While divorce can cause a myriad of emotional and psychological effects on a family, it can also become a large financial burden. When either party takes the painful emotions associated with the end of a marriage into divorce proceedings, wasted time and additional costs are often the consequences. The best way to save money on your divorce is to avoid divorce court. When you consider court costs, additional attorney fees, and costs that will be connected to any real estate division, a mutual settlement – mediated by a divorce lawyer is the most economical option. A quality divorce attorney knows that court proceedings will cost their clients money and will work to help families solve differences and work towards an agreeable settlement. Keep in mind that maintaining a working relationship with your ex can be of benefit to settle property division matters and arrange child visitation schedules without a lawyer – to save both parties in costs, time, and additional stress. Utah Divorce Lawyer Free ConsultationWhen you are ready to file for Divorce 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 Do Attorneys Charge To Probate A Will? Is Probate Necessary If There Is A Will? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officeh via Michael Anderson https://www.ascentlawfirm.com/utah-divorce-attorneys/
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Court Disposition Of Child Upon Termination—Post-termination Reunification1. As used in this section, “relative” means: 3. Subject to the requirements of Subsections (4) and (5), all adoptable children placed in the custody of the division shall be placed for adoption. Final Determination And Best Interests Of The ChildIn the simplest terms, a disposition is a court’s final determination in a criminal charge. On a criminal background report, disposition may refer to the current status of an arrest or the final outcome of an interaction with the court in relation to a criminal matter. For example, was the person tried in court and found guilty, not guilty, or was the case dismissed? When running a criminal background check on a candidate you’re considering for a job, dispositions give you a high-level view of any convictions, non-convictions, and pending cases that may be relevant to the position. • Deferred Adjudication or Diversion: A court has deferred judgment, typically as part of a plea agreement, to give the defendant the chance to meet requirements such as drug and alcohol treatment, probation, or community service, in order to have their case reconsidered and possibly dismissed. • Acquitted: The person has been found not guilty. As for the difference between being acquitted vs. not guilty, the terms acquitted and not guilty are often used interchangeably. Being found not guilty is not a determination of innocence. A person may be found not guilty because there was not enough evidence for a conviction. An acquittal may also happen when a judge or appeals court decides there is not enough evidence to go to trial. • Charges Dismissed: A prosecutor or judge has dropped charges against the person the case did not move forward. • No Charges Filed: The person has been accused or arrested for a crime but a prosecutor has decided they will not move forward with a case. • Sentence Vacated: A guilty plea or guilty verdict has been set aside. When a sentence is vacated, the guilty verdict is erased as if the person had never been convicted of the crime. • Pending: The case against this person is ongoing. They are still under investigation or subject to prosecution. • Suspended Sentence: The person’s sentencing has been delayed, often because they have been offered a chance to complete probation, community service, or a treatment program. SentencingSentencing is the legal consequence of a conviction. To understand the difference between disposition vs. sentencing, think of disposition as the indication of a crime (or the absence of it) and sentencing as the punishment. Sentencing doesn’t apply to every disposition: Clearly, if a case is acquitted or dismissed and the person is not found guilty sentencing does not apply. As far as what shows up on a criminal background check, sentencing information may not be clear at first glance. In some cases, a report will clearly show the sentence date and term. In others, you may not see the sentence given. However, using the date of disposition, you should be able to review a candidate’s history of incarceration and match the sentence to the disposition and offense. A criminal background check will also reveal any pending cases. Keep in mind that the disposition will change in a pending case if the person is convicted or acquitted in the future and a final disposition is made. The same applies to dispositions with suspended or delayed sentencing. If the person fails to comply with the terms of their probation or treatment program, for example, they may be subject to sentencing in the future. For prospective employers, the information revealed in dispositions may have a significant impact on hiring decisions. If a report shows that a candidate has a serious conviction or even multiple convictions the perceived risk in hiring them may rise substantially. Additionally, the outcome of a pending disposition could affect a candidate’s ability to do a job in the future. It’s important to note that criminal records and their resulting dispositions may only appear on a candidate’s criminal background check report for a limited time. While felonies and misdemeanors may continue showing up on a person’s record permanently in some states, other states limit this reporting to seven years for felonies, and five or seven years for misdemeanors. Infractions are limited to seven years under federal law. Depending on the types of searches ordered, a criminal background report may contain results from national, federal, state and county databases. It’s a common misconception that a non-conviction means that a person will not have a criminal record on their background check report. A non-conviction in relation to a criminal matter in the court will always result in a criminal record and may appear on a background check for up to seven years; however, the disposition, or outcome of interaction with the court, is what’s important to understand. Business DispositionBusinesses also dispose of assets, and very often, of entire business segments or units. This is commonly known as divestiture and can be done through a spinoff, split-up, or split-off. The Securities and Exchange Commission (SEC) has very specific guidelines on how these dispositions must be reported and handled. If the disposition is not reported in the financial statements of a company, then pro forma financial statements are required if the disposition meets the requirements of a significance test. “Significance” is determined by either an income test or an investment test. An investment test measures the investment value in the unit being disposed of compared to total assets. If the amount is more than 10% as of the most recent fiscal year-end, then it is considered significant. The income test measures if the “equity in the income from continuing operations before taxes, extraordinary items, and cumulative effects of changes in accounting principles” is 10% or more of such income of the most recent fiscal year-end.1 In certain situations, the threshold level can be increased to 20%. The Disposition EffectBehavioral economics also has something to say about one’s propensity to sell a winning vs. losing position based on the concept of loss aversion. The “disposition effect” is a term that describes investor behavior in which they have a tendency to sell winning investments too early before realizing all potential gains while holding on to losing investments for longer than they should, hoping that the investments will turn around and generate a profit. Reinstatement of Parental Rights After TerminationDepending on where you live, you may be able to have your parental rights reinstated after they have been terminated by a court. While all states have provisions in the law for the termination of parental rights, most states do not allow for the reinstatement of these rights. But even in states that allow reinstatement, parents must be able to show an extraordinary improvement in their ability to properly care for a child before a court will grant such a request. Termination and Reinstatement of Parental RightsWhen a court orders the termination of parental rights, the legal relationship between a parent and child ceases to exist. It is very rare and only occurs in especially serious cases, such as those involving child abuse or severe child neglect. And even though a parent may petition the court to voluntarily give up his or her parental rights, the main consideration is always the child’s best interests. Laws allowing reinstatement were drafted generally in response to older children who were aging out of foster care and wanted to re-establish family ties. Since this process is handled in state courts, the laws and procedures vary from one state to the next. At least nine states have laws allowing for reinstatement following termination of parental rights, including. Usually, reinstatement is available only on the condition that the child has not been permanently placed with a foster home within a given period of time. In states where this is available, a parent must file a petition with the court that originally terminated his or her parental rights. The court will determine whether the parent is fit to provide a safe and nurturing home for the child. Most states that allow for the reinstatement of parental rights require “clear and convincing” evidence that the parent is fit to care for their child. Some states’ laws have a much lower standard of proof (“preponderance of the evidence”) (like Nevada), while other states law even allows hearsay evidence in court proceedings if it is considered relevant, reliable and necessary” to determine a child’s best interests. The qualifications for petitioning the court for reinstatement also vary from state to state. For instance, Alaska law restricts this remedy to only those who voluntarily relinquished their parental rights; Louisiana law allows children in foster care over the age of 15 to petition for reinstatement of their parents’ rights; and Washington law doesn’t specify who may or may not petition the court. Get Started on Reinstating Your Parental Rights by Talking to an Attorney Child Custody LawyerWhen you need legal help with reunification, child custody and other areas of family law, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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How Much Do Attorneys Charge To Probate A Will? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-511/ There are over 10 million swimming pools in the United States. According to the Center for Disease Control, there are around 3500 swimming pool-related deaths each and every year. When looking at the numbers it is a wonder that the unfortunate number is relatively low. Perhaps this is due to the safety and caution that is normally taken when people are swimming. Despite our best intentions accidents and even wrongful death can still occur. It is our job as swimming pool injury attorneys to help the families and victims recover during these trying times. What Are The Common Causes Of Swimming Pool Accidents?For most people, it does not take much effort to find a swimming pool for some family fun. The list goes on from private pools, public pools, water parks, recreation centers, indoor and outdoor pools. If the swimming pool is open to the general public laws and regulations require that a certain number of lifeguards must be one duty depending on the size of the pool and the number of swimmers. Whether the pool is public or privately owned, people need to take proper safety precautions and follow Utah’s safety regulations. Swimming pool accidents are quite common and can be seen in the following forms: • Someone slips while walking outside or around the pool area on the collected water. • A person can be injured while using the diving board. • Someone may suffer from drowning or a near-drowning experience. • Brain injuries that can be caused by hitting their head on a hard surface. Legal Representation for Swimming Pool InjuriesIt is a complicated issue to properly determine who is at fault when a swimming pool incident occurs. Our attorneys use their vast experience to break down the situations of a case to help our clients understand where they are in the eyes of the law. Many times injuries and accidents are the results of the unsafe or neglectful behavior of the pool owner. Examples include a pool that is not properly secured or maintained or if small children in a pool are not being supervised. Many pool accidents happen when a swimmer falls, dives, or jumps into the pool and hits another person. A final major cause of injury or even death can arise when a swimmer becomes entangled or trapped in suction drains or other defective pool materials. Common Causes of Swimming Pool Accidents• Horsing around: Pools are meant to be fun, and both kids and adults love to jump in, splash around, and play all kinds of pool games. But you still have to obey certain safety protocols. Kids need to be taught that water can be just as dangerous as it is fun. Far too many people suffer slip and fall injuries around pools because they are running around. And if a pool is too shallow for diving, it is important that there are clear signs warning people not to jump in. • Improper security. To keep small children and others safe, swimming pools must be outfitted with proper fencing or some kind of latched gate or door to prevent anyone from falling in and drowning. Property owners with swimming pools are responsible for providing a safe swimming area for both children and adults. If the property owner of a swimming pool in a house, condo, apartment, hotel, or any other private or public entity fails to create a safe swimming environment, they can be held legally accountable for any injuries or deaths sustained in the swimming pool. Some of the most common causes of swimming pool accidents include diving board accidents, inadequate warning signs or fencing, a lack of supervision, a lack of lifeguards or improperly trained lifeguards, no swimming pool cover, a faulty valve, drain, or another swimming pool component and water that is too shallow. Swimming pool accidents fall under an area of law called premises liability. In Utah, you may have an accident injury claim if the following can be proved: • The property owner or a responsible party for the swimming pool owed you a duty of reasonable care, • The property owner or responsible party for the swimming pool breached this duty through either careless action or careless inaction, • There was an injury to you proximately caused by this breach, and • Defective parts in the pool or around the pool • Missing safety marks that denote shallow versus deep ends of the pool • Malfunctioning or defective diving boards • Inadequate pool maintenance • Inadequate pool lighting • Missing safety equipment • Improperly trained pool staff (or absent pool staff) • Damaged or absent pool ladders How Can I Prevent Pool Accidents?Each year we hear about more and more accidents involving children and pools. In addition to our blog post about preventing pool accidents, we have gathered the below resources for you to consider. The U.S. Consumer Product Safety Commission (CPSC) has created PoolSafety.gov, which is a great resource for families. It provides information about pool standards and regulations in an easily accessible fashion. If you’re considering putting in a residential pool, hot tub, or spa, you may want to take a look at their tips and guidelines for improving safety for both adults and children. Pool Drowning LawsThere are laws in place, at the federal and state level, that intend to prevent wrongful injuries or death and to serve justice when either of those do occur. Utah code provides the “minimum standards for the design, construction, operation, and maintenance of public pools” which does not include: • private pools • public pools built in accordance with the law during the time it was built (unless the executive director or the local health officer deems the pool unsafe) • any body of water larger than 30,000 square feet • pools designed for activities other than swimming, wading, bathing, diving, a water slide splash pool, or children’s water play activities • float tanks While it’s true that Utah law only sets specific guidelines for public pools, caution should be taken with privately owned pools, especially for those with children. Private pool owners who are neglectful of maintaining safety may be found liable for the injuries or death of a child on their properties through the attractive nuisance doctrine. To brush up on the recommended safety standards for privately owned pools, read Safety Barrier Guidelines for Home Pools published by the U.S. Consumer Product Safety Committee (CPSC) or visit our “Pool Drowning Resources” page. The rest of this article will focus on how Utah regulations that relates to pool drowning. Pool Shell Giving Swimmers a way to approximate a pool’s depth is an important step to reducing the risk of drowning. Because of this, the pool shell (or body of the pool) of a public pool must either be white or a light pastel color. In addition, pool shells must be made of materials that are “non-toxic to humans, impervious, and enduring over time.” • Spa pool: ten square feet per bather • Indoor swimming pool: twenty-four square feet per bather • Outdoor swimming pool: twenty square feet per bather • Slide plunge pool: fifty square feet per bather Floor Slope, Walls, and Diving In water that is less than 5 feet, the horizontal slope may not be steeper than 1 to 10 (horizontal to vertical feet). In water that is greater than 5 feet the horizontal slope may not exceed a ratio of 1 to 3. Scuba diving training pools are an exception to both of these requirements. Walls must be vertical and may not have ledges unless approved by the local health officer for a special purpose pool. Seats and benches are allowed, but must not be more than 20 inches below the water line. For diving, the depth of the pool area is determined by the height of the diving platform. When the Platform is not in use, it must be locked, covered or otherwise barred from use. Areas of the pool that do not allow diving must have a sign with “no diving” or the international no diving icon in four inch lettering every 25 feet. Ladders, Recessed Steps, and Stairs Utah code states that “steps or ladders must be provided, and be located in the area of shallowest depth.” If a pool is over 30 feet wide it must have steps or ladders on both of the side walls of the pool. Steps and ladders must be located within 15 feet of the diving-area-end wall. All pools must have two means of entry and exit and, if any of the entries are steps, they must also have handrails. Recessed steps must also have handrails that reach over the edge of the deck. Decks and Walkways Utah code specifies that “A continuous, unobstructed deck at least 5 feet wide must extend completely around the pool.” The deck must be elevated from the water level at a maximum of 19 inches and a minimum of 4 inches. The deck is required to slope away from the pool towards drains that do not return to the pool water. Wooden decks are prohibited (R392-302-13). Fencing all pools must have a fence of at least 6 feet surrounding the complete perimeter of the pool. Utah law specifies that this fence “may not permit a sphere greater than 4 inches” through any part of the fence. The door for the gate must be self-closing, self-latching, and require a key, electronic sensor, or combination to be opened. Lighting, Ventilation, and Electrical Requirements A public pool may not be used during the night unless the local health officer grants an exemption. Swimming is permitted where the parts of the pool—including the deepest parts—and the deck are lit. All electric wiring “must conform with Article 680 of the National Fire Protection Association 70: National Electrical Code 2005 edition” (R392-302-23). To read more about pool drowning accidents, Swimming pools provide an attractive way of enhancing your home and garden. They provide fun for all the family and friends, not to mention health benefits. They also provide a great focal point for garden parties, barbecues and other social gatherings. Do I Need Planning Permission?Planning Permission is not required subject to the following limits and conditions: • No building, enclosure, pool or container forward of the principal elevation fronting a highway. • Buildings are to be single story with a maximum eaves height of 2.5 metres and maximum overall height of 4 metres with a dual pitched roof or 3 metres for any other roof. • Maximum height 2.5 metres within 2 metres of a boundary. • No verandas, balconies or raised platforms. • Maximum 50% coverage of land (i.e. garden) around the original house can be covered by additions or other buildings. • In National Parks, the Broads, Areas of Outstanding Natural Beauty and World Heritage Sites the maximum area to be covered by buildings, enclosures, containers or pools more than 20 metres from the house to be limited to 10 square metres. • On designated land (includes national parks and the Broads, Areas of Outstanding Natural Beauty, conservation areas and World Heritage Sites), buildings, enclosures, containers or pools at the side of properties will require planning permission. • Within the curtilage of listed buildings any outbuilding will require planning permission. It is recommended that you contact the local authorities to ascertain whether you require consent. The rules governing swimming pools apply equally to outbuildings, sheds, greenhouses and garages as well as ponds, sauna cabins, kennels and many other structures incidental to the enjoyment of the dwelling house. Outdoor swimming pools do not generally require planning permission unless you are in an area of outstanding natural beauty, green belt, listed building or a conservation area. If you do come under one of these categories then contact your planning office for advice. Indoor swimming pools will be subject to planning and building control applications. This includes new builds and change of use etc. It is advisable for all indoor or commercial pools to commission an architect to prepare a basic set of drawings for an outline planning application. This will not only facilitate the planning and building control applications process but will allow the main contractor and/or the swimming pool contractor to provide estimates and a specification for the enclosure, the swimming pool and the plant equipment required in the pool area. Swimming Pool Accident LawyerWhen you need legal help with a swimming pool accident 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 Do Attorneys Charge To Probate A Will? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-swimming-pool-accidents/ The truth is that the cost depends on several factors. Is the will valid? Is someone going to contest the will? How many people are heirs? Do we have addresses and contact information for all parties, creditors, heirs? Are there assets we need to hunt down? Is there a house? How bad is the condition of the house? All these things play a role in the cost of a probate. It can range from a few thousand dollars to tens of thousands of dollars – it can take a few months or a few years. The facts of your specific case matter. Let’s talk about your case – call Ascent Law for a free consultation so we can go over the facts of your case and determine what the charge will be to probate the will. 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. Duties of a Probate LawyersAll the steps involved in probating an estate depend on the probate laws where the decedent lived at the time of death, as well as any other states where the decedent might have owned property. The steps required for settling an estate will differ based on whether the decedent died testate with a valid last will and testament or intestate, without leaving a valid will or other estate plan. A probate lawyer will be well-versed in both situations. A probate lawyer can also be hired to advise beneficiaries of an estate on legal and other matters presented by the personal representative during the course of the probate process. This can become necessary when the beneficiary doesn’t get along with or trust the personal representative. Some probate lawyers specialize in separate lawsuits related to the decedent’s estate. This might happen when a beneficiary challenges the validity of the decedent’s last will and testament through a will contest. These types of attorneys are known as estate litigators, probate litigators, or estate and trust litigators. Additionally, a probate attorney may be responsible for performing any of the following tasks when advising an executor/administrator: • Collecting and managing life insurance proceeds • Getting the decedent’s property appraised • Finding and securing all of the decedent’s assets • Advising on how to pay the decedent’s bills and settle debt • Preparing/filing documents as required by a probate court • Managing the estate’s checkbook • Determining whether any estate taxes are owed • Does your state have a relatively easy probate process? • Do the family members that are in the will get along with each other? • Is the money in the estate sufficient to pay debts? • What type of property is in the estate? • Can the estate be distributed without probate? How Much Do Probate Lawyers Typically Charge?Probate attorneys typically use one of three methods to charge their clients: • Fees based on hourly services • Flat fees • Payments based on a percentage of the estate’s value The exact amount of fees will depend on the attorney’s experience and other factors like where the attorney practices. What Questions Should You Ask a Probate Lawyer?If you decide to retain an attorney for a probate case, you should consider asking the following questions. • Do they specialize in probate law? (Ask if they have handled a case like yours before.) • How does the lawyer intend to charge you? • How does the lawyer intend to handle your case? • What is the process involved in your specific case? • Will the lawyer personally handle your case? The Probate ProcessWhen it comes to administering a decedent’s estate, the process commonly referred to as “probate,” many people fear it is daunting and complicated, but it can actually be as simple as four steps. 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. If you find yourself trying to navigate the probate process, follow these simple steps: • File A Petition And Give Notice To Heirs And Beneficiaries: The probate process begins with the filing of the petition with the probate court to either admit the will to probate and appoint the executor or if there is no will, appoint an administrator of the estate. Generally, notice of the court hearing regarding the petition must be provided to all of the decedent’s heirs and beneficiaries. If an heir or beneficiary objects to the petition, they have the opportunity to do so in court. Also, generally, notice of the hearing is published in a local newspaper. This is to attempt to notify others, such as unknown creditors of the decedent, of the beginning of the proceeding. • Following Appointment by the Court. The personal representative must give notice to all known creditors of the estate and take an inventory of the estate property. The personal representative then gives written notice to all creditors of the estate based upon state law; any creditor who wishes to make a claim on assets of the estate must do so within a limited period of time (which also varies by state). An inventory of all of decedent’s probate property, including real property, stocks, bonds, business interests, among other assets, is taken. In some states, a court appointed appraiser values the assets. When necessary, an independent appraiser is hired by the estate to appraise non-cash assets. • All Estate and Funeral Expenses, Debts and Taxes Must Be Paid from the Estate: The personal representative must determine which creditor’s claims are legitimate and pay those and other final bills from the estate. In some instances, the personal representative is permitted to sell estate assets to satisfy the decedent’s obligations. • Legal title in property is transferred according to the will or under the laws of intestacy (if the decedent did not have a will). Following the waiting period to allow creditors to file claims against the estate, and all approved claims and bills are paid, generally, the personal representative petitions the court for the authority to transfer the remaining assets to beneficiaries as directed in the decedent’s last will and testament or, if there is no will, according to state intestate succession laws. If the will calls for the creation of a trust for the benefit of a minor, spouse or incapacitated family member, money is then transferred to the trustee. Unless the beneficiaries of the estate waive the requirement as allowed under some state laws, the petition may include an accounting of how the assets were managed during the probate process. Once the petition is granted, the personal representative may draw up new deeds for property, transfer stock, liquidate assets and transfer property to the appropriate recipients. A properly drafted will, updated regularly to account for life changes, organized records of debts, personal property and other assets simplifies the probate process. The easier it is for your personal representative to trace your steps after you’re gone, the easier the process. Ways to Pay for Probate• Paying with Your Own Cash: Although probate may costs thousands (if not tens of thousands), some may have that money available. If you’re in position to fund the probate on your own, that is most straightforward route to beginning the estate case. • Distribution of Estate Proceeds: Attorneys frequently are willing to front the entirety of probate costs if they are confident they will be repaid upon closing the estate. Of course, this is a “leap of faith” on the part of the attorney that there will be moneys left over after all creditors have been paid, and so legal fees are higher in this arrangement. The attorney has incentive to pay for the probate because otherwise they will get no attorney fees whatsoever. It’s a “win win” for you and the lawyer. • Percentage of An Estate: Some attorneys will take on a probate case in return for a percentage of estate proceeds. This arrangement usually applies on “high value” complicated estates where an experienced attorney is absolutely necessary. However financially speaking it is not beneficial for the estate. A percentage of estate proceeds in most cases add up to much more than regular legal fees. There are a few different ways to distribute a decedent’s estate that does not involve the probate process. Some of these include: • Joint Tenancy: This is a type of property ownership in which two or more people own part of a property. When a joint tenant dies, the remaining joint tenants inherit the decedent’s share of the property, as opposed to the decedent’s heirs inheriting the share. Joint tenancy is typically associated with the legal co-ownership of a home, car, or bank account. The property’s co-owner automatically receives full ownership of the asset without having to first go through the probate process in order to pass the title. There are specific conditions that must be met for joint tenancy to exist; • Life Insurance Policies: Life insurance policies in which a person pays a premium each year and names a beneficiary may circumvent the probate process. The named beneficiary automatically receives the life insurance policy benefits and payout when the policyholder dies; and • Trusts: Trusts involve transferring the legal title of an asset to a trustee. When the estate owner dies, the named trustee is bound to distribute the decedent’s property according to the terms of the trust. Pros and Cons of Avoiding the Probate ProcessThe main advantage to avoiding probate is cost. Probate costs generally include attorney’s fees, and can be costly, especially if the decedent owns property in a different state. This is due to the fact that probate proceedings would be required in both states, although a trust would likely correct this problem. Trusts can also be tailored to meet specific requests, which is not necessarily true of the probate process. Because the execution of a trust is much less formal than that of a will, the terms of a trust can easily be changed to suit the needs of the estate. Another advantage to avoiding the probate process is that the process can be complicated, as well as time consuming. Probate can take up to several years to completely resolve all matters related to the decedent’s estate. Avoiding the process can help settle things more quickly. Another advantage to avoiding the probate process is privacy. Wills and probate proceedings are matters of public record. If you would prefer to keep your affairs private, and that people not involved do not know how your estate was distributed, you will need to distribute your estate through a trust or some other estate planning mechanism. There are some disadvantages to avoiding probate that you should consider. In general, it costs slightly more to create and fund a trust than it does to create a will. However, as previously mentioned, it could save money in the long run by avoiding paying probate costs out of the estate. Additionally, in order to completely avoid the probate process, you must carefully place all new assets you obtain into the trust. Otherwise, probate may still be necessary. Finally, taxes can be a bit higher for the first years after your death if the estate is distributed through a trust, as opposed to a will. As with any estate planning, you should consult with a skilled and knowledgeable probate attorney. An experienced probate attorney can ensure you understand your state’s laws regarding probate and estate distribution, as well as advise you of your best estate planning options. Additionally, an estate attorney can also advise you regarding the best possible estate plan suited for your needs and the size of your estate. Finally, an attorney can represent you in court, should any dispute arise. Probate Lawyer CostsWhen 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
Ascent Law LLC
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How To Save Your Home With Bankruptcy Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-much-do-attorneys-charge-to-probate-a-will/ Specific Considerations Where A Child Has Been Placed In Foster HomeThe court shall also consider, but is not limited to, the following: If a child is in the custody of the division and has been placed and resides in a foster home and the division institutes proceedings under this part regarding the child, with an ultimate goal of having the child’s foster parent or parents adopt him, the court shall consider whether the child has become integrated into the foster family to the extent that his familial identity is with that family, and whether the foster family is able and willing permanently to treat the child as a member of the family. 1. the love, affection, and other emotional ties existing between the child and the parents, and the child’s ties with the foster family; 2. the capacity and disposition of the child’s parents from whom the child was removed as compared with that of the foster family to give the child love, affection, and guidance and to continue the education of the child; 3. the length of time the child has lived in a stable, satisfactory foster home and the desirability of his continuing to live in that environment; 4. the permanence as a family unit of the foster family; and 5. any other factor considered by the court to be relevant to a particular placement of a child. If you are considering adopting a child from foster care, congratulations! You are taking the first step to giving a permanent home to a child desperately in need of one. By choosing to consider or pursue the foster-to-adopt process in Utah, you can quickly add a child and all the joy and love they bring into your family. However, like any hopeful parent considering any kind of adoption process, you need to fully understand how to adopt from foster care in Utah before beginning this process. After all, the foster care adoption process is not right for everyone. You’ll want to evaluate your personal goals and adoption. Steps You Can Expect When You Start This JourneyDecide that Foster Care Adoption is Right for You. The first step in every adoption process, including the process of adoption through foster care, is determining that it is truly the right path for you. Not every adoption process is right for everyone. You’ll need to evaluate your own goals and preferences and compare them to each adoption path to find the one that works best. How do you know if the foster adoption process in Utah is right for you? We encourage you to reach out to our professionals to discuss your personal situation, but there are a few common reasons why people choose this specific process: • They want to adopt a child quickly. • They want a more affordable adoption process. • They want to provide a loving and supportive home to the children most in need. Before deciding on the foster care to adoption process, you might also consider your other two options: private domestic infant adoption and international adoption. Our agency provides all of these services, which means we can discuss all of your adoption options when you contact us. Meet All of the Requirements for the Foster-to-Adopt ProcessWhen you ready to start the foster adoption process in Utah, contact our adoption specialists. They can guide you through the rest of your steps until finalization is achieved. You must meet certain standards before starting the foster adoption matching process. All hopeful parents must complete an adoption home study, which is an investigation that determines whether a family is prepared and suitable to provide a safe and welcoming home to an adoptee. In addition to one or more in-home visits, you must complete certain training classes, paperwork, individual interviews and more. Your home study investigation will approve you to adopt children of certain backgrounds. During this stage, you will work closely with your caseworker to create an ideal child profile, known as a child desired form. Wait for Your Specialist to Find an Adoption Opportunity.Once your home study is approved and you have identified your ideal adoption opportunity, your foster child adoption process will continue with the most crucial step: finding the right waiting child. Your social worker will search through photo-listings of children waiting in the Utah foster system. Remember, you will never be forced to accept any placement unless you believe it is right for your family. Your social worker will coordinate with you to find the right child for your family. Submit an Adoption InquiryIf you are interested in a potential adoption opportunity that has been presented to you, your social worker will submit an inquiry to the appropriate county social worker. That social worker will decide whether your family will be a good fit for that child, based on your application materials and home study information. During this step of the foster care adoption process in Utah, an additional disclosure meeting will be scheduled to learn more facts about the child. If you wish to proceed after that disclosure meeting, your social worker will organize in-person meetings and visits with the child to help you get to know each other before you commit to accepting the placement. Finalize Your AdoptionYour adoption can only be finalized a minimum of six months after placement and after the birth parents’ rights have been terminated. However, in most foster care cases, this takes at least 12-18 months from the time of placement, and can be longer if either parent files an appeal. When you do reach the stage of finalizing the adoption, in-house legal staff will prepare and file your finalization paperwork, at no extra cost to you, so that you do not have to pay for private legal representation. Benefits of Being a Foster ParentIt’s true: fostering can provide a life-changing experience for the foster child. Welcomed into warm and loving homes, they are met with a safe and stable environment to grow and even thrive. But what about the benefits for the foster parents themselves? Opening their hearts and homes means so much for the children involved, but it can also be a transformational time for the caregivers. 1. Children in the foster care system have often experienced a trauma or hardship. Fostering gives parents the opportunity to provide a safe haven and support system for the children who need it most. You will be able to provide them with a consistent living environment that will give them the chance to work through difficulties and try to overcome obstacles. Helping during this trying and transitional period in their lives can be incredibly rewarding and fulfilling for the parents involved. 2. As a foster parent, you are not just providing love and care, but you are meeting a need. You are making a positive contribution to your community, taking care of a child who has been displaced from their home and needs a supportive caregiver. 3. If you are already married and with kids, fostering a child can create a strong bond through a shared goal and experience. Working together as a family to welcome in a new addition will be extremely rewarding, and gives you the chance for everyone to build new, important relationships. You will also have the chance to create a strong bond with the foster child themselves a bond that will last long after the child leaves your home. 4. And whether you have kids or don’t, adding a foster child to your family will enhance your life in new ways. Growing in your capacity to love and care for a child will bring new meaning to your life. 5. When you foster, you’ll learn a lot. Foster parents are required to take free classes and trainings to ensure they are well-equipped and prepared. These trainings will not help you become a better parent and caregiver, but will also make you more aware of the foster system and its needs, locally and beyond. You’ll also surely learn new skills that are transferable to other areas of your life, including intangibles like patience, compassion, and empathy. 6. Fostering a child can create a positive ripple effect. Those in your circle and community might be inspired but what you are doing and want to do the same. If they aren’t able to foster a child directly, it might entice them to help out the foster care system in another way. 7. If you are interested in adopting, the US Department of Health and Human Services has reported that fostering can provide a quicker route to adoption than other means. 8. Although financial gains or rewards should never be at the top of the list for any foster parent, fostering does offer monetary allowances for your service and to ensure the proper care of the child. Substantial tax credits are also provided for foster parents. Can I Claim My Foster Child On My Taxes? – QualificationsIn order to answer your question about claiming your foster child on your taxes, there are a few questions you must answer first. Does your child meet the Internal Revenue Services’ (IRS) definition of a foster child? According to the IRS, a foster child is someone who is “placed with you by judgment, court order or an authorized placement agency (state or local government organization).” Is she under the age of 17 by the end of the tax year? Has she lived with you for at least 6 months of the specified tax year? You reflect on your journey as a family for the last 6 months and remember the first family trip that she went on – Walt Disney World. You beam inside as you recall how bright her smile was as she took a ride on the Tea Cups, bonded with the Disney family, and, more importantly, connected with your own. She isn’t old enough to work yet, so you don’t have to worry about her filing a joint return. If she were though, filing a joint return would not be an option if you want to claim her for tax purposes. Her board payment is not considered income she has brought in, so she has not provided more than half of her support for the tax year. Those are considered reimbursements by the state and have no effect on eligibility – so that’s good news. Family Law AttorneyWhen you need a family law attorney 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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How To Save Your Home With Bankruptcy Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-510/ Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special legal issues and problems not present in other transactions. A real estate lawyer is trained to handle these problems and has the most experience to deal with them. Making a PurchaseIn the typical home purchase, the seller enters into a contract with a real estate agent, usually in writing. When the broker finds a potential buyer, they conduct the negotiations and most often act as an intermediary (the go-between). Once an informal agreement is reached, the buyer and seller enter into a formal written contract for the sale of the new home. This is known as the purchase agreement. The home buying process then follows the following steps: The process seems simple, but without a lawyer, the consequences may be more disastrous than purchasing a car that turns out to be a lemon or a stock investment that was unwise. Avoid Vague or Unclear Terms In Your Real Estate ContractA lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations. In the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or they may be forced to pay more than one brokerage commission. If the agreement allows the seller the right to negotiate on their own behalf, however, you may avoid this potential problem. It is thus recommended that the seller have the advice and guidance of an attorney with respect to a brokerage agreement. Even if the agreement is a standard form, its terms should be explained to the seller and revised, if necessary. Consider a Real Estate Lawyer ConsultationEven if a lawyer is not needed during the course of negotiations, both the buyer and seller may want to consult with a lawyer to answer important legal questions, such as the tax consequences of the real estate transaction. The tax consequences may be of critical importance to a home seller. For example, the income tax consequences of a sale, particularly if the seller makes a large profit, may be considerable. An attorney can advise whether the seller can take advantage of tax provisions allowing for exclusion of capital gains in certain circumstances. Real Estate Purchase AgreementsThe purchase agreement is the single most important document in the transaction. Although standard printed forms are useful, a lawyer is helpful in explaining the forms and making changes and additions to reflect the home buyer’s and the seller’s desires. There are many issues that may need to be addressed in the purchase agreement, such as: Is the closing conditioned upon the buyer obtaining financing?Most buyers finance a substantial portion of the purchase price for a home with a mortgage loan from a lending institution. The purchase agreement should contain a carefully worded provision that is subject to the buyer obtaining a commitment for financing. Real Estate Title SearchAfter the purchase agreement is signed, it is necessary to establish the state of the seller’s title to the property to satisfy the buyer and the financial institution. Generally, a title search is ordered from an abstract or title insurance company. In some states, title insurance is not typical. In these cases, an attorney is essential to review the status of title and give an opinion of title in lieu of a title policy. Assuming you are in an area where title insurance is customary, an attorney can help review the title search and explain the title exceptions as to what is not insured. They will also determine whether the legal description is correct and whether there are problems with adjoining owners or prior owners. In addition, an attorney can explain the effect of easements and agreements or restrictions imposed by a prior owner, and whether there are any legal restrictions which will undermine your ability to sell the property. The title search does not tell the buyer or seller anything about existing and prospective zoning. A lawyer can explain whether zoning prohibits a two-family home, or whether planned improvements violate zoning ordinances. Real Estate Title ClosingThe closing is the most important event in the purchase and sale transaction. The deed and other closing papers must be prepared. At the closing, title passes from seller to buyer, who pays the balance of the purchase price. Frequently, this balance is paid in part from the proceeds of a mortgage loan. A closing statement should be prepared prior to the closing indicating the debits and credits to the buyer and seller. An attorney, here, becomes helpful in explaining the nature, amount, and fairness of closing costs. Once the deed and other closing documents are signed, an attorney can make sure that these documents are appropriately executed and explained to everyone. Importance of Having a Lawyer During ClosingThe closing process can be confusing and complex to the buyer and seller. Those present at the closing often include the buyer and seller, their respective attorneys, the title closer (representative of the title company), an attorney for any lending institution, and the real estate broker. There may also be last-minute disputes about delivering possession and personal property or the adjustment of various costs, such as fuel and taxes. If you are the only person there without a lawyer, your rights may be at risk. A broker generally serves the seller, and the lender is obtained by the buyer. Both want to see the deal go through since that is how they will get paid. However, neither can provide legal counsel. If you want peace of mind when making one of the biggest purchases of your lifetime, you should consider speaking with an experienced real estate attorney. Military Attorney and LawyersA military lawyer’s job is similar to a civilian lawyer in their day-to-day duties. Representing clientele under jurisdiction of military courts and law is the primary difference. The military attorney works exclusively with military personnel and may represent them in civil and criminal cases. Each Military lawyer may work within any branch of the Navy, Army, Marines, or Air force even though each branch has their own Judge Advocate Generals (also known as JAGs). Military personnel may contact any military legal assistance office if they need legal representation. A Jag practices law in a Military court including court-martial, military review, Military Court of Inquiry, and the U.S. Court of Appeals for the Armed Forces. A Jag will go through the same educational process of a civilian lawyer. Military attorneys will need to know general law as well as military law. They can either become a JAG after entering the military, or they may enter the military with the JAG requirements completed. The role of a military attorney is as broad as that of a civilian attorney. They will participate in matters of both civil and criminal nature. One of the primary differences of a military court is the military tribunal that deals with enemies during wartime. Some of the roles of the military lawyer include: A military attorney must possess an excellent understanding of all parts of civil and military law. Their advice and actions not only affect individuals, it may also reflect on their branch of service and the United States Government. They must be able to work under pressure while maintaining a cool decorum. They will need to have excellent communication skills both in the courtroom and out. Their ability to represent a broad range of clientele, from a young enlisted soldier to a high-ranking commander, requires they are comfortable communicating across the ranks. Examples of Cases for Military LawyersThe military court, while similar to civilian court, also differs. Therefore, the cases that a military lawyer participates in may be different. A few examples are: Military Real Estate Lawyer Free ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Shoplifting And Theft Attorney Can I File A New Bankruptcy Case? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/military-real-estate-lawyer/ In a nutshell, tourism law refers to either general government regulations or specific travel and hospitality industry laws. According to the United Nations’ World Tourism Organization (UNWTO), the purpose of travel legislation is to provide a regulatory framework for the proper development and management of tourism activities. Ideally, this will aid in the conservation of natural resources and the preservation of cultural traditions. As an added benefit, travel consumers and organizations receive basic legal protection. However, creating and enforcing tourism laws is notably lax around the world. Certain developing countries have not only a weak travel infrastructure, but offer zero resources or protection to non-local visitors. Understandably, popular countries also struggle to monitor and enforce laws to protect tourists because of the sheer number of visitors and unscrupulous business people who target tourists. Tourism laws refer to a combination of state, federal and international laws that regulate various aspects and functions of the travel industry. For instance, travel law may involve anything from hospitality to employment to public health regulations. In Utah, there are a few prominent legal regulations, such as seller of travel laws. To explain, a seller of travel law means that the state requires anyone who provides travel related services to register with the government. They will be required to display their registration number on their advertising. Consequently, travel consumers in these states are guaranteed a minimum level of recourse if they are the victims of fraud or exploitation. Even though almost all other states do not have official travel regulation agencies, most states have some sort of lax financial security registrations, such as posting bonds with the government. National airline travel has become more scrutinized because of security concerns and airline companies are streamlining operations and cutting back services. Traveling by air can be a frustrating and time consuming process. However, there are basic airline passenger bill of rights laws that regulate how passengers are treated by airline companies. The most common legislation type is a statute that sets standards for unique travel situations, such as when passengers are stuck in a delayed plane or waiting in an airport for a delayed flight. Some states do not require, but ask that travel agents inform their clients of certain restrictions or public health problems. Many states expect that travel agents will share State Department travel warnings with their clients. Other states have enacted local laws and opened free tourist centers to increase incoming tourism. The Rights of Consumers in TourismWe can say that the transactions made by served people in tourism sector get into the category of procedure of consumers which is defined as “ Every kind of agreement or legal process, including work transportation, jobbing, insurance, deputation, banking and similar agreements, established between consumers and natural or legal persons, including also legal persons of public, who act for commercial and professional purposes or on behalf of its name or its account in goods and services market.” Moreover, as tourism is similar to the trade in many aspects and since consumer is defined as natural we can conclude that tourist, which is the name we gave for the served person in tourism, can be evaluated as consumer. As a result of this, we can say that people, whom we call as tourists, also have the rights of consumers arranged elaborately in the law being talked about and they can require protection in accordance with the provisions of protection of these rights in the case of any of violations. Also, there can be composed a useful source in the way of applying to legal methods by applying to professional institutions which are composed by people that are at the position of serving in tourism sector and by taking views related to the this sector. The AdvantagesFor developing countries, the advantages of tourism tend to be primarily monetary. A large scale tourism industry prevents larger, more harmful businesses from working off the land. Small tourist companies that reign on the land stops large capitalistic corporations from polluting the air or gentrifying people’s homes. The tourism industry encompasses many different travel areas, which allows the majority of a country’s population to be employed. These employment places include hotels, car rental agencies, restaurants, tour companies, souvenir shops, and equipment shops, among others. Profit earned from tourism can be reinvested into the country for better infrastructure, education, funding conservation efforts and creating more responsible ways of touring. Without tourism, many countries would not have the same level of access to education and infrastructure. Moreover, tourism allows hosts and visitors to share cultures and meet diverse groups of people. Through respectful interactions, a broader view of the world from both parties can be achieved. By reinvesting the money earned back into the country, tourism and its attractions can grow, creating a positive cycle for the country. The DisadvantagesWith the way the tourism industry is currently run, the disadvantages of tourism may greatly outweigh the advantages in a country. The first factor to take into consideration is environmental damage. When a country has a high tourist attraction, the number of people occupying a space increases immensely. As a result, the release of carbon monoxide gases can increase due to plane and car use affecting the country’s environment. Many countries with ancient ruins or natural attractions are also in danger of destruction or erosion with significant foot traffic and human interaction. Additionally, flora and fauna can decrease in areas or change their growth and migration patterns when there is an overflow of humans interacts. Foot traffic and continuous touching can also slowly degrade the stability of ancient structures. One of the advantages breached upon the sharing of cultures. While this is a great interaction of beliefs and customs, it can become destructive to a host country’s culture. One of the ways cultures can be disrespected is through the commercialization of countries’ cultures. When tourism booms, large industries swoop in and sell figures of the cultures’ icons or traditional wear, disrespecting the countries’ indigenous beliefs and can be harmful to the people living there. Moreover, poor behavior from tourists who don’t respect the spoken or unspoken codes of conduct held by indigenous peoples also undermines the sacred beliefs held within the country. Also, for many countries, tourism is a seasonal occurrence. For people that work in the tourism industry, their jobs are only viable for a certain number of months, and after the season has ended, many are left without income. Many of these jobs also lack the benefits that other sector jobs supply. Tourism workers are often left without insurance or pension. Not to mention, foreign businesses tend to overtake the companies present in these countries, forcing small businesses to shut down. As a result, foreign businesses keep the majority of profits from tourism, while local businesses lose their income. This hurts small businesses and local economies. As previously stated, the profit gained from tourism is often reinvested into the industry. However, with unequal infrastructure development, the tourism industry can inadvertently sustain itself without aiding a country’s other vital sectors. As such, many countries end up developing tourism hot spots while the rest of the country suffers. In these countries, there are visible socioeconomic gaps between the wealthy and the poor. Focusing mainly on the tourism industry and places of mass attraction leaves disadvantaged communities at risk of financial instability. Moreover, countries solely invested in tourism are vulnerable to quick economic falls as its working sectors are unevenly balanced. If a natural disaster, political unrest or unprecedented pandemic were to strike, the country would lose a massive income, causing an economic recession that some countries may significantly struggle to bounce back from. The most important step to being a respectful tourist is to be an educated tourist. Understanding and respecting the culture and the people of the country is vital. By not undermining tourism countries’ culture and beliefs, the people living there will be more welcoming to tourists, and cultures can flourish without fear of commercialization. Being environmentally conscious is also important to the survival of these countries. Respecting a country’s land and structures preserve the countries’ beauty and keep the land clean and prepped for further development. Many countries are more environmentally strained, so reducing pollution or your carbon footprint in a foreign country can help ease the strain. Supporting the small and local businesses found in these countries can help keep local communities employed and support the overall economy. As local businesses grow, more people will have the opportunity to be employed outside of the tourism sector, and the economy will be able to grow within itself. Importance of TourismThe tourism industry is important for the benefits it brings and due to its role as a commercial activity that creates demand and growth for many more industries. Tourism not only contributes towards more economic activities but also generates more employment, revenues and plays a significant role in development. Economic ProgressThe tourism industry aids and supports foreign exchange reserves. Source of IncomeTourism is a continual source of income for public & private income. The government charges various forms of tax that is called government revenue. The income generated through these taxes is the public income. The profit earned by a seller, by selling items like local artifacts, handicraft items, etc, to the tourists is called private income. Tourism also helps in employment generation. It created jobs specifically in the hotel industry, hospitality industry, service sector, entertainment, and transportation industry. Development of InfrastructureHave you ever noticed how the look and status of a place change when it is declared a tourist place? Actually, tourism aids and encourages infrastructure development by making way for dams, roads, connectivity, airport improvements, and any other activity that helps a tourist in visiting a place in a much better way! Societal ProgressTourism is a wonderful method for cultural exchange. It also encourages societal progress as tourists learn to show respect, tolerance, and love for each other when they visit new places. Cultural HeritageTourism helps explain the beauty, art, history, and culture of our country. Different people visiting any country take beautiful cultural concepts along with them and spread those concepts to others while visiting other places in the world. Similarly, the local skills, languages, and art get wide exposure through tourism. Educational Significance of TourismTourism has been of great importance for education always. Study tours, short time courses, and educational exchange programs, all these are a part and parcel of International Tourism resulting in better knowledge about host countries. Even sports exchange programs can be considered under this. Civil LitigationLawyers who routinely go to court on behalf of clients are litigators, and many specialize in areas such as personal injury, corporate, tax, etc. The general term “civil litigator” refers to an attorney who represents clients in civil (not criminal) court, either as plaintiff or defendant. The most common kinds of civil litigation involve contract disputes (i.e. alimony, injury, and debt), class action lawsuits (i.e. discrimination), property disputes and complaints filed against a government body. Real EstateReal estate attorneys handle purchase agreements, mortgages, title documents, and transfer documents. They represent individual buyers and sellers, developers, landlords, and tenants. Simply put, the most common scenarios to use a real estate attorney is when you buy or sell real estate. Criminal LawCriminal lawyers are attorneys who defend individuals and organizations against government charges in federal and state courts. Criminal lawyers understand the rules around arrest, arraignment, bail, pleas, proof, and related issues. Some of the most common crimes requiring criminal lawyers include homicide, sexual battery and assault. Criminal law software helps criminal attorneys manage their businesses. Personal InjuryIf you’ve been injured due to the negligence of another person or company, you will want to engage a personal injury lawyer. Even though personal injury attorneys usually work on a contingent fee basis (i.e., no monthly bills to prepare and send), you will find that many are using personal injury case management software to help them better manage their cases, control costs, and increase overall returns. The most common personal injury claims are from car accidents and slip and fall accidents. Medical MalpracticeIf you’ve been hurt by a medical professional, a personal injury lawyer specializing in medical malpractice can help you seek compensation for the harm done. The most common medical malpractice cases include misdiagnosis, inaccurate treatment, and medical negligence. Unpaid medical bills can lead to a medical lien being placed on the victim, which is another very common reason to hire a medical malpractice attorney. Employment LawBoth employees and employers seek out employment lawyers to deal with legal issues related to the workplace. Some of the most common types of cases handled by employment lawyers are contracts, wrongful termination, workplace harassment, retaliation, and workplace discrimination. Workers’ CompensationA mix of employment law and personal injury law, if you’ve been injured on the job, you will be working with a workers’ compensation lawyer. Workers’ compensation lawyers specialize in helping workers navigate the unique laws that apply to people who have been injured on the job. A workers’ compensation lawyer typically has a large number of cases to manage, each with its own deadlines, so look for a firm using a modern cloud-based law firm management system. Family LawA family practice lawyer deals with legal issues related to all types of family situations. Be it a prenuptial agreement, adoption, or divorce, if you are involved in a family law matter, don’t be surprised to find your attorney help you generate accurate pleadings and documents, and communicate effectively with clients. Immigration LawImmigration lawyers help immigrants, and employers seeking to hire them, with legal issues related to the status of immigrants and their families. Immigration lawyers help with visas, green cards, citizenship, and asylum and refugee status. Immigration laws change constantly, so it’s important to consult an experienced attorney in these situations. Case management software for immigration lawyers tracks the dates and deadlines for each of their many files and keeps all of their contacts in one place. Estate PlanningIf you need a will, advanced medical directives, or thoughtful planning about how your assets will be handled when you pass away, you will be working with an estate planning lawyer. Estate planning includes tax aspects for wealthier individuals, but is mainly driven by state law, so be sure to look for a firm that is local. Estate planning lawyers are in demand now, so plan ahead if you are able. Intellectual PropertyIntellectual property attorneys (“IP attorneys”) help companies, artists, and inventors with legal issues concerning copyrights, trademarks, patents, trade secrets and the like. IP attorneys spend a lot of time working with clients to help them avoid infringing upon the rights of others and making sure that their intellectual property is properly protected under the law. Corporate LawCorporate lawyers handle business entity formation, governance and compliance issues. Corporate lawyers also review contracts and give advice related to mergers, acquisitions, and divestitures, financing, and securities laws. Tax LawIf you owe taxes or if you’re being sued by the Internal Revenue Service or a state or local tax agency, a tax lawyer will help you resolve the issues. Future tax planning, tax fraud, tax evasion, and failure to file tax returns are all issues that an experienced tax attorney can tackle. Bankruptcy LawIf you’ve experienced financial setbacks and are unable to pay your debts, a bankruptcy lawyer can help you get debt relief in the form of a repayment plan or a discharge of your debts via bankruptcy. Some of the most common reasons a person seeks out a bankruptcy lawyer are for medical debt, mortgage foreclosure, and credit card debt. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Can An Executor Take Everything? Can Prenups Affect Child Support? How To Save Your Home With Bankruptcy Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/tourism-lawyer/ It’s possible to keep a home when you file for bankruptcy, but the circumstances must be right. You’ll need to be sure that you meet the requirements of the chapter you file. For instance, Chapter 7 filers must be current on payments and protect all home equity with a bankruptcy exemption. By contrast, Chapter 13 filers can catch up on missed mortgage payments and keep the home. Protecting Your Home Equity in Chapter 7 or Chapter 13 BankruptcyStart by determining whether you can protect all of your home equity in bankruptcy. You must complete this critical step in both Chapter 7 and Chapter 13 bankruptcy. In both bankruptcy chapters, you protect an asset with a bankruptcy exemption. Each state has a list of exemptions, so the property type and amount of equity you can protect using state exemptions varies widely. Only a few states let you keep all of your home equity when you file bankruptcy. Most states have a much lower “homestead exemption.” Here’s how the homestead exemption works in Chapter 7 and 13. • Chapter 13 case: Chapter 13 bankruptcy works differently. You won’t be forced to give up any property. Instead, you’ll pay for the nonexempt portion of the equity in your plan. Of course, if you have significant nonexempt equity, this could get expensive. You’ll have to demonstrate that you have enough income to pay all amounts required in your plan. Keeping Your Home in Chapter 7 BankruptcyA Chapter 7 bankruptcy is often more attractive because it’s simpler and gets you on the road to financial stability sooner because you don’t pay into a three- to five-year repayment plan. You’ll be able to keep your house as long as you meet the following criteria: • You’re current on your house payments. • You can protect all of your home equity with a bankruptcy exemption (see above). • You’ll be able to continue making your payments in the future. Chapter 13 bankruptcy can be a better choice to address both those issues so you can keep the home. Chapter 13 might also allow you to get rid of second or third mortgages. Chapter 13 Bankruptcy and Past-Due Mortgage PaymentsIf you’re behind on your mortgage payments and you want to keep the house, Chapter 13 bankruptcy provides a mechanism for helping you get caught up—something that Chapter 7 bankruptcy cannot do. • Propose a repayment plan. In Chapter 13 bankruptcy, you propose a repayment plan that will allow you to pay your creditors over three to five years. You can treat your mortgage arrearage as a separate debt and add it to your payment plan. • Show you have sufficient income. Using the Chapter 13 plan to catch up on your arrearages will only work if you have the income to make both your regular monthly mortgage payment and your plan payment while you’re in bankruptcy. Will the Bankruptcy Trustee Sell My Home?You can keep your home in Chapter 7 bankruptcy if you don’t have any home equity or you’re able to exempt (protect) your equity using the homestead exemption (discussed below). The bankruptcy trustee appointed to administer your matter won’t sell it because, without available equity, there wouldn’t be any money to distribute to your unsecured creditors. But that doesn’t mean you’ll be able to keep the home. You must be current on your monthly payments when you file for bankruptcy (or shortly after that) and must be able to stay current going forward. Otherwise, you’ll risk losing your home through foreclosure. Also, it’s important to realize that as the real estate market recovers, home values can go up quickly. So even though it was rare after the 2008 recession for a Chapter 7 bankruptcy debtor to have enough nonexempt equity in a home to trigger a sale, it’s not necessarily the case in a healthy market. In fact, many debtors might find that in a hot real estate market, home equity rises so quickly that it could exceed allowed exemption amounts in a matter of months. Here’s a system that will help you determine whether the bankruptcy trustee is likely to sell your home. Identify the property.When you file for bankruptcy, you’re allowed to keep (exempt) the equity in certain types of property. The homestead exemption protects a specified amount of equity in your home or permanent place of residence. You can claim the homestead exemption on one piece of residential property only. In most cases, the property must be your primary residence. However, under some state’s exemption schemes, you can use the homestead exemption to protect a residential trailer or burial plot. Determine the amount of your homestead exemption.Each state has a system of bankruptcy exemptions that a bankruptcy filer can use to protect property. Most states have a homestead exemption amount based on dollar value, but some states limit the number of acres you can protect from creditors. The amount of your homestead exemption will depend on several factors, including where and when you bought the home, whether the state in which you’re filing allows you to use the federal exemptions, and whether you’ve moved within the last few years. Here are a few concepts to be aware of: • State homestead exemption. Each state creates its own set of exemptions residents can use to protect property from creditors—and the homestead exemption varies widely amongst the states. Some allow you to protect as little as a few thousand dollars in equity. In another, you can exempt up to $500,000, or even the entire value of the real property. But most states fall between these extremes. • Federal homestead exemption. The federal law also has a list of exemptions. You’ll use this list if you can’t claim state residency (it’s rare, but it happens). Also, some states allow you to choose between the state and the federal exemption system but you must select one list exclusively (no mixing exemptions from each list). • Exemption cap. The bankruptcy code places a limit on the amount of equity you can exempt if you move to another state. This rule prevents people from moving from a state with a small homestead exemption to a state with an unlimited homestead exemption in an attempt to protect more of their assets. However, If you’ve owned a home continuously in the state for at least 40 months, you can exempt the total amount of equity in the property that’s allowed under the exemption. If you sold a home in the state and used the proceeds to purchase another one, the time you owned your old property counts toward the 40 months. If you’ve owned your homestead for fewer than 40 months, you can only exempt a specific dollar amount. • State residency requirements. Another federal bankruptcy code provision that can affect your homestead exemption is the 730-day rule. To use the state or federal exemptions (if the state allows it) you must live in the state for at least 730 days. Otherwise, you apply the exemptions of the state where you lived for the better part of the 180 days immediately before the 730-day period. In other words, you must go back 910 days, then look forward 180 days. You’ll apply the exemptions of the state you predominately lived in during that 180-day period. Is there enough unprotected home equity to trigger a sale?Start with the fair market value of your home and subtract the following: If you end up with a negative number, you don’t have sufficient equity to trigger a sale, which essentially means that the Chapter 7 bankruptcy trustee won’t have an incentive to sell your home. Since there won’t be anything leftover to be used to pay the unsecured creditors, the trustee will abandon the property. If you end up with a positive number, this is the amount of equity that the bankruptcy trustee could use to pay your unsecured creditors. In this case, the Chapter 7 bankruptcy trustee might sell your home, give you the amount of the homestead exemption, pay off mortgage and lien holders, and use the rest to pay off unsecured creditors. Can Chapter 7 Bankruptcy Help with Foreclosure?Chapter 7 bankruptcy might provide temporary relief from foreclosure, but it won’t help you keep the home. It doesn’t have a mechanism to pay off arrears or permanently stop the foreclosure. Here are some options to consider: • Negotiate with your lender before bankruptcy. If you are behind on mortgage payments, you might be able to negotiate with the lender to deal with the shortfall, either informally or through a more formal “mortgage workout” where the lender agrees to renegotiate payments terms by modifying the loan or refinancing. If you go this route, complete the loan modification before you file for bankruptcy. Otherwise, the bankruptcy will likely disrupt any ongoing negotiations. • Consider Chapter 13 bankruptcy. If you’ve fallen behind on your payments but now have enough income to catch up on the mortgage arrearage over time, you can save your home in a Chapter 13 bankruptcy. How does the bankruptcy trustee sell my home?In Chapter 7 bankruptcy, your state law determines how much home equity you can exempt (protect) using a bankruptcy exemption. If your home has significant nonexempt equity (equity you can’t protect), the bankruptcy trustee assigned to your case will: The trustee must go through a few additional hoops too, including: • getting court approval to employ the real estate broker • obtaining a court order authorizing the sale after finding a buyer, and • notifying all creditors and interested parties of the home sale so they have the opportunity to object. The sale could delay the closure of your bankruptcy depending on the real estate market and how long the trustee wants to keep the house listed. For instance, in a down market, it would be unusual for it to take a year or more to sell a vacation home. You’ll still receive your bankruptcy discharge (the order that erases qualifying debt) after three to four months, assuming all proceeds normally. But the bankruptcy case will remain open until the trustee sells the assets or relinquishes them. Dealing With Chapter 7 Lien Disputes When Selling Your HomeRemoving all of the liens from the property and selling it with a clear title can speed up the sales process. A lien lets a lender take the house, sell it at auction, and pay off the mortgage if the purchaser fails to pay the loan. To circumvent the liens, a trustee might get a court order allowing the liens to attach to the sale proceeds. This approach retains the lender’s right to the funds, and if any disputes arise between the various lien holders regarding payment order or the amount, the issues can be sorted out by the court afterward without delaying the sale. If there are no disputes, the trustee pays lien holders and any exemptions you claimed. The remainder is used by the trustee to pay the other creditors in your bankruptcy case. How to Use Chapter 13 Bankruptcy to Help YouChapter 13 bankruptcy allows you to set up a repayment plan to pay off the past-due payments, or “arrearage.” You can propose the length of time for repayment, but keep in mind that you’ll need sufficient income to pay BOTH your past-due payments and your current mortgage payments at the same time. So long as you make all of the required payments for the length of the repayment plan, you will avoid foreclosure and be able to stay in your home. 2nd and 3rd mortgage payments: Chapter 13 can also help eliminate payments on second or third mortgages. Typically, Chapter 13 entitles bankruptcy courts to re-categorize second and third mortgages as unsecured debt. Under Chapter 13, unsecured debt takes last priority and usually does not have to be paid back. This re-categorizing process is possible if your first mortgage is secured by the entire value of your home since this means there is no remaining equity in your home to secure the second and third mortgages. Bankruptcy Lawyer To Stop ForeclosureWhen you need a bankruptcy lawyer to save your home 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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Utah Divorce Lawyers Free Consultation Can An Executor Take Everything? Lawsuits About Real Estate Contracts Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-to-save-your-home-with-bankruptcy/ Specific Considerations Where Child Is Not In Physical Custody Of Parent1. If a child is not in the physical custody of the parent or parents, the court, in determining whether parental rights should be terminated shall consider, but is not limited to, the following: With the goal of serving the child’s own best interests, courts are tasked with deciding which parent is entitled to legal and physical custody, and whether there is room for compromise. Co-parenting is difficult enough when a couple is married and living together, but can be doubly hard when parents are separated. Courts must juggle various factors when making this important decision, but custody orders may always be revisited in court as circumstances change. Sole vs. Joint CustodyWhen we refer to “sole custody,” we are typically referring to a court ordered arrangement wherein one parent has both legal and physical custody of the child. The noncustodial parent may have limited visitation, but likely has been determined to be unfit to parent for a given reason. Most custody arrangements are “joint custody,” which generally refers to a shared legal custody even if only one parent has physical custody. Legal CustodyIf a parent has legal custody of her child, it means she has the court-granted right to make important, long-term life decisions on behalf of the child. This includes choice of schools, religious education, health care, discipline, and other areas of life. Both parents are granted legal custody of their children in the majority of child custody cases, unless one parent is determined to be incapable of making such decisions. When only one parent has legal custody, it is called “sole legal custody.” Even if the noncustodial parent has visitation rights, he or she may not make important long-term decisions involving the child. If both parents have joint legal custody, then intentionally excluding the other parent in the decision-making process may be considered contempt of court. Physical CustodyIf you are divorced and your minor children live with you, then you have physical custody. Most courts tend to award one parent sole physical custody, while the noncustodial parent has visitation rights. Even when it is determined that the child needs to spend time with both parents in order to thrive, courts are increasingly reluctant to award joint physical custody because of the disruptions it causes children. The most common arrangement is one in which one parent has sole physical custody, both parents have legal custody, and the noncustodial parent is granted visitation time. Visitation is usually worked out between the two parents, since it typically involves detailed logistics and may require occasional trade-offs and last-minute changes. A parent with visitation rights usually spends every-other weekend, certain holidays, and summer vacations with their child. Child SupportIn every state, both legal parents are required to support their children, regardless of whether they were married when the child was born. When it comes to supporting a child financially, if parental incomes are unequal or if one parent is shouldering most of the costs of taking care of the child the family law court will order the noncustodial parent to contribute a specified sum of money to the costs of childrearing (called child support), often by referring to published guidelines establishing minimum levels of support. The family law court will retain the right to modify this amount should parental incomes or the needs of the children change. The amount of child support awarded will depend on how much each parent makes and spends on housing, health care, and other necessary child-related expenses, including dental bills and private school tuition. The monthly amount can vary widely, and each state has its own child support guidelines that are set by statute. If support isn’t paid voluntarily, the parent with custody or someone acting on the child’s behalf (such as the welfare department) can sue the noncustodial parent to obtain a court order setting the amount of child support the noncustodial parent must pay. If the father doesn’t pay, but has the ability to do so, the district attorney can prosecute him under criminal laws. County jails are full of fathers who don’t take their support obligations seriously. Legal Rights of Non-legal ParentsWhere only one person in an unmarried couple is the legal parent (for example, you came along after your partner’s child was born and did not adopt the child), the legal situation is very different. In most states, the non-legal parent has few legal rights, and in a few states, none at all. This is usually true even if the non-legal parent has helped raise the child for many years and is a primary giver of care and emotional support. Fortunately, an increasing number of states are beginning to recognize the right of non-legal parents to visit the children they have helped raise; Ohio, Virginia, and Wyoming allow “any interested person” to bring an action for visitation, and Arizona allows visitation to persons who act as parents to a child. A few courts have even awarded custody to the nonlegal parent, especially where that person was the primary caregiver. And when the natural parent is unfit or deceased, it is more likely for courts to give the nonlegal parent a major child-rearing role (and sometimes to prefer the nonlegal parent to grandparents or other blood relatives). Because the law does not fully recognize their relationship with the child, nonlegal parents rarely have any financial obligations to their partner’s children. Parenting Agreements for Children of Unmarried CouplesBecause unmarried couples don’t get divorces, judges and lawyers aren’t necessarily involved in the child raising issues. Unmarried couples can make their own parenting agreements covering child support, custody, and visitation issues, either on their own or with the help of a mediator or family law counselor. If it’s possible, this is the best approach. Be mindful, however, that if the physical or financial well-being of your child is at risk, most courts will not consider themselves bound by your agreement, and may order modifications or additional obligations. Also, if court proceedings are likely, you’re unclear about your rights, or there’s conflict between you and the other parent over key issues involving your child, consult an experienced family law attorney. It’s a good idea to approach your agreement with a spirit of flexibility and openness. Also, no custody, support, or visitation agreement even one ordered by a judge is ever permanently binding. An amount of child support that seems fair and adequate today may not be enough tomorrow. Custody with one parent may work brilliantly for a year and then sour. Your agreement must be a statement of needs and expectations that lay a solid foundation for the changes and additions that will surely come. Included here are examples of two parenting agreements you can use as models to write your own: • •Parenting Agreement (Both Parents Are Legal Parents), and • Parenting Agreement (Only One Parent Is a Legal Parent). Be sure you both date and sign any agreement you reach and each keeps a copy. It’s a good idea to have your signed agreement notarized if you anticipate any future need (in court or arbitration) to prove that the signatures on the agreement are not forged. Factors a Judge May Consider in Deciding CustodyAll states use a “best interest of the child” standard in disputed custody cases. This is a rather amorphous standard, and one that lends itself to judges’ subjective beliefs about what’s best for children. There are some factors, though, that you can expect a judge to consider. • Age of the children: Although the tender years doctrine has long been officially out of fashion, some judges still believe that younger children should live with their mothers, especially if the mother has been the primary caregiver. (Certainly, a nursing baby will do so.) • Each parent’s living situation: Sometimes, the parent who stays in the family home is granted custody of the children because it allows the children stability and continuity in their daily lives. Sometimes, the parent with custody is awarded the family home, for the same reason. If you are crashing in your best friend’s guest room while you get back on your feet after the divorce, don’t expect to get primary custody of your kids. If you truly want to spend a significant amount of time with your children, make sure your living situation reflects that. The proximity of your home to your spouse’s may also factor in to the judge’s decision. The closer you are, the more likely the judge will order a time-sharing plan that gives both parents significant time with the kids. The location of their school and their social and sports activities may also matter. • Each parent’s relationship with the children before the divorce: It sometimes happens that parents who haven’t been much involved with their kids’ lives suddenly develop a strong desire to spend more time with the children once the marriage has ended. In many cases, this desire is sincere, and a judge will respect it, especially if the parent has been dedicated to parenting during the separation period. But the judge will definitely take some time to evaluate a parent’s change of heart and ensure that the custody request isn’t being made primarily to win out over the other parent. • Children’s preferences: If children are old enough usually, older than 12 or so a judge may talk to them to find out their preferences about custody and visitation. Some states require courts to consider kids’ views, but others disapprove of bringing the kids into it at all. The judge also may learn about the children’s preferences from a custody evaluator. • Continuity and stability: When it comes to children, judges are big on the status quo, because most of them believe that piling more change on top of the traumatic transition of divorce generally isn’t good for kids. So if you’re arguing that things are working fine, you’ve got a leg up on a spouse who’s arguing for a major change in the custody or visitation schedule that’s already in place. • Abuse or neglect: Obviously, if there’s clear evidence that either parent has abused or neglected the children, a judge will limit that parent’s contact with the children. Every situation is different, so the judge may consider other factors in deciding custody in your case. Lawyer For Utah Code 78A-6-509When you need a lawyer to help you with child custody 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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Utah Divorce Lawyers Free Consultation Talking To Children About Divorce Can An Executor Take Everything? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-code-78a-6-509/ An executor is a legal term referring to a person named by the maker of a will or nominated by the testator to carry out the instructions of the will. Typically, the executor is the person responsible for offering the will for probate, although it is not required that they fulfill this. The executor’s duties also include disbursing property to the beneficiaries as designated in the will, obtaining information of potential heirs, collecting and arranging for payment of debts of the estate and approving or disapproving creditors’ claims. An executor will make sure estate taxes are calculated, necessary forms are filed, and tax payments are made. They will also assist the attorney with the estate. Additionally, the executor acts as a legal conveyor who designates where the donations will be sent using the information left in bequests, whether they be sent to charity or other organizations. In most circumstances, the executor is the representative of the estate for all purposes, and has the ability to sue or be sued on behalf of the estate. Choosing An Executor (Also Called A Personal Representative)The person who sorts out your property when you die and carries out the instructions in your will is called your executor. You can choose whoever you like to do this job (and it can be more than one person) but it’s an important choice to get right. What does an executor do?Your executor takes on the job of carrying out the instructions you leave in your will when you die. It can be a complicated job even if your instructions and your property are quite simple – it’s not unusual for the process to take several months. The job of an executor is sometimes difficult. For example they might have to: • Decide when to sell your property so that the people who inherit the proceeds get the most money • Make sure the right amount of Inheritance Tax, Capital Gains Tax or Income Tax gets paid Who can be an executor of a will?Anyone aged 18 or above can be an executor of your will. There’s no rule against people named in your will as beneficiaries being your executors. In fact this is very common. Many people choose their spouse or civil partner or their children to be an executor. But that doesn’t mean they have to write them out of the will. Up to four executors can act at a time, but they all have to act jointly so it might not be practical to appoint that many people. It’s a good idea, though, to choose two executors in case one of them dies before you do. For example, you might choose one family member and one professional, like a solicitor or accountant. Here are five things you should know before signing. The Complexity of the EstateTaking on the executor role is not simply a matter of reading the will and using it as a set of instructions for giving away someone’s wealth. An executor essentially steps in for the testator (the person who wrote the will) and sees to all the final arrangements—financial and otherwise. Make sure you can handle all that is involved before accepting the responsibility. Consider the complexity of the estate, whether you have the time to devote to the immediate responsibilities required, as well as the multitude of duties that come into play when the testator passes away. Generally speaking, the larger the estate whether in terms of property, possessions, assets, or the number of beneficiaries the more difficult and time consuming it will be to disperse. For example, a house, several bank accounts, a stock portfolio, and possessions will all have different steps to dispersal and clearing hurdles like taxation. This is why high-net-worth people usually use professionals to both set up an estate plan and then help execute it when they pass on. That said, even small estates with few beneficiaries can become problematic if just one person contests the will or is otherwise inclined to throw a wrench into the process. The best way to assess how difficult the job will be is to ask to see a copy of the current will or a draft of the will if one is in the works. If there are obvious red flags unequal distributions to children, trusts or annuities to untangle, or anything else you feel uncomfortable with it may be best to pass on the responsibility. Time CommitmentBeing an executor takes time and energy, and requires a lot of attention to detail—in fact, it is almost solely concerned with details. It is far better to decline the honor of becoming an executor of an estate for the right reasons (the inability to do the job properly) than to take it on for the wrong ones (a sense of obligation). Before you agree to execute a will, you should be certain that you have the time to do the job. If you have a busy professional life or a lot of family commitments, it may be difficult to set aside the time to be an executor. It is important to make the decision based on your current situation. As long as the testator is alive, you can be added or removed as the executor of the estate. You can also request a co-executor or professional help. However, you will not be able to appoint someone else if you find out you don’t have the time after the testator has passed away. So it is important to review your decision to serve as an executor every time your situation changes significantly (you get married, have kids, get older, etc). It is natural for a testator to change executors throughout a lifetime. Immediate ResponsibilitiesSome people agree to be an executor thinking that it will be years before they have to do any work. However, doing the job properly means going to work immediately. To be prepared, you should: • Make sure the testator is keeping a list of assets and debts, including bank accounts, investment accounts, insurance policies, real estate, and so on. • Know where the original will and the asset list is being held and how to access them. • Know the names and contact details of attorneys or agents named by the testator, and what their function is. • Discuss the testator’s wishes as far as a funeral or memorial service, including instructions for burial or cremation. • Discuss the will with the testator and, if possible, with the beneficiaries in order to minimize problems in the future. • Have a copy of all these documents. Again, it is important that you have the time to do gather this information as soon as possible after you’ve agreed to be the executor. • Duties After the Testator Dies: Of course, the real work starts when the testator passes away. It is then that the executor is called on for funeral arrangements, locating and filing the will, clearing probate, managing assets, clearing debts, submitting tax returns, establishing and managing any trusts, responding to legal challenges, and more. In reality, being an executor is simply carrying out the details of the will and complying with legal requirements. It is easy as long as you are organized and detail oriented. Even if you aren’t detail oriented, the estate will pay reasonable costs for professional help. That said, you will still need to be involved at every stage. • How You Will Be Paid: Each state has laws determining how an executor is paid. It can be by the hour, as a flat fee or as a percentage of the estate. Sometimes the fee is determined by the probate court judge. In addition to the regular fee, there may be an “extraordinary fee” if an unusual amount of work is involved, for example, selling off personal property or managing litigation on behalf of the estate. The testator is permitted to state in the will how they want the executor to be paid and that may override applicable state law. Executors are also entitled to compensation for expenses incurred as they carry out their responsibilities. Payment is made from the estate after all the bills are paid, but before any money goes to the beneficiaries. If being an executor is likely to take a major portion of your time and cut into your ability to do your regular work, it’s especially important to get some sense of how you will be compensated. Executors are also permitted to refuse compensation for example, if you are doing this task for a member of your family and want the whole balance of the estate to go to the beneficiaries. Duties and Responsibilities of an Executor of a WillBeing chosen an executor is both an honor and an obligation. Before accepting, you should be sure you understand what you’re getting into. Broadly speaking, you’ll be distributing the deceased person’s property and arranging for payment of estate debts and expenses. Specific duties will include: choosing the type of probate, filing the will for probate, setting up an account for paying bills, paying estate debts and taxes, maintaining willed property, making and filing an inventory with the court, distributing assets, and many more. • Get a copy of the will and file it with the local probate court: The executor is in charge of locating, reading and understanding the will usually, even if probate isn’t necessary, the will still must be filed with the probate court. At this step, the executor also determines who inherits the property. • Notify banks, credit card companies, and government agencies of the decedent’s death: The Social Security Administration along with the decedent’s bank and credit card companies are just some examples of who should be notified of the death. • Decide what kind of probate is necessary: Because inheritance laws may facilitate the passing of certain properties without probate (such as property held jointly by a husband and wife), probate isn’t always necessary. Additionally, the value of the estate may allow it to pass through an expedited process. If probate is required, you need to file a petition with the court to be appointed an executor. You will likely need an attorney’s assistance to accomplish this. • Represent the estate in court: An executor may be required to appear in court on behalf of the estate. • Set up a bank account for incoming funds and pay any ongoing bills: If the decedent is owed money such as incoming paychecks, this account can hold them. An executor should be on the lookout for mortgages, utilities and similar bills that still need to be paid throughout the probate process. • File an inventory of the estate’s assets with the court: In many states, the court requires the executor to submit a detailed inventory of the assets in the probate estate. • Maintain the property until it can be distributed or sold: This includes keeping up a house until it is distributed to heirs or sold- even deciding whether the property needs to be sold at all. Also, an executor must be sure to find all personal property in the estate and protect it until distribution. If the decedent had a safety deposit box, the executor should locate it and keep it safe. • Pay the estate’s debts and taxes: State law dictates the procedure for notifying creditors, and the estate must also file income tax returns from the first of the current year until the date of the decedent’s death. If the estate is large enough, there may be state and/or federal estate taxes to pay as well • Distribute assets: Distribution occurs according to the wishes expressed in the will. If there is no will, state intestacy laws apply. • Dispose of other property: If there is any property left after paying off the estate’s debts and distribution to heirs, the executor is responsible for disposing of it. Since estates vary greatly in size and complexity, and executor’s job may be easy or challenging to carry out- and responsibilities may very well go beyond the 10 basic items in this list. But while an executor can decline the position or resign at any point in the process, sometimes all that is needed is some legal advice. Consulting with an attorney is generally to make sure that the executor properly complies with his or her duties. The responsibilities of an executor include: • Identify the assets and liabilities of the testator; • make funeral arrangements; • make an inventory of the property in the estate; • probate the Will; • call in the property after grant of probate is issued; • pay all the debts and taxes; • Distribute the property to the beneficiaries. Probate LawyerWhen you need legal help with a probate or estate planning 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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