouse”) record. These derivative benefits do not impact or lower the worker spouse’s social security payments, which is why it’s so ironic that the average length of marriage for people who get divorced is about nine and a half years. Waiting just another six months may guarantee increased retirement options with no reduction in payments. Forgetting to Update Estate DocumentsAfter divorce, many people forget to change the beneficiaries on their life insurance policies, IRAs, and will(s), so the estates they wanted to leave to their children, new partner, or favorite charity may go instead to their ex-spouse. If you’re going through a divorce, talk to a family law attorney to find out what changes you can make to your estate plan during and/or post-divorce. Failure to Adequately Insure the Divorce SettlementYour ex-spouse’s premature death or disability can be devastating and may result in a loss of alimony, child support, college tuition, or property settlement payments. Life and disability insurance policies can guarantee that these payments will continue despite an unexpected loss or injury. Failure to Develop a Post-Divorce Financial PlanOne indisputable fact of divorce is that two households cost more to operate than one. Many divorcing spouses fail to realize that their divorce settlement must last a significant amount of time: perhaps even the rest of their lives. Financial planning can help people transition from a married to single lifestyle by prioritizing financial goals, developing realistic expectations, and producing sound plans for the assignment and division of financial resources. Free Consultation with a Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will 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
Getting Guardianship of Your Aging Parent DUI License Suspension Hearing If I File Bankruptcy Will I Lose My Property? via Michael Anderson http://www.ascentlawfirm.com/top-10-mistakes-to-avoid-in-your-divorce-case/ If you’re like a lot of people, you’ve probably spent more time planning your next vacation than deciding how to transfer your estate. But without proper estate planning, much of what you worked for during your lifetime could be distributed to unintended beneficiaries or lost to unnecessary complications. A revocable living trust is a popular estate planning tool that lets you control how your property is handled during your life and after death. It also helps avoid probate and transfers your property quickly and privately. The trust is a legal document that partially replaces a will. You transfer assets, such as your house, bank accounts, or stocks, into the trust’s name. A trustee, usually you or someone you have confidence in, manages the property for the benefit of you or your family. It’s called a living trust because it’s created when you are alive. And since it’s revocable, you can change or cancel the trust at any time before your death. Benefits and Limitations of a Living TrustsCreating a trust is a personal decision based on your own unique circumstances. A living trust has many benefits, but it may not do everything you need. Let’s look at what a revocable living trust can and can’t do for you: Benefits of a Living Trust
Limitations of a Living Trust
Start on Your Living Trust NowIn some circumstances, it may be possible for you draft a revocable trust on your own. Make a document stating the trust is created to hold property for the benefit of yourself or someone you specify. You can name yourself as the trustee, but be sure to select an alternate trustee. Next, list the assets being placed in the trust. Remember, the trust becomes the owner of the property you transfer. That’s why you must change the name on the title to that of the trust. Rest assured, you keep the right to manage your property in a living trust, even if you’re not the trustee. You have the right to change the terms of the trust, remove the trustee, or the property, at any time. When you’re finished writing your trust, sign it and have it notarized. You can fund your trust using a deed or standard transfer document to transfer the property into the trustee’s name, per the trust’s terms. It’s important to understand the laws in your state to properly form and fund your trust. Errors can make your trust invalid and without any legal effect. If you have any concerns, consult with a lawyer or other estate planning professional. Free Consultation with an Estate Planning LawyerIf you are here, you may need help with an estate plan. If so, please call Ascent Law for your free estate law 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
Getting Guardianship of your aging Parent via Michael Anderson http://www.ascentlawfirm.com/revocable-living-trusts/ Everyone seems to understand that divorce involves the division of marital property and assets. However, over the years, I have found that many people fail to fully appreciate that divorce involves the division of debt, as well. Ironically, debt is typically cited as one of the top reasons couples split up. But, getting divorced doesn’t make those troublesome debt problems “magically” disappear. In fact, it’s exactly the opposite. Just as debt can often play a major role in the failure of a marriage, it can also play a major role in adding stress and contention to divorce proceedings. What can you do minimize nasty debt headaches during your divorce? My best advice is to be prepared. Educate yourself about debt, in a broad sense. Then, gather all the relevant data about your specific case. You’ll want to collect credit card bills, information from your mortgage/home equity/auto loan accounts, etc. and learn all you can about what you and your spouse owe. In addition, here are a few tips to help you better understand how to handle dividing debt in your divorce:
There are nine Community Property States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Couples living in Alaska can “opt in” for community property, and Puerto Rico is a community property jurisdiction. The remaining 41 states are known as Equitable Distribution States (or Common Law States). Utah is one of these. In Utah, the court will try to either split the debt in half or perhaps do some creative offsets; but most of the time, if the debt was for and in behalf of the “marital estate”; then, the debt will be divided by both parties. (An earlier post discusses the differences between Community Property States and Equitable Distribution States in more detail.) In general terms, if you live in an Equitable Distribution State, debt that’s incurred during a marriage is the joint responsibility of both parties, provided both parties are co-signers on the account (mortgage, credit card, etc.). In other words, if your husband opened a credit card account in his name only, then only he is responsible for that debt. In Community Property States, both spouses are responsible, even if only one incurred the debt. Of course, once you and your husband have separated, the rules change. Any debt incurred after you separate is the sole responsibility of the person who made the charges. The wrinkle here is that “the moment of separation” varies from state to state. In some states, you need to legally declare a separation. In others, a legal separation is not required; you’re separated once you start living apart.
Either way, the goal is to separate your finances (and any remaining debt) from your husband’s finances (and any of his remaining debt). As a result, you’ll remove your liability for what he owes. If possible, you’ll also want to close joint credit cards and eliminate your husband as an authorized used on any credit cards in your name. Remember: Credit card companies and other third party agents are not bound by divorce agreements. It may sound harsh, but if your names are both on a credit card account, the credit card company can hold you responsible if your ex rings up a balance and then decides not to pay. One word of caution here: New federal regulations are making it harder than ever for women with little or no income to establish credit on their own. You’ll need to proceed with caution as you set out to establish credit in your own name . . . Which brings up my third point . . .
A good first step should be to create a budget that will allow you to maintain your lifestyle, pay off any remaining debt and increase your savings. A divorce financial planner can help you determine how to manage your assets and which adjustments are necessary for continued financial stability. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fhelp 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
Imputed Income for Child Support in Utah What is an Acceptable Use Policy? Getting Guardianship of your Aging Parent via Michael Anderson http://www.ascentlawfirm.com/divorce-with-debts/ You should begin gathering documents right from the first moment you consider taking on the role of a guardian. Guardianship is necessarily a very document and detail-heavy endeavor, because you are taking legal responsibility for the welfare of another human being. Guardians work very closely with the courts in their county or state, and documents are crucial to create a record of the guardianship. Preserving All Guardianship DocumentsWhether you’re the guardian of an elderly relative, a child, or someone otherwise unable to make their own legal decisions, you are responsible for the management and safety of that person’s assets. As such, you need to gather every document relevant to the management of these assets. Think about your duties and which documents may contain information pertaining to each duty, such as:
Utah Guardianship LawsA legal guardian must follow the applicable guardianship laws of the state, which are typically found in the state’s probate code. You have many options for assistance. First, the National Guardianship Association is a good resource, especially if you and your intended ward reside in different states. If you reside in the same state, you can begin by contacting the local family court of your county and consulting with the court clerk. The clerk can provide you with some preliminary information and guide you to the appropriate court, depending upon the nature of your guardianship. For example, in California if you are the guardian of a minor you may be subject to both the rules of the Probate Court and the Juvenile Court. Many states have created their own guardianship assistance division, such as New York’s Guardian Assistance Network, the Guardianship Association of New Jersey, and the Illinois Guardianship and Advocacy Commission. In Utah, guardian training is provided online and you must pass the Utah Guardian Pre-appointment Test before you can apply to be a guardian. You should make sure you speak with a Guardianship lawyer or probate attorney to help you. You can refer to the probate code of your state, but an attorney with experience in guardianships will be best able to assist you in clearly understanding your legal responsibilities and their proper execution. Making a Checklist of DocumentsYou may find the checklist below helpful in creating your own personal document checklist. _____Power of Attorney _____Living Will _____Guardianship Papers _____Trust Documents _____Deeds _____Land Grants _____Water Rights _____Mortgages _____Leases _____Bonds _____Loans _____Contracts _____Tax Notices _____Abstracts of Title _____Vehicle Titles _____Bank Statements _____Pass Books _____Checkbook Registers _____Mutual Fund Statements _____IRA Statements _____Stock Certificates _____Canceled Checks _____Bills _____Receipts _____Check Stubs _____Social Security Documents _____Retirement Papers _____Pension Documents _____Income Tax Returns _____Will
Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a legal matter, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can Bankruptcy Help Creditors? Imputed Income for Child Support in Utah via Michael Anderson http://www.ascentlawfirm.com/getting-guardianship-of-your-aging-parent/ Driverless cars, the pinnacle of automotive innovation and the potential future of safe driving, have recently proven to be anything but: according to a study from the University of Michigan’s Transportation Research Institute in Ann Arbor, auto accident rates are twice as high for driverless cars as they are for your average error-prone human driver. With rates like that, any self-driving car owner can expect to pay a number of visits to her lawyer, if the car doesn’t crash itself along the way. SHOULD DRIVERLESS CARS OBEY ALL TRAFFIC LAWS WITHOUT EXCEPTION?What’s causing this auto accident discrepancy? After all, anyone would think human drivers in the kind of rush-hour traffic that backs up miles outside West Jordan, Utah would have a harder time navigating the highway than a cool, calculating robot. The catch? Self-driving cars are programmed to obey all traffic laws, regardless of the situation. So whether it’s merging onto high-speed traffic on the highway or rolling into a four-way intersection in Farmington, a self-driving car makes no concessions. Human drivers, meanwhile, bend the rules of traffic law with abandon. Most drivers are guilty of rolling through the occasional stop sign, speeding through that yellow light or driving “with the flow of traffic” on the highway—even if traffic’s running 15 over the speed limit. Lawyer in UtahAs West Jordan Utah attorneys, we practice in several areas of law including divorce, real estate, bankruptcy, business law, child custody, child support, adoption law and other areas. In the interest of preventing an auto accident and a subsequent trip to the local personal injury lawyer, should self-driving cars bend to the will of human error? It’s a sticky situation, to be sure. If Google programs its cars to disobey traffic laws, the next question is: how much? If self-driving cars start deliberately breaking the law, the search engine giant will be sure to face an onslaught of government and lawyer inquiries. In the meantime, Google is working to program its cars to be more “aggressive” while still adhering to all traffic laws. Driving is a complex social practice, whether you’re driving on the interstate or around the shops of downtown West Jordan. For driverless cars, the game is still very much a human one, law breaking and all. NEW BILL PASSES REMOVING ALL PROTECTIONS AGAINST CONTAMINATED WATERIn order to survive, it’s widely assumed that food, shelter, clothing and water are needed. Regardless of whether you’re currently taking up residence in West Jordan, Utah or another location in our beautiful home state, more than likely, the basic necessities of life aren’t hard to come by. That being said, even with fresh running water being made readily available to most Americans, water contamination still occurs. For example, in the United States, coal is often burned to produce enough electricity to keep cities up and running. However, when such a practice takes place, ash is produced as waste. Said ash, unfortunately, can potentially makes its way as a toxic substance into precious municipal water sources, causing incidents of wrongful death to come about. In such a situation, a lawyer might very well be needed. Recently, as a way of addressing such terrible happenings, the Federal Government inefficiently took action and passed a bill that eliminates many of the actual laws that regulate the containment and monitoring of coal ash. Furthermore, the approved bill also gives states the responsibility of overseeing the processes of coal ash maintenance and disposal. Even worse, the bill mentions nothing of how close coal ash containment locations can be to public water sources. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Can Bankruptcy Help Creditors? Imputed Income for Child Support in Utah via Michael Anderson http://www.ascentlawfirm.com/west-jordan-lawyer/ |
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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