Legal separation is an alternative to divorce. Designed for people who can no longer stand living together but who don’t want to end their marriages right away for religious or other reasons, this process is an arrangement that is governed by a legal separation agreement. Legal separation agreements are legally binding, and provide details concerning child custody arrangements, spousal support, and particulars concerning living arrangements. Legal separation is different from just living apart. It provides certain stipulations that each party has to live up to and it provides legal protection in the event one spouse decides not to follow the rules. Grounds For Legal SeparationThe grounds for legal separation are often the same as the grounds for divorce. These include: • Adultery • Physical abuse • Abandonment • Irreconcilable differences • A spouse being sentenced to 3 or more years in prison • Voluntary separation The grounds for legal separation vary from one place to the next. Be sure to find out what laws in your local area allow before proceeding with the decision about whether to get legally separated instead of filing for divorce. The Difference Between Legal Separation And DivorceThe primary difference between legal separation and divorce is that a legal separation recognizes that a marriage is valid and legal. There are some additional differences to be aware of. Legal separation isn’t recognized everywhere. In many places, there is no process for legal separation; instead, separation is a term that’s used to establish that the parties have not been living as a married couple. Before choosing between legal separation and divorce, be sure that both options are available where you live. Legal separation may have an effect on any eventual divorce settlement. If you are primarily interested in legal separation now but believe you may want to file for divorce later, be cautious while drafting your legal separation agreement. This legal contract, which lays out all the terms of the separation, can sometimes be converted to a divorce decree and used as is. Judges often assume that since parties are happy with the terms of their legal separation agreements, they will be fine with a divorce decree that uses the separation terms as status quo. Legal separation can have an effect on property rights. One of the most important differences between legal separation and divorce is that in a legal separation, both parties retain rights to marital property. If a divorce follows a legal separation, the court may decide to use the date of separation as a cut-off point for property rights. Similarities Between Legal Separation And DivorceIf you are considering becoming legally separated, it’s just as important to know about the similarities legal separation and divorce share as it is to know about the differences between the two processes. In most places, the same issues that are addressed during the divorce process are considered in the legal separation process. If you have children, custody arrangements will be made. Concerns including the sharing of joint property, responsibility for debt, and occupation of a co-owned home will be addressed as well. Legal separation and divorce have something else in common: Both procedures can be emotionally as well as financially upsetting. To become legally separated, you’ll have to go through the extensive process of negotiating issues including child custody, child support and visitation; property distribution and spousal support; and benefits such as health insurance. Pros And ConsThose who choose legal separation over divorce do so for many reasons. However, there are a few significant pros and cons that should be considered. Pros- The major pros for legal separation are financial. Many but not all states still recognize legally separated couples as married and they are therefore entitled to the benefits of married couples. These include: • Healthcare and insurance benefits. • Tax benefits- a legally separated couple can still file income taxes jointly. • Social security and pension benefits • Avoid mortgaging or splitting the sale of a home. Other pros include social reasons, such as feeling more comfortable as a married couple, or concern for any children or family involved. Cons- Those who choose to remain legally separated may likely encounter the following challenges: • Shared debt- as a married couple, the debt is often shared between both parties, even if their expenses are not. • In the event of divorce- if the couple does eventually decide to divorce after a significant amount of time, it is possible that their separate financial situations will shift significantly over time and make divorce more complicated later on. • Issues of Inheritance- if a couple chooses to remain separated and one or both spouses pass away, issues of their inheritance can become complicated, especially when they leave different instructions for their shared possessions. Both legal separation and divorce are complex agreements that should be entered into only after making a careful analysis of the benefits and drawbacks of each. Before moving forward with a legal separation or divorce, research the laws in your area and be sure that you have a clear understanding of how either process will affect your life going forward. When a couple cannot stand to be around each other, they are often advised to file for divorce. But a divorce is not feasible in all cases. When there is a barrier to a couple divorcing, whether that barrier is their cultural or religious beliefs about marriage, their financial situation, or just their own perspective of the marriage and the prospect of ending it, legal separation can be a useful way to detach from each other without actually ending the marriage. Some legally separated couples do go on to divorce while others remain content living singly while legally separated. Still, others use their separation as a time to reflect on their marriage, repair the issues that drove them apart and find ways to be a successful couple. • Your Religion Prohibits Divorce: Many religions prohibit divorce. Sometimes, individuals’ personal convictions make divorce an unattractive, or even unacceptable, option. For individuals whose religious or philosophical beliefs make divorce a taboo subject, legal separation can be a way to exit an unhealthy marriage without actually violating these beliefs. • You Are Not Sure if You are Ready for a Divorce: Getting divorced is a life-changing step. Legally separating from your spouse can be as life-changing, but it can feel less final. For the couple who is not sure if divorce is the right step, a legal separation can be a way for them to gain the space and perspective they need to see if it is time to end the marriage. • You Need to Stay Married to Continue to Receive Certain Benefits: When one spouse is close to being eligible for Social Security benefits and the other will rely on these benefits, the couple may choose to legally separate so one spouse does not face financial hardship. They could divorce later so that spouse is eligible for divorced spouse benefits. This can also be the case for couples where one partner relies on the other’s employer-provided healthcare insurance. It is not uncommon for a separation agreement to later become a divorce settlement. In your separation agreement, you can work out the following with the court: • A parenting plan; • A child support order; • The division of your property; and • A spousal maintenance order. If you do decide that divorce is the right choice for you and your spouse, you can make the divorce process easy by submitting the terms of your separation agreement to the court as your divorce settlement. If you don’t want to continue living with your spouse but you are not certain you want a divorce, then you may want to consider a legal separation. A legal separation is similar to divorce in that you’ll have to negotiate child custody, visitation and child support, spousal support and the division of your property. Unlike divorce, you will still be legally married to your spouse, but you will be living separately. The key difference between legal separation and divorce is that when you are separated, you are still legally married to your spouse even though you are living apart. If you later decide to get divorced, you’ll have to go through the legal steps necessary to terminate your marriage. There are several valid reasons why people choose to legally separate but remain married to one another. They include: • You and/or your spouse oppose divorce for religious or moral reasons • One spouse will soon become eligible for his or her spouse’s government benefits (such as Social Security) • One spouse will remain eligible for the other spouse’s health care or insurance benefits if they remain married • There is a tax benefit if you and your spouse remain married to one another • You and your spouse think there’s a chance you may reconcile after you’ve had time apart from one another • You are not yet eligible to file for a divorce under your state’s residency requirements or waiting period, but want a court-sanctioned separation agreement until you are eligible to file for divorce. • You and/or your spouse find it less stressful to negotiate a separation agreement than to negotiate a divorce agreement. If you decide to remain married because one spouse will be entitled to the other spouse’s benefits (such as Social Security or health insurance), make sure you read the fine print associated with such benefits. Some benefits will specifically exclude legally separated spouses from eligibility. If you’re having serious problems with your spouse, a divorce might seem like the only way to split off and protect your finances. However, a legal separation may offer the same protection as a divorce and in some cases works out better. Reasons to Choose a DivorceIn other situations, a divorce may be preferred. • If you don’t see any financial benefit from a legal separation and are certain you want to end your marriage, it might be best to go straight to a divorce. Otherwise, you’ll spend time and money getting a legal separation only to have to go through the process all over again to get a divorce. • If you want to get remarried, you’ll also need a divorce because you can’t legally remarry with a previous marriage in place. Deciding whether to get a legal separation vs. divorce can be confusing. To make a decision, it is important to understand the legal and emotional effects of both possibilities and weigh the options. Divorce and legal separation have similar effects in many ways. Both a divorce and a legal separation legally create a space between you and your spouse. You live separately. Your finances are separated. Child custody, child support, division of marital assets and debts, and spousal support (called alimony if you divorce) are all ordered by the court. Divorcing and getting legally separated both create an important division in your lives and create financial rules and boundaries that you are required to live by. The important difference between a divorce and a legal separation is that when you divorce, your marriage is formally ended. You are no longer married to each other. You are free to remarry. You live your life moving forward as a single person. When you get a legal separation, however, you remain legally married to each other. You must continue to mark that you are married on forms. You cannot remarry. You still have the right to inherit from each other. A child born to a married woman is legally the child of the other spouse unless proven otherwise. In some states, a separation is required before you can get a divorce under certain grounds. Often a waiting period of six months or one year during which you live separate and apart is necessary before you can get a divorce. In other states, a legal separation can become the grounds for a divorce. You resolve all of the issues when you create your separation agreement, live under it for a period of time and that agreement then converts to a divorce decree after a period of time. Legal Separation Attorney Free ConsultationWhen you need legal help with a Legal Separation in Utah please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with all areas of family law. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/why-would-you-want-a-legal-separation/
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If you are seeking a divorce, you should consult an experienced Lindon Utah family lawyer. Divorce is the legal dissolution of a marriage. Divorce is widespread in the United States today; indeed, the United States has the rather dubious distinction of having a higher divorce rate than any other Western nation. Although death is the leading cause of family breakup in the United States, divorce rates are at an astronomically high level. Courts began to pass alimony orders during the period when absolute divorce theoretically was unavailable, and divorce “from bed and board” was the only form of relief available to an aggrieved spouse. If the spouse who petitions for divorce could prove that the other spouse had engaged in specified forms of misconduct, a divorce from bed and board would allow the spouses to live separately, even though they continued to be formally married. A husband continued to be responsible for providing for the financial needs of his wife. The payment of alimony in the event of a divorce from bed and board thus literally was the fulfillment of an ongoing spousal obligation. Absolute divorce first became available under a fault-based system. Marriage remained a lifetime contract; it could not be dissolved simply because either individual desired it. Nonetheless, when one member of the marital community could be blamed for the breach of communal duties, the innocent spouse could sue for divorce. While absolute divorce made alimony more conceptually problematic, such financial assistance continued to be justified on various grounds. The most analytically coherent rationale was that a husband who had committed a breach of the marital contract sufficient to warrant divorce should not be permitted by his own wrong to escape his obligations under that contract. In either instance, damages consisted of the amount that was necessary to place the injured wife in the position that she would have enjoyed had not her husband wrongfully ended the marriage. As one court expressed it, an alimony award “should be so apportioned, as to secure to the wife the same social standing, comforts, and luxuries of life, as she would have had, but for the enforced separation.” Alimony thus was the cornerstone of the traditional law of divorce awards. Since the husband had earned most if not all of the property acquired during marriage, he got to keep these assets. He had an obligation, however, to use part of’ them to ensure that his wife continued to have an adequate income after divorce. Even after divorce, men and women remained part of an ongoing community in which the more financially fortunate member had a duty to respond to the need of the less fortunate one. Such a system ideally served to reassure wives that they would not be economically harmed by their caregiving activity should the marriage end. Alimony was the primary vehicle for financial claims and obligations at divorce. Men had economic duties to the community, but otherwise had relative freedom to pursue their own interests. The property that they acquired during marriage was legally theirs, not the community’s – even though they had the duty to use a portion of’ it to satisfy obligations to their wives. No-Fault Divorce In UtahBeginning with California in 1970, states across the country began making available a no-fault divorce option. By 1985, it was possible to obtain a no-fault divorce in all fifty states and the District of Columbia. You can apply for a no-fault divorce in Utah. To be eligible to file a divorce petition, you must meet certain requirements set out by Utah divorce laws. Your Lindon Utah family lawyer will review your circumstances and advise you if you qualify to file for a divorce under Utah laws. There are many legal sides to the dissolution of a marriage, and Utah divorce laws have changed over the years. For centuries, Utah divorce law centered around the concept of fault. In this concept, there was the requirement that one party had done something wrong while the other party was without fault. Thus traditional divorce law represented an adversary process. It should be noted, too, that once fault was determined, financial terms of the divorce were directed to the party at fault. At one time, the notion of ‘‘fault’’ included only adultery and physical cruelty. Later, though, ‘‘fault’’ included such grounds as mental cruelty or desertion. Because divorce was an action in equity, it could be granted only if the party seeking the divorce was innocent of any wrongdoing. If both parties happened to be at fault, the doctrine of recrimination prohibited the granting of a divorce. Also, proof that parties colluded to obtain a divorce would bar a divorce. In addition, traditional divorce law perpetuated the gender-typed division of roles and responsibilities apparent in traditional marriages. That is, in traditional marriage a woman presumably agrees to devote herself to being a wife, mother, and homemaker in return for her husband’s promise of lifelong support. If the marriage did not endure, and if the wife were virtuous, she would be granted alimony. Alimony represents the husband’s continued economic support, a perpetuation of this element of marriage. Traditional divorce laws also perpetuated the gender-typed division of roles as far as the children were concerned: The wife was typically responsible for their care, while the husband was responsible for their economic support. In 1970, California passed legislation making it the first state to recognize the breakdown of a marriage as a ground for divorce. Called the Family Law Act, this legislation heralded the concept of no-fault divorce. This concept does not accuse either party of creating the marital breakdown, a factor that makes divorce proceedings simpler. No-fault divorce also helps to reduce the bitterness associated with adversarial proceedings, not to mention the complexities often arising with property settlements, alimony, and the like. Since its inception in 1970, nearly every state has instituted some variation of no-fault divorce proceedings. Today you can seek a no-fault divorce in Utah. The concept of no-fault divorce changes several basic elements of traditional divorce legislation. First, it eliminates the fault-based grounds for divorce. Second, it removes the adversary process. Third, financial settlements no longer originate in the concept of fault or gender-based role assignments. Finally, no-fault divorce redefines the traditional responsibilities of husbands and wives by implementing a new norm of gender equality. No-fault divorce attempts to institutionalize gender-neutral obligations between partners, including those related to economic support, division of property, and child support. If you are seeking custody of your children during the divorce proceedings, speak to an experienced Lindon Utah family lawyer. Generally, the mother is awarded custody of the children, especially if they are very young. However there have been cases where the courts have denied custody to the mother. An alternative that brings flexibility to the courts is joint custody. Joint custody embodies the mutual sharing of parental rights and responsibilities after the divorce. Joint custody actually has two meanings. One is that both parents retain the rights they always have had as parents: for instance, the right to participate in decisions about schooling or health/medical considerations. The other meaning of joint custody is that every week, month, or year parents will alternate in providing the child’s shelter. This is called joint residential custody. Divorce mediation is a conflict-resolution process in which the disputants meet with a third-party mediator whose role is that of a facilitator and an impartial guide to negotiation. The mediator serves as an advisor who suggests options and can describe the range of decisions that courts are likely to make about a given issue. Divorce mediation respects and supports the participants’ ability to make decisions that affect their lives. In mediation, the separating partners control the results, taking responsibility for the final outcome instead of handing decisions over to the courts. Mediation provides a clearinghouse for cooperative solutions in which everyone can have his or her needs considered. This is especially important where children are involved and joint custody is anticipated. Divorce mediation differs from the traditional adversary process, be it through the public judiciary or private arbitration, in several important ways. Most important, mediation is generally informal and less structured than either of the alternative procedures. Because it is private, it encourages an openness that is impossible in a public setting. The disputants retain control of the outcome rather than turning the decision-making power over to a judge or an arbitrator. Divorce mediation offers several distinct advantages to couples. To begin with, it is often cheaper than a traditional divorce. Also, proponents maintain that disputes are settled faster when there is a mediation rather than an adversarial process. Third, participants are more likely to perceive a mediated settlement as fairer than a court resolution to the divorce. There are different styles of divorce mediation, although each strives for the same goal: agreeing to a settlement and avoiding the cost of a court suit. In its simplest form, mediation can be performed by a single lawyer and a single mediator. However, other arrangements exist, such as with a lawyer-therapist interdisciplinary team. Court-sponsored public mediation programs are also available. To know more about divorce mediation, contact an experienced Lindon Utah family lawyer. Seek the Assistance of an experienced Utah family lawyerUtah family law is complex. The rules for filing a divorce petition aren’t as easy as they may appear. The court will consider various factors when deciding on the amount of alimony. Child custody is not automatic. The court will consider the best interest of the child. The non-custodial parent is usually ordered to pay child support to the custodial parent. There have been cases where the father has been given the custody of the children. Seek the assistance of an experienced Lindon Utah family lawyer. Lindon Utah Family Attorney Free ConsultationWhen you need legal help with a family law case in Lindon Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with divorce, child support, child custody, custody battles, guardianships, adoptions, name changes, and all types of family law. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/family-lawyer-lindon-utah/ Dying without a will in legal terms is referred to as intestate. In Utah, your estate will be distributed to your family and close relatives as required by the Intestate succession laws. If there are no relatives, who can be located, then the entire estate goes to the state. The intestacy laws usually apply to property that would have been included in a will if the person had written one. The estate does not include assets that can be passed to people at death through joint tenancy or in some cases, beneficiary designation. Relevant terms in understanding the relationship between family and the intestacySpouseThis term refers to the individual who is the legal partner of the decedent. The state of Utah recognizes common law which states that a couple who lives together as if legally married and is recognized by the world as if married; have same legal rights as those who are legally married under the law. ChildrenChildren are usually referred to as direct descendants of the intestate. Grandchildren and great-grandchildren are also recognized in the same category. Children who have been legally adopted also count as descendants. Children who are born outside marriage also have equal legal rights as those born in a marriage. Issues usually arise on the paternal side since the maternal side easily allows inheritance from one’s mother. The child will, however, have to come up with evidence to prove paternity for the legal claim to be valid. There are three ways in which a child born out of a marriage can go about claiming the intestate’s property. ● Acknowledgment of paternity by the father through a written statement ● Proof that the father publically proclaimed the child as his own ● Declaring paternity through a court order SiblingsSiblings include the brothers, half brothers, sisters, and half-sisters. Siblings have a legal right to the estate claim as long as they are alive at the time the deceased’s passing. StepchildrenIf such children had not been legally adopted, then they do not count as far as inheritance is concerned. The state does not recognize stepchildren who are not legally adopted as children of the decedent. Administration of assets under intestacy laws in UtahWhen you die without a will, the court will appoint an executor or personal representative to oversee the administration of your assets. All the assets that are passed over to beneficiaries and descendants have to be in the name of the deceased. Such property is divided among the beneficiaries through the guidelines of the state’s intestacy laws. When one dies intestate, the probate process is still put into effect for the distribution of the assets. The difference comes in when the court has no will to interpret and so instead applies the intestacy laws for property allocation. Dying without a will while single in UtahDying without a will as a single without any children means that your assets will be allocated to your parents if they are both alive at the time. If both your parents are deceased, then your property will be transferred to your siblings. If you have half-siblings, then they might also be considered in the estate distribution. If you have no siblings or the children of the siblings, then half of the estate will go to your close relatives on the side of your mother and the other half to your father’s side. If you are single but have children, then all your property will be given to them equally. If your child passed on before you, then his/her share will go to the children (your grandchildren). Dying without a will while marriedYour spouse is entitled to all your estate when you pass on. A legally acknowledged spouse will be allocated your property. If you had children, then your spouse will be required to use the inheritance for their upbringing. The subdivision of assetsIf the deceased passes on while having a child, but without a spouse, all the surviving children will inherit all the assets. If the deceased passed on and is survived with a significant other but with no children, then the surviving spouse will inherit all the assets and properties. If the deceased is survived with both a spouse and children, then the spouse is bound to inherit all the properties and assets. In this case, the law assumes that the spouse will use the property to take care of the children. If the deceased is survived with a spouse and children from another person, the surviving spouse is entitled to get the initial 000 from your entire intestate estate plus another half of the remainder. The other half is inherited by the children. If the deceased is survived with parents and there is no spouse or children, then the parents are entitled to receive the whole intestate estate. If the deceased is survived by only siblings i.e., there are no living parents, spouse, or children; then the siblings will inherit all the property. Common assets that typically pass to individuals at death and are outside intestate laws include: ● Joint tenancy bank accounts ● Communal property containing rights of survivorship ● Retirement benefits ● Statements that are payable on death ● Accounts that are transferable on death ● Joint tenancy property The assets named above are transferred automatically to the individuals who have been stated as the beneficiaries. The assets are also allocated to surviving joint owners of a living trust. However, if such accounts have no beneficiaries, then the assets are placed under the intestacy laws. What the spouse is entitled to under intestacy lawsAs mentioned earlier, the portion that is inherited by the spouse after you die depends on whether you have surviving children or other descendants. For instance, if you die without any children or if you die and have children with your spouse, then he or she is entitled to all our properties. In case you are survived with children from somebody else other than your current spouse, then he or she will get the first $75 000 together with half of the remainder of your property. In case the significant other has to share your estate with other beneficiaries, then there are different rules that have to be considered. The amount of all transfers done without probate will be added to the value of the intestate property. Such amount is regarded legally as an “advancement” and therefore will have to be deducted from the spouse’s share of the property. If the added amount is more than what the spouse is entitled to receive then rather than refunding anything, they will not be eligible for any more inheritance. What the children are entitled to under intestacy lawsChildren are the most vulnerable group to leave behind without a will. In case you die without a will, then the share of each child is dependent on many factors. First of all, the children have to be legally yours under the law. Furthermore, their share will also depend on whether you have any spouse or not. The legal issue is not always clear among many families, for instance, Children who were legally adopted by you are entitled to an equal share of the inheritance just like your biological children. The children you place for adoption and have already been legally adopted by another family are not entitled to inherit anything. The grandchildren are only entitled to receive anything if their parents are not alive to receive their share. According to Utah Code Section, 75-2-114 children born outside of wedlock are entitled to a portion of inheritance if you acknowledged their paternity or otherwise their paternity is proved in the court of law. According to Utah Code Section75-2-104, children who you conceive and are born before your death (posthumous children) are entitled to a certain portion of the estate if they survive at least 120 hours after their birth. Section 75-2 further states that a child conceived during your marriage to your spouse is regarded as your biological child and deemed to receive a portion of the property. However, stepchildren and foster kids that you did not legally adopt are not eligible for any inheritance. Important factors to consider under intestate laws in UtahAdvancementsThese are assets that are not transferred under probate. They are critically explained in Utah Code Section 75-2-109 and 75-2-205. Such items are considered an advancement to a relative’s share of the inheritance. Those assets, together with gifts received in contemplation of death, are generally subtracted from your spouse’s share of the estate. Posthumous next of kinThese are family members who are conceived before death but born after the death of the intestate. The matter is explained in Utah Code Section 75-2-104. Such relatives are bound to receive a share of the estate if they survive at least 120 hours after their birth. The duration of survivorshipTo be eligible for inheritance under Utah’s intestate laws, the survivor must outlive you for a period not less than 120 hours. Immigration conditionsUnder Section 75-2-110, a family member is entitled to a fair share of inheritance regardless of their citizenship status. Half-relativesThe issue of half relatives is determined under Section 75-2-104 of Utah Code. It involves relatives such as half-brothers or sisters. Under the law, they are entitled to the same share of the inheritance, just like “whole relatives.” Reasons why writing a will is essential.Failure to write a will result in the state to make the decision as to who inherits your property. All the assets under your name, such as real estate and bank accounts will be distributed as the probate court finds necessary. If you would prefer to have a say in who gets what, then writing a will is probably for the best. Decide on who gets to raise your kidsParents always strive to meet all the needs of their children. Since death is inevitable, it is important to have a plan in place knowing that if you die, someone else who is responsible will be able to take care of your kids properly. You can include such information in your will by also designating a property guardian for your children until they become adults. If you leave the decision up to the court, then in the event that both you and your spouse die then social services steps in. The individual appointed by social services might not be the person you would have considered. Reduce conflict in the familyThe absence of a will might cause disagreements and tension as family members and relatives fight over your possessions. Everyone will have an opinion on what you would have wanted in terms of property distribution. Writing a will ensures that property is allocated as you have requested and so relatives will have to accept and comply with your decision. The welfare of your petsThe state does not recognize pets in the intestacy laws. A will indicating that a certain portion to be used in taking care of your pets will ensure that they are not neglected. This is especially true for single individuals who lived with their pets. You can also include information on who should take care of your pets when you die. For someone who is passionate about giving back to society by supporting an initiative, then a will see to that effect. You can include in your will a certain percentage which you would want to be allocated for a good cause. A will can also be used in donating your organs when you pass on. One can discuss such preferences with the family just in case the will is found later after your funeral. Knowing that the future of your loved ones is taken care of by drafting a will can be relieving. Death can occur unexpectedly, therefore, leaving no room for planning. It is important always to have a will clearly stating how you would want your property to be distributed. Estate Planning Attorney Free ConsultationWhen you need legal help with a last will and testament, whether you have a full estate plan, or whether you simply want to avoid probate by having a living trust, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/what-happens-if-you-die-without-a-will/ Speak to an experienced Midvale Utah probate lawyer before you make you will. While the act of preparing a will may not be the most obvious route to restoring control and authority to a person’s life, it can in fact be a very empowering experience. To write a will is to take the law by its collar, pull it down to eye level, and say, “You are going to respect me, my wishes, and my relationships with people who are important to me—and you are going to do it my way.” To understand how, it is necessary to understand what a will is all about. A Will Defined – Property and RightsA will is an instrument that you draw up, usually with the help of a lawyer, to outline your wishes for the dispensation of rights you possessed while alive. Speak to an experienced Midvale Utah probate lawyer before you make your will. In your will, you bestow these rights on people who are important to you. They can be family members or they can be people who are not related to you but whom you regard as family or as deserving. The will allows you to have a say when you are no longer here to exercise those rights. Because of this, a will is only valid after its subject is deceased. Thus, a will is different from a power of attorney, which is only valid while its subject is alive. Seek the assistance of an experienced Midvale Utah probate lawyer when you are preparing your will. We tend to think of property as something that we own outright, but what we actually own are rights over the property. A will should not be viewed as an instrument for giving away property ownership but for granting rights over certain properties that you own. If you have paid for your property entirely, you own almost all the rights over it. If you have only paid for part of it, you own some rights over it while others are held by the creditor who loaned you the money for the purchase. Each day each of us exercises rights over our property. Property, if you will, is merely a physical manifestation of power, a tangible representation of a person’s rights. From this perspective, a will becomes less morbid, more an exercise of power. View it less as “I’m giving away my property because I am dying” than as “I am going to design a distribution of power and it will be absolute power.” Motivations—Why People Make WillsAn experienced Midvale Utah probate lawyer understands that property is not the sole guiding factor in writing a will; there are others that often are psychosocial in nature. Most lawyers don’t usually warm up to words like “psychosocial;” and most probably couldn’t define them. “Psychosocial” evokes “feelings” and is far removed from solid legal terminology. Social workers talk about feelings quite a bit, using words like “sharing”; meanwhile, most people think that the closest expression in the legal vocabulary to the concept of sharing is the term “contingency fee.” If you are looking for a lawyer, and you interview a lawyer who doesn’t seem to grasp this truth, keep looking. Don’t hire the first lawyer you come across. You need an expert – an experienced Midvale Utah probate lawyer. Having written a valid will, you are “testate.” To die without a will is to die “intestate,” in which case certain laws govern what happens to your rights and property. In essence, then everyone has a “will” whether or not it is written on paper. Automatically “written” by law on your death, it is based on your legal relationship to other people. When you write your own will, these intestacy laws are essentially rewritten by you and can include people with whom you do not necessarily have a “legal” or blood relationship. There is a general pattern to the ways that the laws of intestacy run: • If you have a spouse and children, the law will usually provide for them out of the estate with some sort of division among them. If there is a spouse or children only, then the estate will go to them. • If there is no spouse and there are no children, then the law delivers the estate to a parent, or, if both are living, in equal shares to each. • If no parents, no spouse, and no children exist, then the law will look for brothers and sisters; • then for aunts and uncles, • then for cousins, and • finally for grandparents. At this point, if the law can find no relatives, then the state where you live steps in, generously relieving you of the burden of your estate. Don’t let your estate be distributed according to Utah intestate laws. Make your will with the help of an experienced Midvale Utah probate lawyer. Powers of AttorneyA power of attorney is the delegation of authority to another individual to do that which you have the right to do yourself. A power of attorney can be broad or specific, last forever or for a limited time, and be stated broadly, effective for all purposes, or stated only for specific purposes. The instrument can take effect immediately upon signing, or it can take effect only with the occurrence of a subsequent event, such as disability. There are different types of power of attorney for general, financial, and business use. A power of attorney may concern your personal finances or it may be about business, authorizing another person to sign contracts for you in your place. It can also address medical decision making, authorizing another person to make medical decisions for you if you are incapable of making your own. There are also different types of a power of attorney. For instance, a durable power of attorney means that the validity of the document is not affected by the subsequent disability of the signer. For example, if John Doe signs a power of attorney over to Jane Smith and is subsequently incapacitated, the document may no longer be valid. But if it is a durable power of attorney, the document retains its validity. The process of writing a will and a power of attorney need not be complicated, expensive, or unpleasant. In fact, these instruments can mean something very special. Writing an actual willYou have seen what happens when the law writes your will for you. When you make your own, it is important to understand the mechanics of writing a will. One of the most frequent questions concerning the composition of a will is “Can’t I just write it myself?” In fact, you can write it yourself in most states, and stationery shops frequently sell forms that you can fill in. However, just as it is not necessarily the best decision to let the law write it for you, it is also not always prudent to write it yourself. Remember, lawyers go to law school for a reason. A will is only valid after one dies and after it is taken to court by the person who is named as the executor. The court examines it and, if all is in order, declares that it is valid, a process known as probate. The way the will is written and executed is the only means by which a court gets to know the testator, the person who made and signed the will. Therefore, the court first scrutinizes the rights of those who would have inherited the estate had there been no will (under the laws of intestacy) and in doing so, looks with great care to the document itself to ensure that: • the will was not forged – It was made by the testator himself • there was no undue influence over the testator to write the will in a way different than would otherwise have occurred, and • the testator was of sound mind when signing the will. The court ensures that these conditions are fulfilled by assuring itself that the document has been drawn up and signed in accordance with the state’s statutes. Therefore, the way a will is written or signed will determine whether or not it faces an easy time before the court during probate. If one of these conditions is not met, then the will might be challenged successfully, and, in fact, a violation of these conditions is the only way a will challenge can be successful. In looking at the will document and the circumstances surrounding its signing, the court looks for certain red flags warning that one of those three conditions may not, in fact, be satisfied and that the will demands further scrutiny. An experienced Midvale Utah probate lawyer, trained to know the law surrounding wills, can write them and have them signed in accordance with the statutes Since the objective of doing a will in the first place is to direct an orderly transfer of your rights over to people you choose, it makes sense to hire someone to do that who is trained to make that happen – an experienced Midvale Utah probate lawyer. The primary purpose of the will is to dispose of rights possessed by the testator to beneficiaries named by the testator. In doing so, one declines the provisions of the laws of intestacy in order to fulfill one’s own wishes. In essence, the testator replaces the will the law writes automatically with his or her own. By the laws of intestacy, the rights of the deceased are divided among legatees, those whom the laws of intestacy favor when a person dies without a will. If you want to probate the will of your close relative who has passed away, speak to an experienced Midvale Utah probate lawyer. Probate is a complex process. Once you file for probate, a disgruntled relative who has been disinherited by the will may challenge the will. It’s important to fight the challenge. Fighting the challenge can be a tough task especially if the disgruntled relative is determined to fight it out. During such times, having an experienced Midvale Utah probate lawyer assist you is probably the best thing that can happen to you. Disinherited? We Might Be Able To Help YourIf you have been wrongly disinherited by your close relative or you strongly believe that your deceased relative’s will was made under undue influence, speak to an experienced Midvale Utah probate lawyer. Utah law has provisions to challenge a will. All wills must go through probate. When an application for probate is made, it is open for interested parties to challenge the will. It’s at this time that you should challenge the will. There is no point in challenging the will when your relative is alive. In fact you cannot challenge the will at that stage. A will becomes operative only on the death of the testator – the person making the will. If your relative is still alive, you are better off talking to the relative rather than challenging the will in court. There is a time for everything and the time to challenge a will is when it goes through probate. Midvale Utah Probate Attorney Free ConsultationWhen you need legal help with a probate case in Utah, please call Ascent Law LLC (801) 676-5506 for your free consultation. We can help you with Estates. Estate Planning. Estate Administration. Probate Lawsuits.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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via Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-midvale-utah/ One leading cause of death and one of the top causes of debt is driving drunk. Celebration, prom or special events are typically when driving drunk is considered some of the deadliest times. The alcohol consumed by the drinker can affect other people as well as himself. Driving under the influence or (DUI) has serious consequences associated with it. Driving drunk can cause the loss of your license. Losing your license takes away the freedom and privilege of going wherever you want whenever you want. During this time you have to ride the bus or beg someone to give you a ride. In the end it turns out to be a huge a hassle, but not as bad as some of the other consequences. If you decide to get behind the wheel after drinking you are risking not only your life but the lives of others on the road. If you get in an accident and someone dies the penalty is on you. The result of this could be a guilty conscience and/ or a year or more in jail. If your friend is riding with you and they die, you won’t ever be able to see them again and could cause some people to have deep depression. Lastly and least important, are the fines behind it all. Depending on your case the normal fines can be more, but on average it runs about $300 to $1,000. This doesn’t include court fees or attorney fees. Another fee you’ll have to pay is your insurance rates will rise in order to cover some of the damages. Also, you will have to pay for any damages to other drivers’ car or hospital bills. This, as you can tell, gets really expensive and will cause huge debt. The statistics are true but still won’t keep people from driving after they have been drinking. One thing they always say is that they didn’t drink that much. But it doesn’t take much to get drunk. With one little decision, you can save thousands of dollars and most importantly save lives. How would you feel if you have to pay thousands of dollars, lose your driving privileges, remain in jail and keep a mark on your driving record? Sounds horrendous, right? These are simply some of the things that you may likely face once you have been convicted in a driving under the influence (DUI) case. In order for you to put up the best defense, it is always good to look for the help of a qualified DUI attorney. DUI penalties can be far-reaching, both emotional and legal. Such effects are exceptionally severe and regulations are getting more and more strict specifically when it pertains to fines and prison time. Aside from paying thousands of dollars that can be imposed on you by judges, there are many more repercussions that you can likely face and these include the following: License revocation for one to ten years (or even more) Court expenses Alcohol education and learning program fees Vehicle towing expenses Ignition interlock program expenses Driver’s license reinstatement penalties Paying high fees and charges can cause you to lose lots of money while staying in jail can give you a bad reputation or even lose your job and career. It is, therefore, vital to get in touch with a DUI attorney to ensure that you will get proper legal representation. DUI repercussions can ruin your freedom and life as a whole in numerous ways. You need to protect your legal rights. If you failed to acquire a restricted license, you may additionally have to pay for other transportation means like taxi or bus fare. You could likely face high insurance premiums too as soon as your record turns up a DUI conviction. There are simply a lot of negative effects that come with a DUI arrest and conviction. Perhaps, you have recognized by now that any conviction might spell financial disaster. Prior to getting in your car after drinking alcohol, think once more! You are not only placing your life at risk but additionally the life of other people once you hit the road. Whether you have been arrested or not, it is important to educate yourself about what you can potentially face in such a DUI situation. Speak with a DUI attorney right away after you have been arrested to learn about your rights and things you must not tell without appropriate defense. Having an attorney on your side can easily make a large difference in your DUI case. Everything that we do has a result. And the result comes into two kinds which are negative and positive or bad and good. Well, negative result is leading to consequences that may ruin our life. This does not mean that you will be totally broken but there may some aspects in your life that are affected like your emotions. Driving under the influence or what is commonly called as DUI is a violation of the law. Anyway, it could be considered as a crime that will lead you to face serious consequences. Some of the consequences are a DUI arrest, suspension of license and paying of high fines. You can face it by looking for an aggressive DUI lawyer who can stand with you in the court. Yes, he can protect you in some means that may lessen the burden in your part. Anyway, there are some things that could hardly be taken away from yourself. These are the feelings that will stick in your life for a long time because of that traumatic incident ( being charged of DUI). Hence, the most affected part is your emotion. Emotionally BotheredIt already happened. It is already in your mind that you had done something that must be avoided, but you did it. A person in a normal stage of emotion will be bothered of what he did. DUI is a violation and what bothers to a person who is being charged of that violation will feel bad. He may be ashamed for he knows the law but he never followed it at all. The Feeling of Failure and DepressionLet me ask you, “what will you feel if you failed?”. Perhaps, you will be depressed. I am talking here about the failure of abiding the laws. You didn’t able to apply what you know as you are living in a society run by the law of the land. DUI law is a part of a nation and almost everyone in the community have an idea about it. And it is impossible for a certain driver or a motorist to be innocent about it. For sure, a license is for a person who has an idea of traffic law and drunk driving. You have a license, so I bet that you have an idea about DUI. As a conclusion, you failed of applying that idea while you are in the midst of driving. Shame And GuiltBeing imprisoned because of DUI? Oh, it is a little bit embarrassing in your part especially if you are handling a title as a person known for having a good reputation in the society. Of course, there is a possibility that your name will be affected. Your family and friends will surely be worried about you because of that. What if you had hit somebody while you were drunk while driving. And what if that somebody died or paralyzed? Now, what will you feel? To tell you, DUI is not just a violation of the law, but it is already a crime. Affecting the life of other person because of your act will surely give you a feeling of guilt. As tough as the law is on people who choose to operate a motor vehicle while intoxicated, society can be just as harsh. It doesn’t matter if someone was injured or property was damaged as a result of your choice, you can’t afford to be seen and treated as villain. Even though you may have felt that you weren’t that intoxicated, according to the law, you were inebriated enough to be charged with a crime. When you find yourself in this type of situation or in one similar to it, don’t waste any time. Find a good DUI attorney and have them handle your case. The penalties you face for such a crime are very steep. They can include jail or prison time, fines, restitution, revocation of your driving privileges, counseling and more. Don’t forget the havoc this situation can wreck on your personal and professional life. The aftermath of people who find themselves in this type of situation often causes them to have to put their life on hold for quite a while. A DUI attorney can help you overcome this situation. Instead of trying to come up with a good excuse that you can use to justify your mistake, a good attorney can use the law, their skills and other resources to help get your charges reduced or dismissed. When you think about things, you can’t really place a price on your future. If you don’t want to end up with your future being cut short, take some time and hire a credible lawyer to get you out of this mess. If you are not really thrilled about the idea of hiring a DUI attorney to take care of your case, ask yourself if you can afford to be found guilty and endure the steepest consequences as a direct result of your actions? In addition, the fines and restitution you will have to pay, the possible prison sentence, and your reputation will be ruined. You will have to deal with the aftermath of your credibility being shot. Any employer you meet with in the future for a job or to advance your career will take a look at this blemish and decide to pursue more morally upstanding candidates. Even if this is the only time you have been in a situation like this, the damage that is caused can be irreversible if you don’t have a DUI attorney take care of it. Even if you do get off with a slap on the risk and a very minimal sentence that involves no jail time, you still need legal counsel to make it sure that this does not go on your record. If this is a subsequent offense for you, you need a good lawyer to make sure that you are held accountable to the full extent of the law. Law enforcement agencies everywhere frown upon DUI offenders and prosecutions will use their best tactics to secure a guilty verdict and give you the maximum sentence possible. Hire a DUI attorney to protect your rights and keep you from being railroaded in court. A driving under the influence (DUI) charge is something that affects normal people every day. Contrary to popular belief, they are not relegated solely to drunks and winos stumbling out of the watering hole after five hours of hard drinking and fall-sitting into the driver’s seat. In fact, the majority of the DUI charges are actually levied against people between a.08 and a.12 blood alcohol content (BAC). For some smaller people who may not have a large diet, this could be as few as three beers. Think back to the last time you had a few drinks after work and drove home. You probably didn’t think anything of it at the time, but there’s a good chance you were actually over the limit. Fast forward through the event itself. Once it is said and done, there are serious ramifications on your life after the fact. I’ll focus on Utah because it is the state I am from and am most familiar with. Here, the biggest shock to most people is that they now have to spend ten days in jail, with the first being the night of their DUI. Aside from the bewilderment of being incarcerated for the first time, there is also hefty financial damage done. According to the statute, the fine totals at $1,250. This does not tell the whole story, however. Many people are ordered to get an ignition interlock device. You have to purchase this device yourself, and up to several times a month report to have the results checked by a state-verified technician. You must pay for each and every one of these visits as well. If you are placed on probation, which you could be for up to five years, you must pay a probation fee as well as other costs associated with the course your probation officer assigns you to. Those assigned to counseling must pay for this out of pocket as well. When it is all said and done, $5,000 is a low estimate. If that sounds intense, consider this: that is for first time offenders with a BAC between.05 (if impaired) and.15. If you look at the high end for a first-timer (above.15 BAC) you are looking at $2,500-$10,000, thirty days in jail, and you must attend the counseling and receive an ignition interlock device. In either case, your license will be suspended for ninety days. Some of this can be abated if you have a reliable DUI lawyer, however, nothing is certain. After it is all said and done, you will be thousands of dollars shorter and have done some jail time. Many people lose their jobs due to not having a license for ninety days, and can have serious social or professional consequences due to the stigma of a DUI. The best way to avoid a DUI is simple: Don’t drink and drive! The limit is much lower than most people think, and those times when you think you are “good to go,” you could be stopped and arrested and suddenly find yourself in a cold cell without dinner. There are commercially available BAC machines or strips to check yourself before you leave a bar, and I always recommend people have a good DUI attorney’s information with them. The bottom line is, if you take the risk of drinking and driving, those three beers could cost you a chunk of your freedom AND your cash! DUI Lawyer Free ConsultationWhen you need legal help with a DUI in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you fight a DUI charge against you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/can-a-dui-ruin-your-life/ There are different types of crimes. If you have been charged with a crime, don’t argue with the police officers arresting you. Tell them that you want to speak to your South Salt Lake Utah criminal defense lawyer. Larceny is the trespassory taking and carrying away of the personal property of another with the intent to permanently deprive the owner of the property. To secure a conviction for larceny, the government must prove the voluntary act (trespassory taking and carrying away) and the mental state (intent to permanently deprive). The government must also demonstrate that the property taken has value and was owned by a person other than the defendant. In other words, there must be specific evidence that the defendant intended to steal the property from the lawful owner, as opposed to borrowing it or taking it based upon a mistaken belief that the property is abandoned. To be convicted of larceny, the taking and carrying away must be trespassory, that is, without the owner’s consent. This means that the property must belong to someone other than the defendant, whether or not it is in the actual possession of the owner at the time of the taking. Whether property is truly abandoned or simply lost or misplaced is a matter to be determined by examining the circumstances of finding the property. If there is some indication of ownership either on the property or that could be reasonably inferred from the surrounding circumstances, then it is likely that the property has not been abandoned and the true owner can be located. In that case, a person who finds the property is required under most statutes to make a reasonable effort to restore the property to its rightful owner. Intent to Permanently DepriveThe defendant, at the time of the trespassory taking and carrying away, must intend to permanently deprive the true owner of the property. This intent is also referred to as the intent to steal. Proving this intent typically involves examining the defendant’s conduct as it relates to the trespassory taking and carrying away of the property. If the defendant treats the property in a manner that is inconsistent with the true owner’s continued enjoyment and possession of the property, then that voluntary act provides strong circumstantial evidence of the defendant’s intent to permanently deprive the owner of continued possession and use of the property. The major issue that arises in these cases involves determining when the defendant’s voluntary act of taking and carrying away has progressed enough so that the intent to permanently deprive is sufficiently manifested. Occasionally, when caught with the goods, shoplifters will immediately offer to pay for the items and may, in fact, have the financial ability to do so. However, once the intent to steal has been demonstrated (i.e., by concealing the property and/or exhausting the last opportunity to pay), a subsequent offer to pay cannot negate the intent. This means that once there is a voluntary act (a taking and carrying away of the property) combined with the mental state (intent to steal), the social harm sought to be avoided by the crime of larceny is complete. A subsequent offer to pay is insufficient to remove this social harm, but it may serve to mitigate the defendant’s punishment after conviction. In some instances, a person may take property without the owner’s consent, but with the intent to use it temporarily and thereafter restore it to the owner. If at the time of taking, there is no intent to permanently deprive the owner of the property, then it would appear that the necessary intent for larceny is not present. However, the intent must be examined in the context of the intended “temporary” use of the property. If the person taking the property intends to treat it in a manner that will make its restoration to its lawful owner highly unlikely, then there may be sufficient circumstantial evidence of an intent to permanently deprive the owner of the property at the time of the taking. Such circumstances might include, for example, taking property without the owner’s consent and intentionally exposing it to dangerous or destructive circumstances. CommissionEvaluating whether the defendant has taken a substantial step toward the commission of a crime requires examining the defendant’s voluntary actions in furtherance of the criminal activity. The substantial step requirement ensures that the defendant is exhibiting a level of dangerousness to society sufficient to warrant punishment. Because the elements of each crime differ, the conduct required for a “substantial step” will change according to the elements of the crime. There are, however, several questions the judge or jury might consider when determining whether the defendant has taken a substantial step. One consideration is whether the defendant was within “dangerous proximity” of completing the crime. Dangerous proximity can mean close in time, geography or preparation to committing the crime. Another consideration might be the level of apprehension created by the criminal conduct. Theoretically, if the crime is of a very serious nature and involves a high level of danger, then there is a greater likelihood that the defendant will stop and reconsider before completing his criminal activities. Accessory or Aiding and Abetting LiabilityA person can be liable for the criminal conduct of another if he provides assistance before or during the commission of the crime. This type of criminal liability is referred to as accessory or aiding and abetting liability. If a person intends that a crime be committed and does something to encourage, promote or facilitate the commission of the crime, then according to the criminal law he is just as guilty as the person who actually commits the offense. A person who provides assistance to another is considered dangerous because, although he may not actually commit the offense, he has the necessary criminal intent and engages in some conduct that furthers the criminal activity. The criminal law punishes those who provide encouragement or assistance to others engaged in criminal conduct in an attempt to thwart the progress of criminal activity that depends upon the encouragement or assistance of others. An accessory may be criminally liable for providing physical or verbal assistance or encouragement to another and may be liable without regard to whether he is present during the commission of the offense. Knowledge of the Criminal ConductBefore a person may be criminally responsible for the conduct of another person, he must have knowledge of the anticipated criminal conduct. Knowledge is usually based upon information provided by the person committing the offense. Knowledge of criminal activity may also be derived from being present at the scene of the crime. However, mere presence at the scene is not enough to impose criminal liability for the conduct of another. There must also be proof that the accessory had knowledge of the criminal conduct. Before or During the Commission of the CrimeLiability for aiding and abetting the criminal conduct of another arises only if the assistance is knowingly provided before or during the commission of the crime. Thus, for every crime, liability for aiding and abetting will rest upon an initial determination as to when the crime is complete. Any assistance provided after the completion of the crime will be considered assistance after the fact and evaluated under a different criminal law standard. Aiding and Abetting versus ConspiracyBased upon the definition of conspiracy discussed earlier in this chapter, it would seem that anyone who provides assistance to another before or during the commission of a crime would also be considered a co-conspirator. Indeed, that is often the case. It is possible, however, to encourage or assist in the criminal conduct of another without a prior conspiratorial agreement. Accessory After The FactIf the criminal conduct is complete, any assistance provided at that point is considered assistance after the fact, and the person providing assistance is guilty as an accessory after the fact. Often, accessories after the fact provide assistance in concealing the crime or the fruits of the crime and intentionally hinder law enforcement efforts to investigate criminal conduct. Accessories after the fact, if convicted, can be held guilty of separate misdemeanor offenses and are not liable for the conduct of the person who actually committed the criminal offense. The actions of an accessory after the fact are not considered as serious or dangerous as the person who commits or facilitates the commission of the crime. Instead, an accessory after the fact is considered a threat to efficient and effective law enforcement. By taking affirmative steps to conceal crimes from authorities or hinder official criminal investigations, accessories after the fact are essentially committing a crime against the public authority. To be liable as an accessory after the fact, the defendant must have knowledge of the completed criminal activity and do something to conceal or hinder law enforcement investigation of the crime. Mere knowledge of completed criminal activities is not enough because there is no legal obligation to report criminal conduct. But when a person has knowledge of criminal activities and takes affirmative steps to conceal them, then that person has committed a crime against the public by interfering with the efficient and effective investigation of criminal conduct. One notable exception to accessory after the fact liability arises when family members are involved. Some statutes exempt family members from accessory after the fact liability. This exemption is due to the difficulty associated with proving that family members acted with the necessary knowledge and intent to conceal criminal activity as opposed to simply engaging in innocent family activities. For example, the parents of a teenager who returns to the family home after committing an armed robbery would probably not be considered accessories after the fact to the teen’s crime. Presumably, the parents are simply engaging in the innocent activity of allowing their son to stay in the family home rather than acting with the intent to conceal his criminal activities. In any event, there would be serious difficulties with attempting to establish the parents’ knowledge and criminal intent, given the nature of normal family interactions. Conspiracy To KillConspiracy is largely a crime of the mind, a meeting of the minds to commit a criminal act. At common law, the crime of conspiracy required only that there be an agreement to commit an offense, coupled with the intent that the offense be committed. However, because of the inherent difficulties with proving criminal intent when the crime is primarily mental in substance, modem statutes have added the requirement of an overt act. The Crime Of Covering UpA person may be responsible for the criminal conduct of another if he or she assists, encourages or facilitates that conduct with the intent that the crime be committed. As discussed in the section on aiding and abetting liability, the assistance or encouragement must occur prior to or at the time the crime is committed. Furthermore, the person providing assistance need not be present during the commission of the offense, as long as he or she has provided some assistance or encouragement with the intent that the crime be committed. Occasionally, however, some individuals provide assistance after the crime has been completed. Although such assistance is a criminal offense, it is considered quite different from assistance provided before or during the offense. Your Right To Remain SilentWhen the police arrest you for a crime, remain silent. Do not say thing to them even if they question you. Ask them that you be allowed to speak to your South Salt Lake Utah criminal defense lawyer. The lawyer will ensure that you don’t get convicted for a crime you never committed. South Salt Lake City Utah Criminal Defense Attorney Free ConsultationWhen you need legal help to defend against criminal charges in Utah against you, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help with Misdemeanor Crimes. Felony Crimes. Assault. Battery. Theft Crimes. Grand Larceny. Drug Crimes. Sex Crimes. And More. 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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What If the Executor Does Not Probate The Will? via Michael Anderson https://www.ascentlawfirm.com/criminal-defense-lawyer-south-salt-lake-utah/ Utah Code Section 30-3-35 deals with child custody. If you are in the midst of a divorce, it’s important that you consult with an experienced Utah child custody attorney. The court will not automatically grant custody of your children to you. Best Interests Of The Child TestBeginning in the 1970s, custody statutes began to enumerate factors to guide a “best interests” determination, or to adopt presumptions that would all but dictate the outcome in certain types of cases. Typical factors range from parental age and health to earning capacity, ability to nurture, and living arrangements. Children of a certain age might get to voice an opinion, too.10 This does not eliminate judicial discretion, but it narrows the inquiry at least somewhat. At the same time, the maternal preference—formally recognized in some states, but informally lurking virtually everywhere—gave way to a gender-neutral standard in the 1970s. The ban on sex discrimination in the 1970s made it difficult, if not impossible, for states to defend sex-based classifications. The maternal preference was held to be unconstitutional, in favoring women and penalizing men who might be equally good parents. As the Utah Supreme Court wrote in a 1986 opinion, the “tender years doctrine was perhaps useful in a society in which fathers traditionally worked outside the home and mothers did not,” but it was now “unnecessary and perpetuates outdated stereotypes.” Legal Custody and Physical CustodyUnder the law, custody has two distinct components. Legal custody gives a parent the legal authority to make decisions about a child’s upbringing. Physical custody is the right of a parent to maintain physical control of a child. The children of a divorced couple live with the parent who is awarded physical custody. An award of sole custody grants control of a child’s life to one parent. That parent’s home becomes the child’s legal residence, and the child becomes that parent’s legal responsibility. Divided custody is an arrangement allowing children to live with each parent for part of the year. The parent with whom the children are residing at any given time has legal custody. Split custody is an allocation of parental rights in which each parent is granted sole custody of some of the couple’s children. Joint custody theoretically grants both parents equal legal rights and responsibilities. A variety of residential options are possible under joint custody, including bird’s nest custody—an arrangement allowing the children to remain in the family home while the parents take turns moving in and out. Sole Custody and Joint CustodyCustody awards traditionally were of only one type: one parent was awarded sole custody, and the other was perhaps awarded “visitation.” Sole custody basically meant decision-making power over all aspects of the child’s life, and physical responsibility for all aspects of a child’s care. But this arrangement often meant that relationships with the other parent were apt to deteriorate or disappear. With joint custody, parents can share “physical” or “residential” custody so that children go back and forth from house to house (or, in some cases, the parents go back and forth between the custodial house and another residence). Or they may just share “legal” custody, that is, both parents have a say in important decisions about education, religious training, and medical care. Joint custody is in many ways harder to establish and maintain than the traditional arrangement. Parents must have the capacity to make decisions together—even though, after all, they have recently gotten a divorce. They must be able to afford two of everything—beds, clothes, toys, musical instruments, bikes— so that children do not feel they are living out of a suitcase. They must live close enough to each other so that the back-and-forth travel is manageable for children and parents. And the children themselves must be secure and stable enough to handle all the moving around. On the other hand, fathers with joint custodial rights are more likely to pay child support. Children clearly benefit in most cases through stronger ties with both parents. But divorcing families are not all alike; and legislatures eventually decided to give back to the judges some of their discretion in deciding where the children’s best interest lies. Courts may consider what the parents want, what they can do, what the children want (if they are old enough to have a say), the money situation, geographical issues, what will and what will not disrupt the children’s education and social lives, and so on. Utah Court Decisions On Child CustodyA child custody lawsuit is unlike any other. The judge has to decide on an unusual and difficult question. While most lawsuit rely heavily on the documentation of facts that are relevant to the case, a child custody lawsuit involves detailed subjective judgement on the caregiving competence of the parents. Prior cases cannot be the sole basis for deciding a child custody lawsuit. Each child custody lawsuit is different and they must be decided on a case to case basis. The judge has to consider the unique nature and circumstances of the husband, wife and the children. The judge also must consider the long term implications of the final custody award that will be passed while at the same considering the future (unpredictable) financial condition of the spouses and the developments needs of the children. Judges are provided few explicit decision-rules to determine what a child’s best interests are, much less rules that take into account a child’s changing developmental needs. Even when statutes provide broad guidelines defining the child’s best interests, these guidelines are seldom very explicit and judges are offered no guidance concerning which of these interests are most important in determining custody. This leaves judges broad discretion in defining these interests, with the result that custody awards can be determined on the basis of highly subjective criteria that may vary widely on a case-by-case basis. A fundamental question, for example, concerns which of the child’s many “interests” should predominate in a judge’s deliberations over a custody award. Fundamentally, of course, children require the basic necessities that promote physical well being: adequate nourishment, a warm, safe home environment, sufficient health care, clothing, and an interpersonal environment that is not overtly abusive or oppressive. In the adjudication of child custody disputes, however, judges frequently rely on subjective judgments of a parent’s caretaking style that are often based on personal values and beliefs. Sometimes these judgments concern the “moral climate” of the home. In some cases, a judgment is based on a parent’s occupational commitments, political affiliations, expectation of remarriage, or economic circumstances rather than his or her relationship with the child. There will be cases in which both parents present evidence that they have served equally as primary caretakers, and the child is emotionally attached to both. Then the judge must look to some other factor to break the tie. Or there may be evidence that the child is not emotionally attached to the primary caretaking parent but rather to the other parent. With very small children this is not usual, but it is possible in the case of a seriously emotionally detached parent. The primary parent preference simply means that a judge cannot be arbitrary and must look first to actual parenting. Unlike divorce, child custody is not a legal event that can be negotiated or fought over and ultimately settled within a year or two. Legal custody lasts until the child reaches adulthood. Even if you have been granted custody, your spouse can later apply to the court to have the custody changed. Courts impose custodial arrangements typically without regard to the age of the children and without reference to the available developmental research. Although custody orders theoretically can be modified at the request of a parent, this difficult option is rarely exercised and custody arrangements for the most part remain fixed no matter what the child’s age. Modification of custody orders requires significantly changed circumstances. The changing needs of the children alone are not considered changed circumstances for modification purposes. Criteria For CustodyMost family court judges rely on some combination of the following criteria: • The Parents’ Wishes – A court will almost always approve custody provisions that the divorcing couple have designed themselves. Parental agreements do not, however, deprive a family court of its power to act in the best interests of the child. Occasionally, courts use this power to alter or overrule a divorcing couple’s custody arrangements. Not surprisingly, a judge is unlikely to award custody to a parent who is not prepared for custodial responsibilities or whose stated desire for custody seems to be based on financial gain or personal satisfaction rather than a child’s interests. • The Child’s Preference – A child’s wishes are given more or less weight, depending on the child’s age, education, and demonstrated maturity. In some states, a child’s custodial preference cannot be considered unless the child is at least twelve years old. In a few states, a child’s preference must be honored if the child is fourteen or older. • Siblings – While courts overwhelmingly prefer to keep siblings together, circumstances frequently arise that warrant split-custody decisions. Siblings who constantly fight are often separated at the request of their parents. To honor children’s wishes, a father is sometimes awarded custody of an older son while his daughter continues to live with her mother. • Environmental Stability – A child’s comfort in and satisfaction with home life, school, friends, and daily activities are significant considerations for most family court judges. Divorce itself is a traumatic disruption to children’s lives; courts are reluctant to approve custody requests that are likely to result in additional anxiety and destabilization. A child’s “established living pattern” in a familiar home, school, community, and religious institution should be altered only if there is a compelling need to do so. • Violence or the Threat of Violence – No family court should knowingly allow a child to be exposed to domestic violence or the threat of violence. It doesn’t matter whether the violence, or the threat, is directed against the child or against someone else. A potential for violence based on past conduct is usually considered a valid indicator of future danger. • Mental and Physical Health – If a child suffers from a mental or physical disability, the court must decide which parent can best meet the child’s special needs. The physical and mental health of the divorcing parents also comes under close scrutiny. Mental illnesses or physical impediments severe enough to endanger a child or debilitating enough to deprive a child of a parent’s care and companionship will almost always hamper a parent’s chances for custody in the eyes of the court. Evidence of rehabilitation can mitigate these concerns. • Lifestyle – A family court evaluates a wide range of factors in its attempt to determine the effects (both positive and negative) that parents’ lifestyles are likely to have on the well-being of children. Courts do not generally look kindly on parents who engage in criminal activity, substance abuse, sexual misconduct, promiscuity, or homosexuality. Cohabitation is viewed harshly by some courts, barely noticed by others. The time that each parent’s lifestyle leaves available for child-rearing activities is also closely examined. A parent willing to revamp a daily work schedule to devote more time to child care has a clear advantage over a parent whose days and nights are consumed by the demands of a career. Because medical science has recently made clear the dangers of secondary smoke, a non‐ smoking parent is often preferable to a smoker. • Everything Else – The majority of family court judges will consider any and all information presented to them in their attempts to determine what is—and what is not—in the best interests of a divorcing couple’s children. An experienced Utah Child Custody attorney is your best friend in your child custody battle. Utah Child Custody Lawyer Free ConsultationWhen you have a child custody battle in Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with paternity cases. Child Custody. Child Support. Back Child Support. Child Support Modification. Child Custody Modifications. Grandparent’s Rights. Divorces. And much more. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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South Jordan Utah Bankruptcy Lawyer via Michael Anderson https://www.ascentlawfirm.com/child-custody-rights/ As a property owner you should never draft a construction contract by yourself. Always seek the assistance of an experienced Farmington Utah real estate lawyer. A default termination is the property owner’s way of telling the contractor that he has breached the contract. In a default termination, the property owner assumes the risk of having the termination converted to one for convenience if it is wrong and the contract so provides. When the property owner actually issues the termination notice, it runs that risk. It takes only one valid defense to void a default termination, and impossibility of performance is a classic defense to a breach of contract action. Although actual or economic impossibility may excuse nonperformance, mere performance difficulties will not provide a basis for relief for the contractor. If other contractors, manufacturers, or producers have demonstrated the capacity to accomplish the objective of the contract, a defaulting contractor’s inability to perform is not a sufficient basis to establish impossibility. Performance difficulties arising during the term of the contract present questions as to whether the contractor or the property owner should bear the responsibility for unanticipated burdens. Either the property owner or the contractor may assume a risk of performance under the contract, including the risk of impossibility of performance, and the relative expertise of the parties regarding the subject matter of the contract will typically suggest which party assumes a particular risk. A contractor who suggests a method of performance that is accepted by the property owner is deemed responsible for its success in the absence of an express assumption of responsibility by the property owner. Similarly, performance specifications place responsibility on the contractor for establishing methods and procedures to accomplish the objectives of the contract. Performance requirements beyond the state of the art, however, may exceed the contractor’s promise, unless he has expressly assumed that risk. The contractor is obligated to perform that which he has undertaken. Mere performance difficulties, short of actual or economic impossibility, will not excuse a contractor from performing his promise. On the other hand, the risk of impossibility may have been assumed by the property owner if it provides detailed design specifications, under the theory that the property owner warrants that satisfactory performance is possible if the contractor complies fully with the specifications. When defective specifications are followed and satisfactory performance does not result, the contract may be considered impossible to perform. By insisting on its design specifications, particularly in the light of known deficiencies, the property owner accepts the responsibility for their impossibility. If the property owner requires performance by other than the specified means, the contractor may recover excess costs incurred in attempting to perform according to the change. The doctrine of impossibility is concerned primarily with those situations where extra work is performed by the contractor because the requirements of the specifications could not be accomplished without an inordinate expenditure of resources. For the contractor to recover under such circumstances, it is not essential to demonstrate actual impossibility. Rather, a showing that it is practically impossible to produce the desired object of the contract will generally suffice. Fundamentally, the doctrine of impossibility involves two essential elements: (1) that the work is not within the contractual objectives agreed to by the parties; and (2) that the costs and difficulty of the work render the work commercially senseless. Thus, in legal contemplation, something is impracticable when it can only be done at an excessive cost. The excuse of legal impossibility is only available where, under property owner specifications, failure to perform is due to the circumstance that no way is known in industry how to manufacture the supplies in question according to the specified design or performance characteristics. If the contractor knew, or should have known, from the nature and object of the contract that compliance with specifications might be impossible to attain, the contractor is generally held to assume the risk of that impossibility. This is particularly so if performance is based on the contractor’s specifications, or if the contractor is deemed to have superior expertise. Under such a contract, the contractor’s obligation goes beyond the mere duty to exercise the skill and competence of ordinary prudent and skillful craftsmen engaged in a similar field or enterprise; his obligation does not stop until performance is reached, and if the task is impossible, he must bear the cost attributable to nonperformance. In those instances where the contractor represents that he possesses more than ordinary expertise and capability, assuring the property owner that he has developed novel and revolutionary technical processes, and the Property owner awards a contract to him in reliance on such assurances, the contractor must bear the responsibility for failure to perform. The invitation to an unexperienced contractor to entangle himself in this briar bush may be deemed morally reprehensible. But it cannot be and is not denied that the law allows the property owner to do it if it disclaims any warranty by clear and unambiguous language. This is particularly so where the contractor knew that the specification requirements were beyond the state of the art and commercially impracticable. Even assuming that the contractor did not assume the risk of impossibility, he must prove that the specifications were beyond the state of the art or impossible. For relief to be granted for impossibility, the contractor must show that the nature of the performance he promised was commercially senseless, not only to himself, but also to other manufacturers. There can be little sympathy for contractors who seek refuge behind the label of commercial senselessness (impractica¬bility) without proof that they have made an effort to obtain performance in an alternative fashion. When a contractor has no way of knowing essential information concerning the performance of his contract and the property owner has such information, the property owner has an affirmative duty to disclose such knowledge if that knowledge is vital to contract performance. Failure to fulfill that duty could constitute a breach of contract by the property owner. However, there is no obligation for the property owner to put a contractor on notice of every difficulty a procuring agency believes the contractor might encounter during contract performance or for it to share every bit of information it has, whether or not the contractor requests such information. To sustain an allegation that the property owner has violated its duty of disclosure by withholding superior knowledge, the contractor must show that the property owner in fact possessed such knowledge and that it was vital to contract performance. Where the property owner has made no misrepresentations, has no duty to disclose information, and does not improperly interfere with performance, a fixed-price contractor bears the burden of unanticipated increases in costs. There are many contracts–where the contract generally relates to known or standard products, or where the ratio of actual and potential knowledge definitely favors the contractor, or where a contractor can reasonably be expected to seek the facts for himself–in which the property owner may be under no duty to volunteer information in its files. The sorting out of duties arising from a conflict between the contractor’s assumption of risk in bidding on a contract without thorough inquiry and the obligation of the property owner to disclose factors of substantial influence on contract performance depends on three general situations producing the problem; the property owner (1) may know, but conceal; (2) may not know, and not be charged with knowing, or (3) may not know, yet be legally charged with the knowledge because of its superior opportunity (or other factors warranting a bidder’s reasonable expectation). The earned consequences in the first and second instances are predictable, but in the third, the responsibility should be determined on the basis of the balance of fault and reasonable expectations, with the outcome dependent on the circumstances of the individual case. The risk can be shifted to the property owner where the property owner has some superior knowledge that it knew, or should have known, that the contractor did not possess, which would have aided performance, and that the property owner failed to disclose to the contractor. In the context of a duty to disclose, superior knowledge on the part of the property owner is material only when it is specific as to some fact that a contractor needs to know in order to produce an item that meets the specification and when it either is exclusive or is not reasonably available elsewhere. However, it would impose an unreasonable burden on the property owner to hold that it is under an implied contractual duty to put a contractor on notice with respect to all the difficulties that might be encountered in the performance of the contract. And if the superior knowledge is equally available to both property owner and industry, the property owner is not obligated to obtain such information and provide it to the contractor. If you are having issues with your contractor, consult an experienced Farmington Utah real estate lawyer. The lawyer will advise you on what you need to do to protect your interests. Farmington Utah Real Estate Lawyer Free ConsultationWhen you need legal help with a real estate case in Farmington Utah, call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with quiet title actions, evictions, boundary disputes, real estate contract disputes. Real Estate Opinion Letters. Title litigation. Title company representation. Real estate litigation. And much more. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What Assets Are Subject To Probate? South Jordan Utah Bankruptcy Lawyer via Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-farmington-utah/ Probate is the lawful procedure to guarantee the last will and confirmation of an individual is pursued for the dispensing of their home when they become expired. Each state is permitted to make their own resolutions for probate. These rules oversee to what extent an individual needs to start probate, what marks and documentation are essential and what property must be incorporated into probate. Utah probate laws incorporate a rearranged probate framework which takes into account either formal or casual probate for a domain. In either case, the bequest will require an executor to deal with the way toward appropriating the advantages and paying lenders. It very well may be hard to tell which of the procedures is directly for your circumstance. It is ideal to work with an accomplished Utah probate lawyer who can enable you to choose if your bequest fits the bill for casual probate or on the off chance that it must experience the formal procedure. They will help you with documentation and guarantee you comply with time constraints and all prerequisites. To disseminate the benefits of the bequest, the probate procedure in Utah must be finished. It very well may be speedy and simple with casual probate or a lengthier procedure with formal probate. In either case, certain means must be taken. • An executor or administrator must be chosen by the court if not named in the will. The activity of this individual is to contact all gatherings keen on the domain and dealing with the home until probate is finished. • The executor will open probate either with a formal appeal to the court or an application to the court for casual probate. They should display the will to the court which will audit it to decide whether it is legitimate. • A stock must be directed by the executor which incorporates the dollar estimation all things considered. • The executor will tell loan bosses recorded as a hard copy and by distributing a notice in the paper. • All obligations, including charges, must be paid out of the bequest. • The court will settle on a choice on any arguments about the will. It is the activity of the executor to give budget summaries with respect to all activities to the court for endorsement. • Resources will be disseminated or sold and the assets dispensed between the heirs. When this procedure is done, the case will be shut. An accomplished probate lawyer in Utah can enable you to figure out what resources must experience probate. Utah has a casual probate process that enables you to travel through the means quicker. On the off chance that there is no genuine property, for example, land, and the benefits absolute under $100,000, you may fit the bill for casual probate. You can’t stay away from probate if there is any individual who is questioning the will. It is conceivable to keep away from probate in Utah on the off chance that you have arranged your domain in like manner with a living trust. With this choice, all benefits consequently move to the beneficiary recorded in the trust. Probate can be an expensive and protracted procedure, particularly with any debates. It can take months or even a long time to be settled. A living trust can dispense with these issues for the heirs. There are ways where you can access Utah legacy assets for which you are entitled in the will even before probate is finished. It is known as a probate advance, and heirs can get the cash in only a couple of days. The way toward getting a legacy advance is straightforward, and all data given is secure. There are no confinements on how you can utilize the cash you get. Probate Advance enables you to get your legacy cash now as opposed to sitting tight for a considerable length of time or years for probate to be shut. You will have no concealed charges or expenses and no installments or enthusiasm gathering on the cash. Your record of loan repayment will not be considered. Rather than trusting that months will get your legacy, you might almost certainly get it in only a couple of days. You can discover rapidly on the off chance that you meet all requirements for a loan on your legacy. On the off chance that you are a recorded heir to the domain, you might almost certainly get your cash in as meager as two days. You can utilize the assets to satisfy bills, to purchase another home or vehicle or to get away. It is your cash to spend as you wish and you might most likely get it in only 48 hours. You will need to demonstrate that you are a heir to a home for a probate advance in Utah. You will need the proper documentation that demonstrates this reality. You will likewise need to choose the amount of the assets you need to get now. You can get the cash in your ledger in only two days. In the State of Utah your executor’s duties may appear to be essential enough. She should present your will for probate and solicitation official arrangement. She should “marshal” your benefits, reviewing them and social occasion those that can be verified in a protected spot. She should tell your leasers that you’ve kicked the bucket and orchestrate them to submit claims for the cash you owed. After she pays them, just as any assessments for which you or your home are subject, she can appropriate your endowments to your beneficiaries. In any case, the overlooked details are the main problem – and a portion of these undertakings include due dates. The stock prerequisite includes submitting papers to the court in a convenient way. Further, the executor should for the most part furnish the court with a bookkeeping of all that she did during probate and every one of the sums she paid out for your benefit before she can close the domain. The probate court will in the long run notice if your executor neglects to turn in a bookkeeping or the official stock of your benefits by your state’s due date. Be that as it may, on the grounds that the court is taking care of a great deal of cases, in many states, the judge won’t meticulously manage each and every activity your executor does or neglects to do. Your beneficiaries may understand under the steady gaze of the court does that something is out of order, especially in the event that one of them knows that your picked executor is here and there not exactly capable about such things. Beneficiaries can watch the executor’s exercises since every one of her filings involve open record, accessible from the court representative. Your beneficiaries can carry the issue to the court’s consideration by documenting an appeal requesting that the judge request the executor to take certain activities and to set new, explicit due dates by which she should take such activities. On the off chance that your beneficiaries dread that your executor’s unreliability reaches out past simply missing documenting due dates, a few states enable them to present an appeal to the court asking that she give a quick bookkeeping. The judge can arrange her to submit one promptly, regardless of whether one isn’t statutorily legally necessary at that specific time. The report is like the one she would make toward the finish of the probate continuing, itemizing all that she did since her arrangement. In the event that she neglects to give the bookkeeping, this is justification for evacuation in many states. On the off chance that she submits it and it demonstrates that she accomplished something shockingly off-base, she could be held in hatred of court or even be requested to pay harms to the home. Most states, for example, Utah, will possibly expel the executor on the off chance that she accomplished something especially awful or unlawful; all things considered, your last wishes were that she serve in this limit, and a few courts might be moderate to abrogate your choice. Indeed, even in the condition of the Utah, be that as it may, unreliability is viewed as justification for repudiating an executor’s position. Your beneficiaries can record an appeal requesting her expulsion from office and the arrangement of another executor. You can even refer to terms for this in your will, taking note of how you need it cultivated and under what conditions, just as who you might want to venture in as the successor executor. The trouble confronting numerous executors is that, when tolerating the job, it may not be clear how complex the bequest is and how much work is required. Some bequest organizations are very direct yet others are exceptionally mind boggling. This unpredictability can emerge on the grounds that there is an absence of data or administrative work or beneficiaries might be hard to discover or it might emerge in light of the fact that there are numerous advantages or obligations or the Will sets up a trust. On the off chance that the executors are not experts, it is critical to comprehend that the lawful obligation and desire on them isn’t as high as though they were experts. A specific measure of room would probably be given on account of any cases for carelessness. Be that as it may, an executor would be required to show an essential degree of skill, for example, respects guaranteeing that any advantages are shielded, (for example, keeping up structure protection on a property) during the domain organization and not to act with undue postponement. As probate will characteristically take some time, in the event that you are a beneficiary and have motivation to be worried about the capability of the executor(s) there might be ways you can try to keep away from the circumstance deteriorating. It might be advantageous speaking with different beneficiaries to check whether they concur. Provided that this is true, a thoughtful methodology (on the grounds that during the organization, the beneficiaries don’t have especially solid rights to request data or co-task from executors so a cautious methodology is certainly called for) to the executor(s) offering assistance or proposing that the executor(s) utilize proficient exhortation to help with the home organization (and that the beneficiaries concur this should be payable from the domain) may help. It might be that the executor(s) are calmed to be unburdened in light of the fact that once an executor acknowledges an arrangement and begins the procedure, leaving is certainly not a basic procedure. Rubbing can without much of a stretch emerge with probate. Notwithstanding managing the feelings of a mourning, beneficiaries can end up disappointed in the event that they don’t comprehend the procedure or postponements and complexities and numerous executors don’t envision delays either or are unpracticed. On the off chance that the executors, at that point get what are seen as preposterous or unreasonable requests from beneficiaries, human instinct regularly brings about a reaction which is terse or unhelpful. The Executors are will undoubtedly disperse the domain of the perished to the beneficiaries before the expiry of a half year after the demise of the departed benefactor. This does not make a difference to installment of the favored obligations. In a basic case, probate may possibly take a couple of months if the executor makes it a need to manage all the desk work as fast as would be prudent. A timescale of 6 to 9 months is increasingly regular, yet especially confused bequests or contested wills can take a year or more. Under the present guidelines, every residuary beneficiary of the bequest are qualified for a duplicate of the home records. Be that as it may, in the event that you are not a beneficiary or you are acquiring a particular inheritance just you are not qualified for a duplicate of the domain accounts. Executors and Administrators have an obligation to act commonly and in accordance with some basic honesty, notwithstanding when they themselves are Beneficiaries or identified with a Beneficiary. Difficulties can likewise incorporate:- • trouble distinguishing every one of the advantages and liabilities, for instance if the expired did not keep clear records • issues identifying with monetary issues, for example, if the expired was a beneficiary of a trust or had made noteworthy endowments during the seven years before death • postponements or challenges acquiring valuations, maybe resources are held abroad or there might be resources, for example, privately owned business shares which are not direct to esteem • questions concerning who is qualified for case against the bequest • troubles in discovering beneficiaries • where the perished has obligations and it isn’t promptly evident whether there might be different obligations Probate Attorney Free ConsultationWhen you need legal help with a probate in Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with Estate Planning. Probate Law. Estate Administration. Will Contests. Estate Litigation. Wills. Trusts. Charitable Planning. And Much More. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Family Lawyer North Salt Lake Utah via Michael Anderson https://www.ascentlawfirm.com/what-if-the-executor-does-not-probate-the-will/ According to the American Heritage Dictionary, bankruptcy is a voluntary petition where you are judged to be legally insolvent. This basically means that you lack the money to pay your debts. People file for protection under bankruptcy laws for a number of reasons. Some of the more common include credit card debt, job loss, medical bills, divorce or bad financial management. Bankruptcy may be your choice or forced upon you by creditors. It can cause debts to either be eliminated or repaid under the direction of the bankruptcy court. If you are considering bankruptcy filing, consult with an experienced South Jordan Utah bankruptcy lawyer. For individuals, there are two basic types of bankruptcy: Chapter 7 and Chapter 13. Those designations refer to their particular chapters within Title 11 of the United States Code. Chapter 7 is often referred to as liquidation because it allows certain debts to be eliminated. In some cases, property may be sold to pay down debts. But some states prohibit the selling of certain assets such as cars and houses for Chapter 7 bankruptcy purposes. In states where cars are not exempt, they can be repossessed, but the consumer has the right to continue making the payments. It’s important to understand that bankruptcy doesn’t wipe away all debts. Items such as child support, tax obligations and student loans are typically not forgiven. Chapter 13 is referred to as reorganization. This type of bankruptcy allows filers the chance to repay debts by adjusting loan terms. If you have a debt such as a mortgage payment, Chapter 13 gives you the option of catching up on missed payments by spreading the debt out over a longer period of time. The length of repayment depends on the amount owed. Credit counselors must be approved by the U.S. Trustee Program, which oversees the bankruptcy courts in the United States. Consumers receive counseling on budgeting before and after filing. There are changes to Chapter 7 bankruptcy, too. It’s no longer an automatic way to eliminate debts. First, the law exempts certain living expenses like food and rent/mortgage payments from a formula to determine whether a consumer can afford to pay a portion of unsecured debt like credit card bills. Next, your income will be compared to the state median. If it exceeds that amount, you will not be allowed to file a liquidation bankruptcy. This is to ensure that consumers who can afford to repay a portion of their debts do so through a Chapter 13 bankruptcy rather than totally walking away from what they owe. One last note on the changes is the increase in attorney’s fees. The new laws require that more data be obtained, and lawyers are required to vouch that the information submitted to the courts is accurate. Therefore, lawyers’ fees may become higher. If it is discovered that information the lawyer reported to the bankruptcy court is false, legal action can be taken against you and your lawyer. The purpose of the laws is to promote good financial management skills. Many people have not been taught how to properly manage their personal finances, and the government’s hope is that good credit counseling will get folks back on the right track and help them avoid filing for bankruptcy again in the future. Keep in mind, bankruptcies can remain on a credit report up to 10 years. This can make it difficult to obtain credit in the future. As I mentioned earlier, you can contact creditors directly if you are unable to make payments on time, and you can set up a repayment schedule without going to credit counselors or filing for bankruptcy. Bankruptcy Or Wage GarnishmentThe Internal Revenue Service (IRS) uses many methods to collect tax debts. Wage garnishment is a common method used by the IRS. If you owe tax debts to the IRS and you are a salaried employee, the IRS is most likely to garnish your wage in an attempt to recover the tax dues. When IRS garnishes your wage, your employer has to give a part of your wage directly to the IRS before paying you. The IRS will let you keep a portion of your wage to meet your basic expenses. The wages garnishment will continue until the IRS has collected enough money to clear your tax debt. Garnishment ProceduresThe IRS will not garnish your wage all of a sudden. You will get enough notice to know that it is coming. You will first receive a notice of past tax dues. You will have 10 to 30 days to clear the dues depending on the type of tax owed. If you do not pay the tax dues or reach a compromise with the IRS, you will receive a “Final Notice of Intent to Levy”. You will also receive a notice informing you of your rights. If you do not pay up within 30 days from the date of the notice, the IRS will take steps to garnish your wages. Preventing GarnishmentsIf you receive a notice from the IRS informing you about their intention to levy your wage to collect tax debts, consult with an experienced South Jordan Utah bankruptcy lawyer. The attorney can help you prevent a wage garnishment. The attorney can contact the IRS on your behalf and negotiate with the IRS for a settlement. You can settle your tax debts with the IRS but you must negotiate in good faith. You must contact the IRS within the time period specified in the IRS notice. When you are staring at the prospect of a wage garnishment you will most likely be under a lot of stress. You should therefore leave the task of negotiating with the IRS to your attorney. The attorney will know the rules for settling a tax debt. If you enter into an offer in compromise or an installment agreement with the IRS, the IRS will not levy your wage. Also if you file an appeal against the decision to garnish your wages within the appeal period, the IRS will not garnish your wages until the appeal is decided. Getting Legal HelpYou can stop a wage garnishment by filing for bankruptcy protection. You can discharge your tax debts in bankruptcy and the automatic stay will prevent the IRS from taking further steps. However this will apply only in case of income tax. You must have filed a return for the tax year in question and the return must have been filed at least two years prior to your bankruptcy filing. Speak to an experienced South Jordan Utah bankruptcy lawyer to know how you can prevent garnishment by filing for bankruptcy. Chapter 13 Bankruptcy LawyerA Chapter 13 bankruptcy is essentially the repayment of the debts according to the terms of a repayment plan. The debtor continues to retain all of his or her assets unlike a Chapter 7 where all of the debtor’s non-exempt assets are sold by the trustee to repay the creditors. The benefit to the debtor is that most of his assets are protected under Chapter 13. Repayment Plan LawyerThe objective of a Chapter 13 is reorganization. This is different from a Chapter 7 bankruptcy where the main objective is liquidation. Chapter 13 is for debtors having a regular source of income who can repay their creditors over period of time under a repayment plan. Since the debtor will be making the payments under the plan (generally 3 to 5 years in duration), there isn’t much incentive to liquidate the debtor’s assets. A Chapter 13 debtor continue to retain possession and control of his or her assets subject to certain exceptions. The value of the debtor’s assets will determine which of the assets are considered exempt under bankruptcy laws and also for determining the payment schedule under the repayment plan. The value of the non-exempt assets of the debtor is used as a base line. For example if the value of the debtor’s non-exempt assets is X dollars, then the minimum repayment the debtor must offer under the repayment plan will be X dollars. If you are considering filing for bankruptcy, please check with your state law. In such states you can choose between federal and state exemptions which allows you to opt for the one that offers you the maximum benefit. Exempt Property In BankruptcyBoth federal and state bankruptcy laws provide for exempt properties. In some states, the debtor can choose between the two. Generally there is a cap on the value of certain exempt property. Generally the following properties subject to ceiling in some cases are considered exempt: • automobiles; • debtor’s primary residence • personal items • household items and furniture; and • jewelry. Depending on your circumstances, there may be certain assets which you can claim as exempt when you file a bankruptcy petition. This can depend on many factors including your applicable state laws and whether you are filing as an individual or jointly with your spouse. Seek the assistance of an experienced South Jordan Utah bankruptcy attorney to determine your best options. What Happens After A Chapter 7 Bankruptcy?What happens after Chapter 7 bankruptcy can vary from case to case. To a great extent, it will depend on the debts that are discharged by the Chapter 7 bankruptcy. Debts That Survive A Chapter 7 BankruptcyA Chapter 7 bankruptcy will discharge most unsecured debts including credit card debts. However some debts survive a Chapter 7 bankruptcy. These include: • Tax debts (local, state and federal) • Tax liens (federal) • Alimony • Certain tax advantaged retirement plans • Payments towards personal injury or wrongful death awards • Penalties and fines for violation of the law • Cooperative housing fees Some debts that survive a Chapter 7 bankruptcy may be discharged under a Chapter 13 bankruptcy subject to certain exceptions. These include: • Tax obligations that are non-dischargeable • Property settlement arising from a separation or divorce proceeding • Payments for property damage Bankruptcy On Tax DebtsA Chapter 7 bankruptcy can discharge a tax debt subject to the following requirements: • The debt is an income tax debt. Other tax debts generally survive bankruptcy • The debtor did not commit willful evasion or fraud • The debt is not less than 3 years old • The debtor has filed a tax return • The debt was assessed by the IRS or not assessed at all. If the debt was assessed, it must have been assessed at least 240 days before the filing. Student Loan DebtStudent loans generally survive a Chapter 7 bankruptcy. However the debtor can apply for a hardship discharge. The debtor must show that paying the debt would cause undue hardship to the debtor and his or her dependents. The debtor must also demonstrate his or her inability to make the payments at the time of filing the bankruptcy petition and in the future. Debtors who are disabled and unable to work will generally be given a hardship discharge. Debtors who file a Chapter 13 bankruptcy can include the student loan in the repayment plan. IRS Audit LawyerThe law does not specifically require the IRS to pay special attention to bankruptcy filers. It would be practically impossible for the IRS to monitor everyone who files for bankruptcy. The IRS mainly targets those who do not file their tax return or file incorrect returns or evade taxes. Child Support LawCertain debts will not be wiped out in bankruptcy. Child support obligations are one of them. Child support debt is a priority debt and must be paid in full. The debtor continues to remain liable for child support obligations. If you are considering bankruptcy speak to an experienced South Jordan Utah bankruptcy lawyer. The lawyer will explain to you the debts that will be discharged in bankruptcy. Bankruptcy Lawyer South Jordan Utah Free ConsultationWhen you need legal help to stop foreclosure, stop a tax levy, stop a wage garnishment, or to get your car back after a repossession, please call Ascent Law LLC (801) 676-5506 for your free bankruptcy consultation.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
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