As of December 30, 2021, the chapter 7 Voluntary Petition for Bankruptcy filing fee in Utah is $338.00. Debts That Can and Can’t Be Discharged in Chapter 7 BankruptcyChapter 7 should dismiss most of the debts you owe, but there are some hard-and-fast debts that can’t be discharged in Chapter 7. When to File Chapter 7 Bankruptcy?There are several warning signs that you should be considering Chapter 7 bankruptcy. Five strong signs that indicate filing for Chapter 7 may be the right solution include: How to File Chapter 7 BankruptcyThe most important factor in filing Chapter 7 bankruptcy is finding an experienced bankruptcy attorney. Once you decide on an attorney, you can refer creditors to your lawyer’s office. Filing the petition will trigger an “automatic stay,’’ which means creditors can’t pursue lawsuits, garnish your wages or contact you about your debts. If you’re qualified, it will take 4-6 months to complete the bankruptcy process. Here are the steps you must take when filing for bankruptcy:1. To start the process, the debtor must fill out a long series of forms that detail records of assets, liabilities, income, expenses and overall financial standing, plus any existing contracts or leases in the debtor’s name. 2. Pre-bankruptcy credit counseling ($50) is the next required step for debtors filing under Chapter 7. These courses typically are offered by nonprofit credit counseling agencies, which look at your financial situation to determine if there are other avenues (debt management, debt consolidation, debt settlement) that could resolve the issue without having to file bankruptcy. 3. If it’s determined that bankruptcy is your best solution, then you, or your attorney, must take the forms you filled out in Step 1 and file a petition for bankruptcy at the local bankruptcy court. 4. From there, it’s time to reach into your wallet (what’s left of it) and start paying for the process. Some of the bills you must pay include a petition filing ($335), court fees (which vary by state) and attorney fees (the national average for Chapter 7 bankruptcy is $1,250, according to the National Bankruptcy Forum). Bankruptcy involves a lot of paperwork, which becomes public record. Bankruptcy court participants are generally featured in newspapers and online, so there’s a potential loss of financial control and privacy. 5. Once your case has been filed, the court will appoint a bankruptcy trustee to oversee the accuracy of the documents you filed. The trustee will want to see copies of bank statements, paycheck stubs, tax returns, etc. to verify that your documents are accurate. 6. The next step is a meeting with the trustee and creditors, if any creditors decide to pursue the debts you are trying to discharge. The trustee (and possibly the creditors) may have questions about some of the documents you filed and you are required to answer. The trustee has 30 days for objecting to property the debtor wants the right to retain. Other creditors have 90 days from the meeting to file a suit alleging that their debt should not be eliminated in the bankruptcy. It’s possible the trustee will say the Chapter 7 case should have been filed as a Chapter 13. 7. The next step is to make sure that if you made promises about secured debt usually a home or automobile you fulfilled those promises. 8. Then comes a second counseling session called “debtor education.” These also are administered by nonprofit credit counseling agencies who try to teach you ways to handle debt so you don’t wind up back in court again. 9. If all goes well and in the vast majority of cases it does, the judge will discharge your qualified debts and you no longer have a legal obligation to pay them. Preparing for Chapter 7 BankruptcyThere’s some protocol to follow in the months before filing for bankruptcy. Failing to follow these instructions could undermine your efforts. Don’t Pay Creditors: It seems counterintuitive and you should definitely make routine payments. But any large or unusual payments could be viewed as “preferential transfers.’’ That means one creditor has benefited unfairly over others. No New Debt: A new creditor could claim you took out a loan or ran up the balance on a credit card without intending to pay it back. Legally, that’s fraud and it will not be forgiven. No Unusual Transactions: Don’t stray from the routine. Don’t transfer titles of cars or homes. Don’t buy luxury goods. Don’t transfer your business or remove your name from it. They can all be classified as fraud. Be Truthful: You are required, while filing for bankruptcy, to provide full and complete information. You must disclose any debt, assets, accounts or other financial information. Failure to comply could lead to fraud and potential criminal charges. Don’t Touch Retirement Funds: You are generally allowed to keep retirement plans and accounts, so keep them safe while considering bankruptcy and don’t use those funds to pay down debt. Use Common Sense: You should not file for bankruptcy if you’re about to receive a large sum of money, such as an inheritance. You could use that money to pay down your debts. Otherwise, if you’re involved in a bankruptcy process, that money could be seized by a court representative to pay your debts. Pros of Chapter 7 It will prevent your lenders from aggressive collection action. Chapter 7 is easily understood and explained to curiosity-seekers and future lenders. Sure, they might have questions about bankruptcy and how it will affect your credit. But if you talk yourself out of Chapter 7 when it could be the right decision, consider a future of trying to explain your missed debt payments, defaults, repossessions and lawsuits. And yes, all of those will hurt your credit, too. You will be forced to be more disciplined financially. If you ever intend to borrow money again, you will need to be frugal and demonstrate responsibility in repaying debt. Even though you might be able to open new lines of credit anywhere from one to three years after filing for bankruptcy, the interest rates will be much higher. Demonstrating ability to pay those debts on time is the only way to get the interest rates down. In many states, exemptions will allow you to keep many of the things you own, including more property than you probably need. After you file, you will be able to keep any salary you earn and any property you purchase. Take a look at the chapter 7 home equity exemption to see if your house is at risk. Whether you are successful with your chapter 7 bankruptcy or not, you are able to file bankruptcy again after the time limit has passed. Cons of Chapter 7 The bankruptcy impact on your credit score. Chapter 7 bankruptcy can remain on your credit report for up to 10 years though if bankruptcy is a viable option, chances are your credit is already tarnished. You will lose all of your credit cards. You may lose luxury possessions, like a boat or second home, depending on how much equity you have. You will need to wait 2-4 years (depending on the type of loan) before you are able to get a mortgage. It won’t automatically relieve you of student loan debt or obligations to pay alimony and/or child support. Chapter 7 Attorney FeesThe attorney fees associated with bankruptcy are entirely up to the individual attorney, and for a Chapter 7 case can range anywhere from $1100 to $2400, generally hovering between $1100 and $1400. Bankruptcy attorney fees are separate from court filing fees, so keep that in mind when you are getting quotes from attorneys and be sure to ask if they have included that other fee. Attorney fees are of course going to be something you think about when looking for a lawyer. Keep in mind, however, that discounted products may not work as well as the original and the same goes for attorneys. Our rates may be a little higher than some others, but we have decades of experience in the field of bankruptcy law and know how to make those laws work best for you. Chapter 13 Attorney FeesThe attorney fees for a Chapter 13 claim will be different than if you were to file Chapter 7. These fees are actually set by the Utah bankruptcy court, so, unless your case is exceptionally complicated, they will be the same no matter what attorney you choose. Chapter 13 attorney fees vary slightly depending on your income and the kind and amount of debt you are claiming, but it is generally going to run $3,250 to $4,000. The variable that does change depending on the attorney is how much you have to pay up front before your case is filed with the court. How does that make a difference? Here is the scenario: If you have a typical Chapter 13 claim, then your court-set attorney fee will be $3,250. You choose an attorney who charges $900 before filing your case, of which he will use $310 to pay the court fees and put the remaining $590 toward his overall attorney fees, bringing your new balance down to $2660. And what happens to that balance? It gets rolled in with all the other debt you are consolidating and your trustee will pay him out of your monthly payments. Whether they charge more initially or wait and get paid over time after your case, the attorneys make the same amount – it’s all about what you can afford and how you want to pay. Alternatives to Filing Chapter 7 BankruptcyIf you are wondering if you should file for bankruptcy, there are many nonprofit consumer credit counseling organizations that have the ability to negotiate more favorable terms with creditors. It’s particularly effective with credit-card companies. The repayment program will be managed expertly and fees could be avoided. • Debt Management Plan: Entering into a debt management program can provide relief from interest rates, late fees and penalties from creditors. Under a DMP, which is negotiated by credit counselors, you promise to pay back the full principal over time in an efficiently managed manner. The debt management program provides an organized monthly payment plan. It provides an opportunity to handle the debt more efficiently than trying to sort it out yourself. By keeping the payments on track, it will be good for your credit score. • Some caveats: There is generally an enrollment and maintenance fee and the DMP is never a guaranteed option. Creditors have no obligation to participate. • Debt Consolidation— This option reduces interest rates and combines all of your debts into one manageable monthly payment. Under debt consolidation, you take out a loan, which is used to consolidate and pay off all of your other debts. Debt consolidation companies are experienced at acquiring loans and finding the lowest monthly payment. With credit-card loans, the consolidated interest rate can be significantly less than what is being charged on each of your credit cards. A word of caution, though. Be sure to look for a dependable and experienced debt consolidation company (with at least five years of experience). Also, be wary of consolidating several unsecured loans into one secured loan. If you can’t pay back the loan, collateral items at stake typically include your home or car and you could lose one or both! • Debt Settlement: It’s a lump-sum settlement payment with creditors, although this option is generally a consideration only for people with very poor credit. It allows you to decrease the principal you owe while eventually retiring the debt. In most cases, you will around 50%-75% of the original debt. But it’s important to determine up front whether the company is charging a percentage of the debt as its fee or you could find yourself paying even more. Be aware that debt settlement is damaging to your credit score. Lenders often will report the debt as “settled for less than agreed’’ or “settlement accepted’’ for seven years. • Personal Loan for Bad Credit: Yes, you can get a personal loan with bad credit, depending on your situation. You can expect high interest rates and should only consider this option if you can truly afford the monthly payment. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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How To Do Estate Planning With An Attorney Bankruptcy Attorney Taylorsville Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-much-is-the-filing-fee-in-a-chapter-7-case/
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Bankruptcy is a legal proceeding in which an individual who cannot pay his or her bills can get a fresh financial start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all of your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law. Bankruptcy may make it possible for you to:• Eliminate the legal obligation to pay most or all of your debts. This is called a “discharge” of debts. It is designed to give you a fresh financial start. What Doesn’t Bankruptcy Do In Taylorsville, Utah?Bankruptcy cannot, however, cure every financial problem. Nor is it the right step for every individual. In bankruptcy, it is usually not possible to: • Eliminate certain rights of secured creditors. A secured creditor has taken a mortgage or other lien on property as collateral for the loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money if your property is taken. Nevertheless, you generally cannot keep the collateral unless you continue to pay the debt • Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, certain other debts related to divorce, some student loans, court restitution orders, criminal fines, and some taxes. • Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan. – Discharge debts that arise after bankruptcy has been filed. How Often Can I File Bankruptcy?You cannot receive a discharge in a Chapter 7 case if you received a discharge under a Chapter 7 case filed in the last eight years or a Chapter 13 filed in the last six years. You cannot receive a discharge in a Chapter 13 case if you received a discharge under a Chapter 7 case filed in the last four years or a Chapter 13 filed in the last two years. If didn’t received a discharge in the previous bankruptcy filing, depending on why this is the case, you can file and receive a discharge without any time restrictions. Different Types of BankruptcyThere are four types of bankruptcy cases provided under the law: • Chapter 7 is known as “straight” bankruptcy or “liquidation.” It requires a debtor to give up property which exceeds certain limits called “exemptions”, so the property can be sold to pay creditors. • Chapter 11, known as “reorganization”, is used by businesses and a few individual debtors whose debts are very large • Chapter 12 is reserved for family farmers. • Chapter 13 is called “debt adjustment”. It requires a debtor to file a plan to pay debts (or parts of debts) from current income. Most people filing bankruptcy will want to file under either chapter 7 or chapter 13. Either type of case may be filed individually or by a married couple filing jointly. In a bankruptcy case under chapter 7, you file a petition asking the court to discharge your debts. The basic idea in a chapter 7 bankruptcy is to wipe out (discharge) your debts in exchange for your giving up property, except for “exempt” property which the law allows you to keep. In most cases, all of your property will be exempt. But property which is not exempt is sold, with the money distributed to creditors. If you want to keep property like a home or a car and are behind on the payments on a mortgage or car loan, a chapter 7 case probably will not be the right choice for you. That is because chapter 7 bankruptcy does not eliminate the right of mortgage holders or car loan creditors to take your property to cover your debt. Chapter 13 Bankruptcy In Taylorsville UTIn a chapter 13 case you file a “plan” showing how you will pay off some of your past-due and current debts over three to five years. The most important thing about a chapter 13 case is that it will allow you to keep valuable property especially your home and car which might otherwise be lost, if you can make the payments which the bankruptcy law requires to be made to your creditors. In most cases, these payments will be at least as much as your regular monthly payments on your mortgage or car loan, with some extra payment to get caught up on the amount you have fallen behind. • own your home and are in danger of losing it because of money problems; • are behind on debt payments, but can catch up if given some time; (3) have valuable property which is not exempt, but you can afford to pay creditors from your income over time. You will need to have enough income in chapter 13 to pay for your necessities and to keep up with the required payments as they come due. What Does It Cost to File for Bankruptcy?It now costs over $300 to file for bankruptcy under chapter 7 and well over $300 to file for bankruptcy under chapter 13, whether for one person or a married couple. The court may allow you to pay this filing fee in installments if you cannot pay all at once. If you hire an attorney you will also have to pay the attorney’s fees you agree to. But also, all the payments depends on your attorney choice. In a chapter 7 case, you can keep all property which the law says is “exempt” from the claims of creditors. Utah exemptions provides list of the exemptions available for Utah. In determining whether property is exempt, you must keep a few things in mind. The value of property is not the amount you paid for it, but what it is worth now. Especially for furniture and cars, this may be a lot less than what you paid or what it would cost to buy a replacement. You also only need to look at your actual equity in any property. This means that you count your exemptions against the full value minus any money that you owe on mortgages or liens. For example, if you own a $50,000 house with a $40,000 mortgage, you count your exemptions against the $10,000 which is your equity if you sell it. While your exemptions allow you to keep property even in a chapter 7 case, your exemptions do not make any difference to the right of a mortgage holder or car loan creditor to take the property to cover the debt if you are behind on payments. In a chapter 13 case, you can keep all of your property if your plan meets the requirements of the bankruptcy law. In most cases you will have to pay the mortgages or liens as you would if you didn’t file bankruptcy. What Will Happen to My Home and Car If I File Bankruptcy in Utah?In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. Even if your property is not fully exempt, you will be able to keep it, if you pay is non-exempt value to creditors in chapter 13. However, some of your creditors may have a “security interest” in your home, automobile or other personal property. This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt. Bankruptcy does not make these security interests go away. If you don’t make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case. There are several ways that you can keep collateral or mortgaged property after you file bankruptcy. You can agree to keep making your payments on the debt until it is paid in full. Or you can pay the creditor the amount that the property you want to keep is worth. In some cases involving fraud or other improper conduct by the creditor, you may be able to challenge the debt. If you put up your household goods as collateral for a loan (other than a loan to purchase the goods), you can usually keep your property without making any more payments on that debt. Furthermore, many people believe they cannot own anything for a period of time after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within 180 days after your bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt. You can also keep any property covered by Utah bankruptcy exemptions through the bankruptcy. Will Bankruptcy Wipe Out All My Debts?Bankruptcy will not normally wipe out: Will I Have to Go to Court?In most bankruptcy cases, you only have to go to a proceeding called the “meeting of creditors” to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation. Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear before a judge at a hearing. If you need to go to court, you will receive notice of the court date and time from the court and/or from your attorney. Will Bankruptcy Affect My Credit?There is no clear answer to this question. Unfortunately, if you are behind on your bills, your credit may already be bad. Bankruptcy will probably not make things any worse. The fact that you’ve filed a bankruptcy can appear on your credit record for ten years. But since bankruptcy wipes out your old debts, you are likely to be in a better position to pay your current bills, and you may be able to get new credit. While technically not a credit card you could use a bank or debit card to perform activities for which you normally would use a credit card. You also may be able to keep the credit card you already have if the creditor grants approval. If these options do not work you can get secured credit card which is backed by your own bank account. I’m Married, Can I File by Myself?Yes, but your spouse will still be liable for any joint debts. If you file together you will be able to double your exemptions. In some cases where only one spouse has debts, or one spouse has debts that are not dischargeable then it might be advisable to have only one spouse file. If the spouses have joint debts, the fact that one spouse discharged the debt may show on the other spouses credit report. How Long After Filing Will The Creditors Stop Calling?Once a creditor or bill collector becomes aware of a filing for bankruptcy protection, it must immediately stop all collection efforts. After you file the bankruptcy petition, the court mails a notice to all the creditors listed in your bankruptcy schedules. This usually takes a couple of weeks. Creditors will also stop calling if you inform them that you filed the bankruptcy petition, and supply them with your case number. In some cases, you or your attorney should contact the creditor immediately upon filing the bankruptcy petition, especially if a lawsuit is pending. If a creditor continues to use collection tactics once informed of the bankruptcy they may be liable for court sanctions and attorney fees for this conduct. Generally, student loans are not discharged in bankruptcy. In Taylorsville, Utah, there are two exceptions to this general rule: 1. The student loan may be discharged if it is neither – Insured or guaranteed by a governmental unit, nor made under any program funded in whole or in part by a governmental unit or nonprofit institution. 2. The student loan may be discharged if paying the loan will “impose an undue hardship on the debtor and the debtor’s dependents.” Whether an exception applies depends on the facts of the particular case and may also depend on local court decisions. Even if a student loan falls into one of the two exceptions, discharge of the loan may not be automatic. You may have to file an adversary proceeding in the bankruptcy court to obtain a court order declaring the debt discharged. The following debts will usually fall outside of bankruptcy• Secured Debts A secured creditor (e.g. mortgage company) will usually opt to rely on their security (the property or asset) rather than claim in bankruptcy. However they could claim for any ‘shortfall’ debt where the value of the asset is less than what they are owed. • Benefit and Tax Credit over-payments by means of fraud Over payments of benefits and tax credits made before the date of bankruptcy will be included in the bankruptcy and cannot be recovered by other means except in the case of over-payment by means of fraud. • Child Maintenance Liabilities from an order made in a family or domestic court, such as CSA claims for child support are outside of bankruptcy. • Student Loans Most educational loans would not be discharged in Bankruptcy. • Personal Injury Claims Debts from personal injury claims made against you are outside of bankruptcy. • Fraud Debts arising from an act of fraud will not be written off as part of a bankruptcy order. • Debts in joint names if you owe debts jointly with someone else, these will still be included in your bankruptcy. The creditor will chase the other party until the entire balance owed is repaid (or otherwise resolved). Bankruptcy Free Consultation Taylorsville UtahIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Bankruptcy Attorney Taylorsville Utah first appeared on Michael Anderson.
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How To Do Estate Planning With An Attorney Can I File A New Bankruptcy Case? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/bankruptcy-attorney-taylorsville-utah/ An estate planning attorney is a type of lawyer who understands the legal processes of getting financial affairs in order when you’re preparing for an incapacitating event or your eventual passing. They have years of mentoring, continuing legal education, and experience in estate and inheritance law. Estate planning doesn’t begin and end with a last will and testament. An attorney practicing in this field drafts living trusts and develops plans to mitigate or avoid estate taxes. They work to ensure that your life’s savings and assets are safe from beneficiaries’ creditors when you pass on. Certain types of trusts and clauses within them can protect your estate from creditors and other vultures that try to swoop in on an inheritance. Estate planning lawyers can prepare powers of attorney and health care directives that arrange for someone to take care of your affairs if you should ever become mentally incapacitated. Powers of attorney give someone you trust the ability to sign in your name if you become unable to. You can make a health care directive to assign an agent to conduct your health care wishes if you’re incapacitated. They can help you avoid guardianship or conservatorship issues if you need someone else to look after your affairs. You can appoint guardians (to handle personal issues for your kids) or conservators (to handle your kids’ finances) to look after your children and finances if you pass away before they reach an appropriate age be on their own and handle their inheritance. Estate Planning Lawyer QualitiesA general law practitioner may not have the experience and specialized knowledge to assist you with your unique family and financial situations. Look for an estate planning attorney who: Finding an Estate Planning AttorneyThere are multiple ways to find an estate planning attorney you can comfortably work with and trust. Start by asking someone who already knows you, such as your financial adviser or accountant. Your local or state bar association is another source of reputable referrals. You can ask the local probate court and consult other attorneys as well. Before committing, it may be possible to interview a few briefly by phone to help determine your ability to communicate effectively with them. Be prepared to pay to have your estate plan created, maintained, and updated by someone specializing in this area of practice. You’re paying for the attorney’s expertise and knowledge of estate laws, and to have a plan that will hold up in court. Your estate might stand to lose far more money in the long run than it costs to pay a qualified attorney. A flat fee may cover the preparation of essential documents and initial consultation. If an attorney wants to charge you by the hour, try to negotiate a flat price for all the work you expect is needed. Some experienced attorneys will agree because they have a good sense of how much time goes into a specific task. If your estate incurs taxes that could have been avoided, or if a contentious probate process drags out after you pass on, your loved ones may wish that you had spent the money to plan instead. It is worth paying for the planning, so that you know things will go exactly as you intended because you had the help of an experienced estate planning attorney. Take the time to find and hire a professional and respected attorney in your area. In the long run, you and your family will be glad you did. A professional estate planning lawyer will bring years of experience in managing estate planning matters in accordance with Utah estate law. Hiring the right help to plan your property and finances can ensure the safety of your finances so that your family will be able to take full advantage of them. Although estate planning lawyers can help you with a variety of issues, their main goal is to provide the best possible assistance in order to prepare your financial legacy. This way, you can have peace of mind knowing that you have prepared for your family and that they will not have to struggle with estate-related issues when you are gone. A reliable estate planning lawyer can help you to write your will and testament as well as set up a trust if required. They can also make sure that the estate and inheritance taxes are kept to a minimum by avoiding any delays in submitting documents. Even after your passing, your lawyer can continue to help by ensuring the executor of your last will transfers your assets to the correct beneficiaries. An estate planning lawyer can also supervise the probate process to prevent any issues or mistakes. Planning an estate can be an emotionally stressful process, making it difficult to make logical decisions. Therefore, an estate planning lawyer must be responsible and trustworthy to help you with drawing up a living will, assigning the power of attorney, or preparing any type of advance directive. Your lawyer should be your legal guide to help ease the process and make you feel comfortable. Choosing the Right Estate Planning LawyerIt is recommended to get a referral from the State Bar of Utah to find the best lawyer for planning your estate. You can also consult with your financial advisor or seek the help of your friends and family members to shortlist the best estate planning lawyers in Utah. Note that lawyers who specialize in estate planning might not have any specific certification or letter to distinguish them from a personal injury lawyer or a car accident lawyer. Instead, they would usually refer to themselves as estate planning professionals. You may want to seek out attorneys whose primary practice experience is in handling estate planning matters. There are some certifications though, which even financial advisors or accountants can attain to practice estate law. These may include: • Chartered Trust and Estate Planner – This certification is awarded by the American Academy of Financial Management. To get this accreditation, the individual should have a degree in finance, tax, financial services, accounting, or law. Apart from that, individuals with an MBA, Ph.D., CPA, MS, or JD from an accredited school or US organization can also attain the certification. Moreover, the individual should have completed a minimum of 5 approved related courses, a certification training course, and annual continuing education to be certified to practice estate law. • Certified Trust and Financial Advisor – This designation is awarded by the American Bankers Association in cooperation with the Institute of Certified Bankers. To attain the certification, the individual should have at least 3 years of experience in finance management, should have completed an approved wealth management training program, and should have completed at least 45 hours of ongoing education within 3 years. They should also have a letter of recommendation and a signed ethics statement to get CTFA-certified. No matter whether you choose an attorney with specific accreditation or not, the most important thing to note when hiring one is to make sure that they are easy to work with. You would be spending a lot of time with the lawyer, so they should be sensitive toward your life choices and respect your final decisions. Yet at the same time, they should be able to provide logical and clear explanations as to why or why not you should plan your estate in a certain way. Your lawyer should also be proficient enough to offer judicious inputs to plan your estate, while also making sure that you are comfortable throughout the process. Estate LawEstate law is the body of law that concerns a person’s physical and personal property. Estate law involves planning for a person’s finances and property both during their lifetime and after. It’s a body of law that includes taking care of people and property. It can involve both transactional law and litigation. Estate law is all of the laws that impact how a person makes decisions and issues directives about their personal affairs. There are several different types of law that make up estate law. These types of law often intertwine. Estate law may involve any of the following types of law: WillsA will is a document that states what a person wants to happen to their property when they die. Each person has the right to decide who to give their property to when they pass away. They must deduct their debts from the value of their estate before they can total up their remaining assets to give to the people they choose. The state law where the person lives says what the rules are for creating a will.When a person dies without a will it’s called dying intestate. Each state has rules for what happens when a person dies without a will. An estate lawyer may help their client handle the estate or contest the distribution of an estate when a person dies without estate planning. TrustA trust is a legal instrument that allows someone to hold property that someone else owns for the other person’s benefit. A client might use a trust in order to minimize estate taxes and minimize the hassles that can go along with estate distribution. In other cases, a trust is helpful to manage assets for a minor or a person with disabilities. Attorneys help their clients determine if a trust is the right vehicle for them to reach their estate planning goals. Powers of Attorney and Advance DirectivesPowers of attorney and advance directives give guidance on what a person wants to happen in the event that they’re unable to care for themselves. A power of attorney allows a client to give someone else the right to make decisions for them and manage their finances if they’re unable to express their own wishes. Many people use advance directives in order to advise if they want life-saving efforts like hydration and CPR if they face severe medical difficulties. GuardianshipsWhen a person is unable to manage their own affairs because of a physical or mental disability, they may need a guardianship. Adults need a guardianship when they’re unable to handle their own affairs. Children need guardianships when their parents are unable to care for them. Through a guardianship petition, a court can give another person the legal power to make binding decisions for someone else. Attorneys who practice estate law may practice transactional law as well as litigation. When estate lawyers prepare documents and help clients plan for the future, they’re transactional lawyers. There are no court appearances involved in making a will or preparing a trust, for example. If there’s a will contest, an estate lawyer is a litigator. An estate attorney may attend court and present evidence at a contested hearing. Nearly all estate lawyers practice transactional law, but most are also prepared for when they need to be litigators in order to represent the best interests of their clients. Some practice of law is simply reactive. For example, a criminal defense lawyer helps a client react when they’re facing a criminal charge. Likewise, most civil litigation cases involve a dispute over something that’s already occurred. Attorneys sometimes help their clients react to something that’s already occurred. Other times, attorneys help their clients plan for the future. For example, they help their clients create a contract or they advise their clients on what behavior complies with the law and avoids civil penalties. Estate law is both proactive and reactive. Estate lawyers help clients prepare documents that spell out exactly what’s going to happen in the future. The hope is that with advance planning, the client can have their wishes carried out as smoothly as possible. On the other hand, estate law is reactive in that estate attorneys help their clients with estate administration and will contests. Most estate law is state law. State laws determine what needs to be in a will in order to make it valid. There are federal estate taxes that may apply to an estate. Clients with multi-million dollar estates must be careful to structure their estates in a way that contemplates federal estate taxes. To properly serve clients, an attorney must know what state and federal laws apply to their client’s situation. Attorneys must also be mindful that when a client moves to a new state, they may need to update their estate planning in order to continue to have the desired effect from their estate planning. Free Consultation – Estate Planning LawyersIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post How To Do Estate Planning With An Attorney first appeared on Michael Anderson.
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Can I File A New Bankruptcy Case? Divorce Lawyers Salt Lake City Utah Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/how-to-do-estate-planning-with-an-attorney/ Buying a home will probably be the largest and most significant purchase you will make in your life. It also involves the law of real property, which is unique and raises special legal issues and problems not present in other transactions. A real estate lawyer is trained to handle these problems and has the most experience to deal with them. Making a PurchaseIn the typical home purchase, the seller enters into a contract with a real estate agent, usually in writing. When the broker finds a potential buyer, they conduct the negotiations and most often act as an intermediary (the go-between). Once an informal agreement is reached, the buyer and seller enter into a formal written contract for the sale of the new home. This is known as the purchase agreement. The home buying process then follows the following steps: The process seems simple, but without a lawyer, the consequences may be more disastrous than purchasing a car that turns out to be a lemon or a stock investment that was unwise. Avoid Vague or Unclear Terms In Your Real Estate ContractA lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations. In the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or they may be forced to pay more than one brokerage commission. If the agreement allows the seller the right to negotiate on their own behalf, however, you may avoid this potential problem. It is thus recommended that the seller have the advice and guidance of an attorney with respect to a brokerage agreement. Even if the agreement is a standard form, its terms should be explained to the seller and revised, if necessary. Consider a Real Estate Lawyer ConsultationEven if a lawyer is not needed during the course of negotiations, both the buyer and seller may want to consult with a lawyer to answer important legal questions, such as the tax consequences of the real estate transaction. The tax consequences may be of critical importance to a home seller. For example, the income tax consequences of a sale, particularly if the seller makes a large profit, may be considerable. An attorney can advise whether the seller can take advantage of tax provisions allowing for exclusion of capital gains in certain circumstances. Real Estate Purchase AgreementsThe purchase agreement is the single most important document in the transaction. Although standard printed forms are useful, a lawyer is helpful in explaining the forms and making changes and additions to reflect the home buyer’s and the seller’s desires. There are many issues that may need to be addressed in the purchase agreement, such as: Is the closing conditioned upon the buyer obtaining financing?Most buyers finance a substantial portion of the purchase price for a home with a mortgage loan from a lending institution. The purchase agreement should contain a carefully worded provision that is subject to the buyer obtaining a commitment for financing. Real Estate Title SearchAfter the purchase agreement is signed, it is necessary to establish the state of the seller’s title to the property to satisfy the buyer and the financial institution. Generally, a title search is ordered from an abstract or title insurance company. In some states, title insurance is not typical. In these cases, an attorney is essential to review the status of title and give an opinion of title in lieu of a title policy. Assuming you are in an area where title insurance is customary, an attorney can help review the title search and explain the title exceptions as to what is not insured. They will also determine whether the legal description is correct and whether there are problems with adjoining owners or prior owners. In addition, an attorney can explain the effect of easements and agreements or restrictions imposed by a prior owner, and whether there are any legal restrictions which will undermine your ability to sell the property. The title search does not tell the buyer or seller anything about existing and prospective zoning. A lawyer can explain whether zoning prohibits a two-family home, or whether planned improvements violate zoning ordinances. Real Estate Title ClosingThe closing is the most important event in the purchase and sale transaction. The deed and other closing papers must be prepared. At the closing, title passes from seller to buyer, who pays the balance of the purchase price. Frequently, this balance is paid in part from the proceeds of a mortgage loan. A closing statement should be prepared prior to the closing indicating the debits and credits to the buyer and seller. An attorney, here, becomes helpful in explaining the nature, amount, and fairness of closing costs. Once the deed and other closing documents are signed, an attorney can make sure that these documents are appropriately executed and explained to everyone. Importance of Having a Lawyer During ClosingThe closing process can be confusing and complex to the buyer and seller. Those present at the closing often include the buyer and seller, their respective attorneys, the title closer (representative of the title company), an attorney for any lending institution, and the real estate broker. There may also be last-minute disputes about delivering possession and personal property or the adjustment of various costs, such as fuel and taxes. If you are the only person there without a lawyer, your rights may be at risk. A broker generally serves the seller, and the lender is obtained by the buyer. Both want to see the deal go through since that is how they will get paid. However, neither can provide legal counsel. If you want peace of mind when making one of the biggest purchases of your lifetime, you should consider speaking with an experienced real estate attorney. Military Attorney and LawyersA military lawyer’s job is similar to a civilian lawyer in their day-to-day duties. Representing clientele under jurisdiction of military courts and law is the primary difference. The military attorney works exclusively with military personnel and may represent them in civil and criminal cases. Each Military lawyer may work within any branch of the Navy, Army, Marines, or Air force even though each branch has their own Judge Advocate Generals (also known as JAGs). Military personnel may contact any military legal assistance office if they need legal representation. A Jag practices law in a Military court including court-martial, military review, Military Court of Inquiry, and the U.S. Court of Appeals for the Armed Forces. A Jag will go through the same educational process of a civilian lawyer. Military attorneys will need to know general law as well as military law. They can either become a JAG after entering the military, or they may enter the military with the JAG requirements completed. The role of a military attorney is as broad as that of a civilian attorney. They will participate in matters of both civil and criminal nature. One of the primary differences of a military court is the military tribunal that deals with enemies during wartime. Some of the roles of the military lawyer include: A military attorney must possess an excellent understanding of all parts of civil and military law. Their advice and actions not only affect individuals, it may also reflect on their branch of service and the United States Government. They must be able to work under pressure while maintaining a cool decorum. They will need to have excellent communication skills both in the courtroom and out. Their ability to represent a broad range of clientele, from a young enlisted soldier to a high-ranking commander, requires they are comfortable communicating across the ranks. Examples of Cases for Military LawyersThe military court, while similar to civilian court, also differs. Therefore, the cases that a military lawyer participates in may be different. A few examples are: Military Real Estate Lawyer Free ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Military Real Estate Lawyers first appeared on Michael Anderson.
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Shoplifting And Theft Attorney Can I File A New Bankruptcy Case? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/military-real-estate-lawyers/ Bankruptcy law doesn’t set a minimum period that you must wait before filing for bankruptcy a second time. However, there’s a catch. If you file too soon after wiping out debt in a previous case, you won’t be eligible for another debt discharge (forgiveness). Although there are times that it makes sense to file for bankruptcy even though you won’t receive a discharge, these situations are rare (more below). Because a bankruptcy filed too soon will end up being a waste of time and money in most cases, it’s essential to know how to time your bankruptcy filing. Filing Under the Same Bankruptcy Chapter: Chapter 7 and Chapter 13Here are the timeframes if you plan to file the same bankruptcy chapter that you filed the first time: You’ll have to wait eight years after the first Chapter 7 case filing date before filing the second case. Two years must elapse between filing dates before you’ll be entitled to receive a second Chapter 13 discharge. If the court granted your first discharge under Chapter 13 bankruptcy, you’d need to wait six years (from the Chapter 13 bankruptcy filing date) before filing for a Chapter 7 discharge. You won’t have to wait that long; however, if you paid unsecured creditors in full in the Chapter 13 case, or if you paid at least 70% of the claims, the plan was proposed in good faith and was represented your best effort. Chapter 7 before Chapter 13If the court granted your first discharge under Chapter 7, you’d have to wait four years from the Chapter 7 filing date before filing a Chapter 13 case. When a Second Filing Might be Beneficial Even without a DischargeSometimes you don’t need a discharge you need time to pay off a debt. For instance, suppose that you owed federal taxes that you couldn’t discharge in bankruptcy, and you could not work out a reasonable payment plan. Rather than have your wages garnished, you could file for Chapter 13 bankruptcy and stretch out the payments over a five-year Chapter 13 bankruptcy payment plan. A similar approach is to file a Chapter 13 case immediately after receiving a Chapter 7 discharge (a procedure informally referred to as a Chapter 20 bankruptcy). Again, all you might need is time to pay off non-dischargeable debts, such as domestic support arrearages not a discharge. What If You Didn’t Receive a Discharge in the First Case?In most situations, you can file again and receive a discharge in the second bankruptcy if you didn’t receive one in the first matter. But that’s not always the case. Also, you lose the full benefits of the automatic stay the order that stops creditors from collecting when you file multiple bankruptcies in quick succession. The court dismissed the first caseUnless the court orders otherwise, you can file again. A 180-day waiting period may apply if you failed to obey a court order or appear in the case, or you voluntarily dismissed the case after a creditor filed a motion for relief from the bankruptcy stay. The court denied your dischargeYou might be able to file again, but you probably won’t be entitled to a discharge of the debts listed in your first case. This is another unusual circumstance wherein you would be wise to seek the advice of an experienced bankruptcy lawyer. When Are Multiple Bankruptcy Filings Abusive?The term abusive bankruptcy filing can refer to a Chapter 7 filing that doesn’t meet the means test the qualification standard that determines a filer’s right to a debt discharge. But it can also describe a case filed by someone who inappropriately uses the bankruptcy process to evade a creditor or buy time in a collection action, such as a foreclosure or lawsuit. Simply put, the court frowns on debtors who file with no intention of following through with the case. Repeat filers face the consequences for using such tactics, such as a lack of protection from collections (the automatic stay won’t go into effect after multiple filings) or the denial of a discharge. Filing for bankruptcy relief doesn’t guarantee a discharge; the order that wipes out qualifying debt. If you don’t follow the bankruptcy laws or procedures in your jurisdiction, the court might dismiss your case. Luckily, most dismissals are without prejudice, and you can immediately refile your case. Dismissals With and Without PrejudiceWhen the court dismisses a case without prejudice, you can file another bankruptcy matter right away instead of being required to wait. You can also discharge all qualifying debts in the next case. This type of dismissal usually occurs because of a procedural mistake, such as a failure to file the correct forms, not as a result of unethical behavior. By contrast, a dismissal with prejudice will prevent you from filing another bankruptcy for a specific period, or forever prohibit you from discharging any of the debts existing at the time of your first filing. The court will dismiss a case with prejudice if you: Reasons for a Dismissal without PrejudiceAfter filing your case, you must comply with the bankruptcy rules and procedures. The court dismisses most matters because of the failure of debtors to: Bankruptcy Dismissal and the Automatic StayIn bankruptcy, the automatic stay protects the filer from almost all creditor collection activities. It stops them in their tracks. In most cases, the stay remains in place throughout the bankruptcy matter. However, if the court dismisses your case, your creditors can come after you to collect their debts once again. Mostly, you’re in the same position you were in before filing. Also, immediately filing another bankruptcy will limit your automatic stay in the new case. Here’s how. In either situation, you can file a motion to extend or impose the automatic stay in your new bankruptcy. You’ll need to be prepared to explain to the court the need for multiple cases. Consult With a Bankruptcy LawyerIf the court dismissed your case without prejudice, it’s reasonably clear that you ran into a problem in the previous matter. A bankruptcy attorney can help you fix the issue, as well as file a motion asking the court to grant or extend the automatic stay’s protection against creditors. How to File for BankruptcyFiling for bankruptcy is a legal process that either reduces, restructures or eliminates your debts. Whether you get that opportunity is up to the bankruptcy court. You can file for bankruptcy on your own, or you can find a bankruptcy lawyer, which most experts regard as the prudent avenue to pursue. Bankruptcy costs include attorney fees and filing fees. If you file on your own, you will still be responsible for filing fees. If you can’t afford to hire an attorney, you may have options for free legal services. If you need help finding an affordable bankruptcy lawyer or locating free legal services, check with the American Bar Association for resources and information. Before you file, you must educate yourself on what happens when you file for bankruptcy. It’s not simply a matter of telling a judge “I’m broke!” and throwing yourself at the mercy of the court. There is a process – a sometimes confusing, sometimes complicated process that individuals and businesses must follow. The steps are: • Get credit counseling within 180 days before filing: You can’t file for bankruptcy until you’ve gone through required bankruptcy counseling. It assures the court you have exhausted all other possibilities before filing for bankruptcy. The counselor must be from an approved provider listed on the Utah Courts website. Most credit counseling agencies offer this service online or over the phone, and you receive a certificate of completion once it’s done that must be part of the paperwork you file. If you skip this step, your filing will be rejected. • File the petition: If you haven’t hired a bankruptcy lawyer yet, this might be the time to do it. Legal counsel is not a requirement for individuals filing for bankruptcy, but you are taking a serious risk if you represent yourself. Understanding federal and state bankruptcy laws, and knowing which ones apply to your case, is essential. Judges are not permitted to offer advice, and neither are court employees. There also are many forms to complete and some important differences between Chapter 7 and Chapter 13 that you should be aware of when making decisions. If you don’t know or follow the proper procedures and rules in court, it could affect the outcome of your case. Without legal advice, you’re also running a risk that the bankruptcy trustee can seize and sell your property. • Meet with creditors: When your petition is accepted, your case is assigned to a bankruptcy trustee, who sets up a meeting with your creditors. You must attend, but the creditors do not have to. This is an opportunity for them to ask you or the court trustee questions about your case. Some of the Consequences of BankruptcyThe overriding principle of bankruptcy is that you get a second chance with your finances. Chapter 7 (known as liquidation), wipes away debt by selling non-exempt possessions that have some value. Chapter 13 (known as the wage earner’s plan) gives you an opportunity to develop a 3-to-5 year plan to repay all your debt and keep what you have. Both equal a fresh start, but many times without some of the property (real estate, cars, jewelry, etc.) that may have caused the financial problem in the first place. Filing for bankruptcy impacts your credit score. Bankruptcy remains on your credit report for 7-10 years, depending upon which chapter of bankruptcy you file under. Chapter 7 (the most common) is on your credit report for 10 years, while a Chapter 13 filing (second most common) is there for seven years. During this time, a bankruptcy discharge could prevent you from getting new lines of credit and may even cause problems when you apply for jobs. If some of your debts include loans that were co-signed by family or friends, they could be responsible for repaying at least some of the debt. If you are considering bankruptcy, your credit report and credit score probably are damaged already. Your credit report may improve, especially if you consistently pay your bills after declaring bankruptcy. Where Bankruptcy Doesn’t HelpBankruptcy does not necessarily erase all financial responsibilities. It does not discharge the following types of debts and obligations: Bankruptcy Dismissal vs. Bankruptcy DischargeThe Automatic StayAt the time of dismissal, you will no longer enjoy the protection of an automatic stay. An automatic stay is an order that stops creditors from taking action to collect debts during a bankruptcy case. This means, your collectors can continue or resume all collection efforts against you, including lawsuits, garnishments, foreclosure, and asset seizures. Since there is additional interest and/or penalties accrued from the time of a bankruptcy filing, you will be liable to pay off more than the amount that was due before you filed for bankruptcy. Voluntary Bankruptcy DismissalA voluntary bankruptcy dismissal is still up for approval of a bankruptcy court. Their decision lies on the type of bankruptcy chapter you filed. Chapter 7It is not easy to ask for dismissal of a Chapter 7 bankruptcy case. When you file for this case, it is best to assume that you cannot back out of it. For example, you changed your mind about proceeding with the bankruptcy filing because you found out you have a lot more to lose than you assumed when you filed for bankruptcy, you request the bankruptcy court to dismiss your case by filing a motion. The court can decline your request especially if creditors will not get a good deal out of dismissing your case. On the flip side, you may not show up at the 341A hearing so that the court dismisses your case. Non-appearance at this hearing in Utah will usually result in the trustee filing a motion to dismiss the case. However, you would be better off having the case dismissed without you voluntarily filing a motion to dismiss. A voluntary dismissal for Chapter 7 case prevents you from refilling a bankruptcy case for 180-days. Chapter 13It is a different case for voluntary dismissal in Chapter 13 bankruptcy. According to the Bankruptcy code, you can dismiss a Chapter 13 case easily. Federal bankruptcy law allows the debtor to either dismiss a Chapter 13 case or to convert it to Chapter 7 at any time unless your case has previously been converted from another chapter of the Bankruptcy Code. You can ask for dismissal at any point in your Chapter 13 case, even as soon as you file it, perhaps because of a change of heart. You can also have the bankruptcy court dismiss your case once the payment plan has been approved if your financial situation has improved and find out you do not need a repayment plan anymore. All you need to do to have your Chapter 13 case dismissed is to have your New Jersey bankruptcy lawyer file a motion to dismiss your case. The court cannot keep you in a Chapter 13 case against your will. Consequences of Chapter 13 Bankruptcy DismissalAs with Chapter 7 bankruptcy voluntary dismissal, there are also consequences if you dismiss a Chapter 13 bankruptcy. You must be aware that a dismissal will make all unpaid or disputed debts due and demandable. It includes all interest, finance charges, legal fees, all late charges not allowed by the Bankruptcy Court as well as all debts of creditors who did not file their claims. As a requirement, you will be directly deal with the creditors on their terms. There will be no involvement from the bankruptcy court. Bankruptcy Dismissal by the CourtThis happens when the debtor failed to meet the requirements due in the case filed. It can also happen when the debtor has filed in bad faith. Failure to do the following can be grounds for dismissal: Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Can I File A New Bankruptcy Case? first appeared on Michael Anderson.
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Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/can-i-file-a-new-bankruptcy-case/ Both mothers and fathers play important roles in their children’s lives. In most cases, an ongoing, close relationship with both parents is beneficial for the child. Fathers have the same rights as mothers, even if they are divorced or never married the mother. However, some fathers are required to hire Utah child custody lawyer to help them protect their parental rights. Facts About Father’s Rights in Utah• Fathers can petition for custody of their child with a divorce proceeding or as a stand-alone action. Neither parent receives preferential treatment during a custody case. The court does not automatically favor one parent over the other. Frequent visitation is encouraged so that parents have a meaningful and ongoing relationship with their child, including fathers. Mothers cannot refuse to allow court-ordered visitation with the child, even though a father may be behind on his child support payments. If the father has a court order granting him custody of the child, the mother cannot take the child or refuse to return the child after visitation. A mother who does this can be charged with kidnapping and other charges. Fathers who have shared legal custody of their child are entitled to participate in legal decisions regarding their child. Examples of areas that a father has a voice regarding his child include education, medical care, religious upbringing, and extracurricular activities. If a mother attempts to make unilateral decisions for the child that the father opposes, the father may have legal standing to petition the court for assistance. PREPARING FOR DIVORCE AS A DADSteps to Take as You Get Ready to End Your Marriage – If your relationship is on the rocks, and it looks like divorce is in your future, you’re probably pretty overwhelmed by the prospect of separating from your spouse and legally ending your marriage. The stress that comes with the breakdown of your marriage is bad enough on its own, but when you add in uncertainty about your finances, your living situation, and your relationship with your children, it can all seem like too much to bear. However, with the proper preparation, you can be ready for the challenges that may arise during the divorce process, and you can make sure that your rights will be protected as you work to dissolve your marriage. Divorce Preparation: Financial, Legal, and Practical IssuesWhether you’re certain your marriage has broken down beyond repair, or you hope you and your wife can work things out, you’ll want to be ready for a potential divorce. By proceeding as if your marriage will be ending, you can make sure your rights will be protected throughout the divorce process. Some steps you can take to prepare for divorce include: Why Do Fathers Give Up After Divorce?According to The Good Men Project, “Dads often give up because it feels like the deck is stacked against them.” This is true in many instances, but it doesn’t have to be. If you can hire a good attorney, you can turn things around in your favor. Here are 10 tips to follow before, during and after the divorce process. This way, you can avoid the common pitfalls of being the dad in a divorce. Don’t Move Out of the Family Home If you move out of the house, leaving your children with your wife, you’re sending a powerful message to the family court: “My wife is perfectly suited to care for our children.” You see, the courts don’t like to interrupt the status quo, especially if it’s working. If you cannot stand living under the same roof as your wife, don’t move until after you get a court order addressing temporary child custody. If you intend on seeking primary physical custody of the children, don’t think of moving out until you’ve obtained advice from a divorce attorney. Keep Detailed Records Keep detailed records of when you see the children, what you buy them (save the receipts), and the interactions between you and their mother. If she blasts you on Facebook, record it. If she posts pics of a new flame while you’re still married, save the post. If she insults you, or doesn’t let you see the kids, record it. Essentially, document everything, especially if you anticipate a child custody battle. Take the High Road One of the best ways to have a smooth divorce is to take the high road. This means keeping the dirty details of your divorce to yourself, with the exception of a few close friends and family members. For example, there’s no reason to send a group text to the moms and dads on the soccer team that your wife is cheating on you with your eight-year-old’s coach. If you’re able to act like a mature adult, it will help calm things down. Be on Your Best Behavior Amid divorce, be on your best behavior. This means limit public drinking, avoid jumping into a new relationship while you’re still married, keep quiet on social media, and spare the insults directed toward your wife. Otherwise, irresponsible behavior can backfire and affect the outcome of your divorce. Find Experienced and Competent Legal Counsel This one is a no-brainer, but it’s surprising how many fathers (and mothers) act before speaking to an attorney. For instance, a concerned father may whisk his kids away from his mentally unstable wife without realizing the legal consequences. Or, he may move in with his new girlfriend, only to lose all chances of getting physical custody. See Your Children Often One of the best ways to make yourself bulletproof during and after a divorce is to remain INVOLVED in your children’s lives. This means seeing them frequently, volunteering in their class, taking them to extracurricular activities or showing up to all of these events, and helping out wherever you can as far as your kids are concerned. Do whatever your schedule permits! Look for Emotional Outlets Let’s face it, divorce is stressful, especially if you’re going to be paying spousal support, child support, and health insurance. That said, you have to take care of you. Whether that means seeing a therapist, speaking with a priest, rabbi, pastor, or bishop at your church, or taking a long camping trip. Look for support that will help you deal with your emotions. Take Care of Yourself Stress can wreak havoc on our bodies, and divorce can definitely affect one physically. Now is a great time to hit the gym, take up running or bicycling, get into boxing, or find another sport like rugby that can help you keep your mind and body busy. As a plus, you can get into the best shape of your life. Don’t forget to eat right, get sufficient rest, and avoid overdoing it on the junk food and alcohol. Expect the Unexpected You just never know how you, your children, and your wife are going to deal with the divorce. If you find yourself going through analysis paralysis, you can reach out to a professional therapist or counselor, or read books on divorce or children and divorce. If you’re internalizing too much, it’s best to look for outside advice and support. HOW CAN FATHERS PROTECT THEIR RIGHTS IN DIVORCE AND CUSTODY MATTERS?What Are The Best/worst Ways A Father Can Protect His Rights? One of the best things a father can do to protect his rights is to try to be reasonable with the other parent. If she cheated on him and he is upset over that, and rightfully so, he nevertheless should not let those emotions affect how he interacts with the child’s mother to discuss a parenting plan. If he gets verbally aggressive with her, she can accuse him of harassing her. She could also ratchet up her language and they could end up having countless, unproductive arguments that will only decrease their mutual desire to co-parent the child or children they have in common. When insulted by a cheating spouse, it is hard to bite one’s tongue. But it must be done. People are advised to keep their eye on the “long game” in such situations. They need to keep in mind that they will have to deal with this person for many years to come, because they are both parents of the same child. Then there are some women who are so difficult to deal with that the father will never have any success in dealing with her even if he always caves in and gives her what she wants. With these mothers who have borderline personality disorder, or are narcissistic or psychopathic, the only thing they understand is power. That means forcing them in front of a judge and getting court orders that hold them accountable for their bad behavior and refusal to cooperate. Toughness is the only language they understand. These types of cases are dealt with all the time. A good attorney will know how to get inside their heads and how to expose their true behavior to the judges. These devious or cantankerous types, especially if they are of higher than average intelligence, will know how to falsely portray themselves as innocent little flowers or victims when in fact they are evil, dangerous women who enjoy drama, causing pain, and being difficult. An experienced and good attorney like Ronald Thomas has dealt a number of such cases and he genuinely enjoys exposing them in the courtroom. Another way a father can best protect his rights is to file a paternity or custody case to have an actual, enforceable court document. Without that, he is at the mercy of the child’s mother. There are many other things a father can do to protect his rights, which a good attorney can help you with. One of the worst things a father can do when trying to protect his rights is to engage in loud arguments, name-calling, threats, and other behavior that could look very bad if exposed in the courtroom. Fathers need to be aware that the other parent may be recording them if they use profanity, threats, or other behaviors to try to get their way. A person is permitted to record conversations as long as they are participating in those conversations. However, there are exceptions so it is important to get legal advice before you begin recording anyone. Sometimes, fathers are advised to record conversations by their attorney. One thing that a person can do if he suspects the other parent is going to try the despicable tactic of falsely accusing him of abuse is to record all conversations that he participates in with that other parent. Of course, he should first obtain legal advice to make sure that he should be doing this in his particular situation. There are exceptions to every rule. There are some situations where the client is advised NOT to record the other parent. Another thing this person should do is verbally deny any false allegation. For example, if the other parent sends him a text accusing him of abuse, he should text her back something stating that no such abuse ever occurred. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post Utah Divorce Lawyers For Dads first appeared on Michael Anderson.
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Utah Registered Agent Services What Information Should You Exchange After A Car Accident? Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/utah-divorce-lawyers-for-dads/ Before the foreclosure crisis, federal and state laws regulating mortgage servicers and foreclosure procedures were relatively limited and tended to favor foreclosing lenders. Now, however, federal and state laws heavily regulate loan servicing and foreclosure processes. And most of the laws give protections to borrowers. Servicers generally have to provide borrowers with loss mitigation opportunities, account for each foreclosure step, and strictly comply with foreclosure laws. Also, most people who take out a loan to buy a residential property in Utah sign a promissory note and a deed of trust, which is like a mortgage. These documents give homeowners some contractual rights in addition to federal and state legal protections. Pre-foreclosure In UtahThe period after you fall behind in payments, but before a foreclosure officially starts, is generally called the “preforeclosure” stage. (Sometimes, people refer to the period before a foreclosure sale actually happens as “preforeclosure,” too.) During this time, the servicer can charge you various fees, like late charges and inspection fees, and, in most cases, must inform you about ways to avoid foreclosure and send you a preforeclosure notice called a “breach letter.” Fees the Servicer Can Charge During PreforeclosureIf you miss a payment, most loans include a grace period of ten or fifteen days, after which time the servicer will assess a late fee. Each month you miss a payment, the servicer will charge this fee. To find out the late charge amount and grace period for your loan, look at the promissory note you signed. You can also find this information on your monthly mortgage statement. Also, most Utah deeds of trust allow the lender (or the current loan holder, referred to as the “lender”) to take necessary steps to protect its interest in the property. Property inspections are performed to ensure that the home is occupied and appropriately maintained. Inspections, which are generally drive-by, are usually ordered automatically once the loan goes into default and typically cost around $10 or $15. Other types of fees the servicer might charge include those for broker’s price opinions, which are like appraisals, and property preservation costs, such as for yard maintenance or winterizing an abandoned home. Federal Mortgage Servicing Laws and Foreclosure ProtectionsUnder federal mortgage servicing laws, the servicer must contact, or attempt to contact, you by phone to discuss loss mitigation options, like a loan modification, forbearance, or repayment plan, no later than 36 days after you miss a payment and again within 36 days after each following delinquency. No later than 45 days after missing a payment, the servicer has to inform you in writing about loss mitigation options that might be available and appoint personnel to help you try to work out a way to avoid foreclosure. A few exceptions are in place for some of these requirements, though, like if you’ve filed bankruptcy or asked the servicer not to contact you pursuant to the Fair Debt Collection Practices Act. Federal mortgage servicing laws also prohibit dual tracking (pursuing a foreclosure while a complete loss mitigation application is pending). What Is a Breach Letter?Many Utah deeds of trust have a provision that requires the lender to send a notice, commonly called a “breach letter,” informing you that the loan is in default before the lender can accelerate the loan. The breach letter gives you a chance to cure the default and avoid foreclosure. When Can Foreclosure Start?Under federal law, the servicer usually can’t officially begin a foreclosure until you’re more than 120 days past due on payments, subject to a few exceptions. This 120-day period provides most homeowners with ample opportunity to submit a loss mitigation application to the servicer. What Is the Foreclosure Process in Utah?If you default on your mortgage payments in Utah, the lender may foreclose using a judicial or non-judicial method. How Judicial Foreclosures WorkA judicial foreclosure begins when the lender files a lawsuit asking a court for an order allowing a foreclosure sale. If you don’t respond with a written answer, the lender will automatically win the case. But if you choose to defend the foreclosure lawsuit, the court will review the evidence and determine the winner. If the lender wins, the judge will enter a judgment and order your home sold at auction. How Nonjudicial Foreclosures WorkIf the lender chooses a nonjudicial foreclosure, it must complete the out-of-court procedures described in the state statutes. After completing the required steps, the lender can sell the home at a foreclosure sale. Most lenders opt to use the nonjudicial process because it’s quicker and cheaper than litigating the matter in court. Preforeclosure Requirements Under Utah LawMuch like the requirement under federal mortgage servicing laws, after determining that the loan is in default, the servicer or lender must appoint single point of contact that can provide information about the foreclosure and foreclosure relief. Before filing a notice of default (the lender or servicer must mail a notice to you (the borrower) giving you at least 30 days to cure the default by getting current on the loan. The letter will also include the name, telephone number, email address, and mailing address of the single point of contact. Notice of DefaultThe nonjudicial foreclosure process formally begins when the trustee records a notice of default at the county recorder’s office. The notice of default gives you three months to cure the default. Within ten days of the recording, the trustee mails a copy of the notice of default to anyone who has requested a copy. Most deeds of trust in Utah include a request for notice, so you’ll probably get this notification. Notice of SaleIf you don’t cure the default, after three months, the trustee will record a notice of sale and: The Foreclosure SaleAt the sale, the lender usually makes a credit bid. The lender can bid up to the total amount owed, including fees and costs, or it may bid less. In some states, including Utah, when the lender is the high bidder at the sale but bids less than the total debt, it can get a deficiency judgment against the borrower, subject to some limitations. If the lender is the highest bidder, the property becomes what’s called “Real Estate Owned” (REO). But if a bidder, say a third party, is the highest bidder and offers more than you owe, and the sale results in excess proceeds that is, money over and above what’s needed to pay off all the liens on your property—you’re entitled to that surplus money. How Long Do You Have to Move Out After Foreclosure in Utah?If you don’t vacate the property following the foreclosure sale, the new owner will probably: Reinstating the LoanUtah law gives you three months after the trustee records the notice of default to reinstate the loan. Also, the deed of trust might give you more time to reinstate. Check the paperwork you signed when you took out the loan to find out if you get more time to get caught up on past-due amounts and, if so, the deadline to reinstate. You can also call your loan servicer and ask if the lender will let you reinstate. Redeeming the Property Before the SaleOne way to stop a foreclosure is by “redeeming” the property. To redeem, you have to pay off the full amount of the loan before the foreclosure sale. Some states also provide foreclosed borrowers with a redemption period after the foreclosure sale, during which they can buy back the home. Under Utah law, however, foreclosed homeowners don’t get a right of redemption after a nonjudicial foreclosure. Utah Deficiency Judgment LawsIn a foreclosure, the borrower’s total mortgage debt sometimes exceeds the foreclosure sale price. The difference between the total debt and the sale price is called a “deficiency.” For example, say the total debt owed is $600,000, but the home sells for $550,000 at the foreclosure sale. The deficiency is $50,000. In some states, the lender can seek a personal judgment against the debtor to recover the deficiency. Generally, once the lender gets a deficiency judgment, the lender may collect this amount in our example, $50,000—from the borrower. In Utah, the lender can get a deficiency judgment after a nonjudicial foreclosure by filing a lawsuit within three months of the sale. The deficiency amount is limited to the difference between the lesser of : How Long Does Foreclosure Take in Utah?For many homeowners, foreclosure is an unfortunate reality; and one that’s entirely outside of their control. But how long does foreclosure take? It will actually vary depending on any number of circumstances. Here’s what you should know about what to expect from the foreclosure process. It’s never easy to see your dreams of owning a home shattered by foreclosure. And it’s even worse to see what it can do to your credit score. The length of foreclosure time is actually relatively flexible. And believe it or not, there may be options available that can help diminish its long-term effects. What many people don’t realize is that the stipulations of a foreclosure are different from state to state. Also how you purchased your home, as well as any personal relationship with a lender can influence the effects of reducing or stopping foreclosure in Utah. Mortgage and Deed of TrustMost lenders tend to encourage the purchase of homes to be legally established where the property title serves as a deed of trust; and in Utah, this is how the vast majority of transactions are conducted. The chief reason for this is to avoid lengthy judicial proceedings, and can sometimes be as beneficial to a homeowner as it is to a lender. For one, the amount of legal fees you incur as a result can make current financial constraints even worse. But on the other hand, it also usually contains a provision known as a “power of sale clause”; which means the trustee (in this case, the lender or their attorneys) can be obligated to sell your property to satisfy the agreements of the loan. Nonjudicial ForeclosureAs mentioned previously, Utah is a state that primarily operates under nonjudicial foreclosure laws, which means no court action is required (although the law does permit mortgages to serve as liens against property and can be legally executed by courts.) Instead, notice is given to both borrowers and the public, and is commonly called “sale of trust property by public auction.” During a nonjudicial foreclosure you will receive: Right of RedemptionUtah law maintains a grace period known as the “right of redemption,” which can allow you the to purchase property back during instances of judicial foreclosure (where proceedings occur through the courts; as in the case of mortgages serving as property liens.) Payment is made in full of the sum of the unpaid loan, plus additional costs. Courts can extend the redemption period, in some cases up to two years; but it’s important to keep in mind this only occurs under judicial foreclosure, which is less common in Utah. If you’ve failed to find an understanding with your lender, the easiest solution during the preforeclosure period is, quite honestly, to sell your home. Not only can it diminish your chances of a black mark on your credit, it can bring you peace of mind. But for many people, the process of finding an adequate realtor (to speak nothing but a potential buyer) is never guaranteed; especially in no more that 1 – 2 months time. One way around this is to speak to a reputable home buying company. Typically, they can almost always guarantee the purchase of your home in cash, and frequently in no more than 3 – 5 days. Home Foreclosure In Utah Free ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Family Businesses And Estate Planning Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/home-foreclosure-in-utah/ Voluntary Abandonment is one of the grounds for divorce in the state of Utah. Black’s Law Dictionary states that an abandonment is when you relinquish a right or interest with the intention of never again claiming it. In the context of contracts for the sale of land, courts sometimes It’s typically a part of family law. The act of leaving a spouse or child willfully and without an intent to return is like desertion or malicious abandonment. The desertion of a spouse without just cause. Utah Voluntary Abandonment LawyerIn a divorce case, voluntary abandonment is a final departure without the consent of the other spouse, without sufficient reason. and without an intent to return. In the law of adoption, a natural When you need legal help with a abandonment, malicious abandonment, or a voluntary abandonment in a Utah divorce case, please call Ascent Law LLC for your free consultation. Free Voluntary Abandonment ConsultationIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Estate Planning And Retirement Benefits Sometimes Justice Can Be Hard To Reach Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/voluntary-abandonment/ Probate is the court-supervised process of authenticating a last will and testament if the deceased made one. It includes locating and determining the value of the person’s assets, paying their final bills and taxes, and distributing the remainder of the estate to their rightful beneficiaries. Each state has specific laws in place to determine what’s required to probate an estate. These laws are included in the estate’s probate codes, as well as laws for “intestate succession,” when someone dies without a will. In cases where there is no will, probate is still required to pay the decedent’s final bills and distribute their estate. The steps involved are generally very similar, regardless of whether a will exists even though laws governing probate can vary by state. The Estate in a Probate case consists of all of the assets and all of the debts of the person who died – the decedent – that is that the Estate is in the Probate case. Authenticating the Last Will and TestamentMost states have laws in place that require anyone who is in possession of the deceased’s will to file it with the probate court as soon as is reasonably possible. An application or petition to open probate of the estate is usually done at the same time. Sometimes it’s necessary to file the death certificate as well, along with the will and the petition. Completing and submitting the petition doesn’t have to be a daunting challenge. Many state courts provide forms for this. The hearing gives all concerned an opportunity to object to the will being admitted for probate maybe because it’s not drafted properly or because someone is in possession of a more recent will. Someone might also object to the appointment of the executor nominated in the will to handle the estate. To determine if the submitted will is the real deal, the court relies on witnesses. Many wills include so-called “self-proving affidavits” in which the decedent and witnesses sign an affidavit at the same time the will is signed and witnessed. This is good enough for the court. Lacking this, however, one or more of the will’s witnesses might be required to sign a sworn statement or testify in court that they watched the decedent sign the will and that the will in question is indeed the one they saw signed. Posting BondIt might be necessary for the executor to post bond before they can accept the letters and act for the estate, although some wills include provisions stating this isn’t necessary. Beneficiaries can elect to unanimously reject the bond requirement in some states,5 but it’s an ironclad rule in others, particularly if the executor ends up being someone other than the individual nominated in the will or if they live out of state. Locating the Decedent’s AssetsThe executor’s first task involves locating and taking possession of all the decedent’s assets so they can protect them during the probate process. This can involve a fair bit of time and sleuthing. Some people own assets they’ve told no one about, even their spouses, and these assets might not be delineated in their wills. In the case of real estate, the executor is not expected to move into the residence or the building and remain there throughout the probate process to protect it. But they must ensure property taxes are paid, insurance is kept current, and any mortgage payments are made to prevent foreclosure so the property isn’t lost. The executor might literally take possession of other assets, however, such as collectibles or even vehicles, placing them in a safe location. They’ll collect all statements and other documentation concerning bank and investment accounts, as well as stocks and bonds. Determining Date of Death ValuesDate of death values for the decedent’s assets must be determined and this is generally accomplished through account statements and appraisals. The court will appoint appraisers in some states, but in others, the executor can choose someone. Many states require that the executor submit a written report to the court, listing everything the decedent owned along with each asset’s value, as well as a notation as to how that value was arrived at. Identifying and Notifying CreditorsThe decedent’s creditors must be identified and notified of the death. Most states require the executor to publish notice of the death in a local newspaper to alert unknown creditors. Creditors typically have a limited period of time after receiving the notice to make claims against the estate for any money owed. The exact time period can vary by state. Paying the Decedent’s DebtsValid creditor claims are then paid. The executor will use estate funds to pay all the decedent’s debts and final bills, including those that might have been incurred during the final illness. Preparing and Filing Tax ReturnsThe executor will file the decedent’s final personal income tax returns for the year they died. They’ll determine if the estate is liable for any estate taxes, and, if so, file these tax returns as well. Any taxes due are also paid from estate funds. This can sometimes require liquidating assets to raise the money. Estate taxes are usually due within nine months of the decedent’s date of death. Distributing the EstateWhen all these steps have been completed, the executor can petition the court for permission to distribute what is left of the decedent’s assets to the beneficiaries named in the will. This usually requires the court’s permission, which is typically only granted after the executor has submitted a complete accounting of every financial transaction they’ve engaged in throughout the probate process. Some states allow the estate’s beneficiaries to collectively waive this accounting requirement if they’re all in agreement that it’s not necessary. Otherwise, the executor will have to list and explain each and every expense paid and all income earned by the estate. Some states provide forms to make this process a little easier. In other cases and with adult beneficiaries, deeds and other transfer documents must be drawn up and filed with the appropriate state or county officials to finalize the bequests. Intestate EstatesAn intestate estate is one where the decedent did not leave a valid will either they never made one or the will is not accepted as valid by the probate court due to an error in the document or because an heir successfully contested it. The most significant difference is that in the absence of a will that makes their wishes known, the decedent’s property will pass to the closest relatives in an order determined by state law. Common Assets That Go Through ProbateIf the estate is set up correctly, it may not need to go through probate regardless of what assets are owned. In most cases, this would involve creating a trust that would own all the assets instead of the person. Additionally, assets with a direct beneficiary may not need to go through probate. For instance, a life insurance policy with a named beneficiary would go directly to that person without the need for probate. Certain assets do commonly go through probate. If the deceased person was the sole owner of a piece of property, such as a vehicle or home, that asset would need to be included in probate. Their name would be the only one on the title. Property owned with another person as tenants in common would be included in probate. An example would be if the deceased owned a rental property with a partner. Their share in the property would be probated to determine who would own it in the future. Items that don’t come with a title may also need to go through probate if they have enough value. This includes furniture, appliances, household items, and personal items. Many times, the combined value of these items won’t be enough to mandate probate, but they would be added to the inventory of probated items if other assets exist that must be included. There are always exceptions to the rules, and this is the case with probate. There are some uncommon assets that may need to be part of the probate estate. In these situations, you need to know what to do with the assets. A prime example is what would normally be a direct transfer of property, but the beneficiary has died. For instance, a person lists a sibling as the beneficiary of their bank account as payable upon death. That sibling passes away and the account owner didn’t change the listed beneficiary before they died. Because the person listed as beneficiary is no longer living, the bank account will have to be included in probate. Assets That Don’t Need to Go Through ProbateMany assets don’t need to go through probate because they can be directly transferred to a beneficiary. This means that someone has been listed on the proper documents as the beneficiary for that asset. Some examples include the following: Real estate and other property may also be left out of probate if it meets certain conditions. In some states, real estate owned by the deceased person can go to the person named on the transfer-on-death deed. Property that is held in tenancy with the right of survivorship will automatically go to the second person named on the title. Some states allow for property that is owned as tenants by the entirety with a spouse. This means that the property will go to the spouse if both people owned it. In some states, vehicles and boats can be transferred on death if the proper form was filled out. Other states allow for vehicles to go to immediate family members. Household goods may do the same under certain state laws. One type of asset listed can almost completely remove the need for probate, which is the living trust. If the person placed all their assets in a trust, they transfer them to the beneficiary of the trust after the person’s death. Most people who set up a trust will place the majority of assets in the trust while others may only place certain types of property, such as real estate, in the trust. How the Value Determines the Need for ProbateAnother factor which determines the need for the estate to be probated is the value. Most states offer an option to formal probate for smaller estates. Every state has its own name for this more informal version of probate, but they follow the same principle. If the total value of the estate is below a certain dollar amount, the executor can file for simplified probate or summary probate. No hearing is necessary for this type of probate, but it is limited to a specific dollar amount for the value of the estate. That amount will vary based on the state. The first step to determine if an estate qualifies is to find out the limits in the state. Then, the executor must list all the assets and their dollar value to submit with the petition to file for summary probate. Creditors are still given time to file a claim against the estate, but it is usually much shorter. Some states allow for an affidavit which would enable the beneficiaries to take ownership of the property. This only works if there are no disputes made against the estate. If the will is contested or other disputes arise, the estate would have to go through the normal probate process. One important fact to consider is how the value is determined. You may need to get an appraisal for certain assets to know the worth at the time the owner died. However, any assets that don’t need to go through probate, such as those with a listed beneficiary, won’t be included in the value to determine if the estate needs to go through probate. For example, a person had a home that is titled tenants in common with right of survivorship with their daughter. They also had bank accounts that were payable on death to the daughter. The person also owned a couple of nice cars that totaled $30,000. Only the cars would need to go through probate and their value would be all that is considered to determine if it qualifies for a small estate. Filing a Will vs. Filing for ProbateThere are several instances where you may not need to file a petition for probate with an estate. However, that doesn’t let you off the hook completely. You are still required to file the will with the court if one exists. If you know a will exists and don’t file it with the court when a person dies, you could be liable for damages to any party that would have received something from the estate. This liability can be civil and criminal. If you fail to file probate when it’s required, the assets cannot be legally transferred to the name of the heirs. This can pose quite a problem, especially if the asset is real estate or a business. Probate can be quite confusing from knowing if and when you need to file to handling the tasks that come with a probated estate. If you aren’t sure of the next steps, you can contact a probate attorney who will help you go through the process. Working with legal counsel can alleviate the worries of whether you need to file based on your particular situation and the state where the estate is located. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
The post What Is Estate In Probate? first appeared on Michael Anderson.
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Estate Planning And Retirement Benefits Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/what-is-estate-in-probate/ Foreclosure Defense: Hourly, Flat Fee, or Monthly Rate – Most foreclosure defense attorneys structure their fee agreements with homeowners in one of three ways: Foreclosure Lawyer – Hourly RateSome foreclosure defense attorneys charge an hourly rate for their services. The rate can range from around $100 per hour to several hundred dollars per hour. With this type of fee arrangement, the lawyer generally collects an initial retainer—an advance payment to the attorney before he or she starts to work on your case—of several thousand dollars. The retainer amount and hourly rate varies widely, depending on the attorney’s experience and the customary rates in the area. How an hourly rate works. Say you give your foreclosure defense attorney a $2,000 retainer. She charges $200 per hour. First, she reviews all of the documents in your case. Then, she prepares and files an answer and affirmative defenses to the foreclosure action. All of this takes five hours. The attorney also spends time preparing for and attending a foreclosure mediation with you. You’ll also get billed for the time it takes to make phone calls and emails related to your case. This too adds up to five hours. The retainer is now gone and the attorney hasn’t even attended any foreclosure hearings yet. Because the attorney must do more work, you’ll have to make further payments. Pros and cons Working With a Foreclosure LawyerThe benefit to this type of fee arrangement is you’ll only pay the attorney for the amount of time he or she actually works on your case. The downside is that while the attorney will probably be able to give you a likely range of what you’ll pay in total, you won’t get an exact price as far as what the total cost of the foreclosure defense will be—and hourly fees can add up quickly. Foreclosure Lawyer Flat FeeSome attorneys charge a flat fee to represent homeowners in a foreclosure. Generally speaking, the fee can range from $1,500 to $4,000 depending on the complexity of the case. Pros and cons LawyerThe benefit to paying a flat fee is that you know ahead of time exactly what the total cost of your foreclosure defense will be. Whether it takes five months or two years to dismiss the foreclosure—or for the lender to complete the process—you know that this is all you’ll pay. The downside is that not all foreclosure attorneys offer this option and you’ll have to pay the fee upfront, which is difficult for many distressed homeowners. Monthly RateSome foreclosure attorneys charge an upfront retainer ranging from several hundred to several thousand dollars, and then a monthly fee (like $500) for each month that the foreclosure is pending. In addition, attorneys have been known to charge an extra fee on top of this—called a contingent fee—if the case is dismissed as a result of the firm’s efforts. Pros and Cons of Monthly Payment Foreclosure AttorneysWhat If I Can’t Afford to Hire a Foreclosure Lawyer?If you’re facing a foreclosure, but don’t have money available to hire a lawyer to work with you throughout the process, you might want to consider: How Much Will a Foreclosure Lawyer Charge?Most foreclosure attorneys structure their fee agreements by charging an hourly rate, collecting a flat fee or charging a monthly rate. The amount you’ll pay in total could range from several hundred dollars to several thousand dollars. Exactly how much you’ll have to pay varies based on a number of factors, including the attorney’s level of experience and how much other attorneys in the area charge Here are a few alternatives if you can’t afford to hire a lawyer to assist you throughout a foreclosure. If you don’t want to fight the foreclosure, you can probably deal with it on your own. You should educate yourself about what steps are involved, how long a foreclosure typically takes in your state, and exactly when you’ll have to move out of your home. You can apply for a mortgage modification during foreclosure without an attorney. You probably don’t need an attorney to help you apply for a mortgage modification. A modification is a permanent change to the loan terms, such as an interest rate reduction, to make the monthly payments more affordable. To get the ball rolling, call your loan servicer and let it know you would like to apply for a modification. The servicer will tell you exactly what you need to do to submit an application. If you need help with the application, you can make an appointment to talk to a free HUD-approved housing counselor. Lawyer to help you apply for a modification of your mortgage loanIf you apply for a modification, you might be able to work out an agreement that will allow you to keep the home. Even if you can’t work out a deal, applying for a modification will you buy you some time to stay in the home before the lender completes the foreclosure. Generally, under federal law (and some state laws), a foreclosure must stop while the servicer evaluates your application. When you should consider hiring an attorneyYou should seriously consider hiring a foreclosure attorney if you think you have a valid defense to the foreclosure, like the servicer didn’t follow the law or made a serious error with your account. In most cases, you’ll have to raise the defense in court, either by filing your own lawsuit (if the foreclosure is non judicial) or responding to the lender’s lawsuit (if the foreclosure is judicial), which can be complicated. This means that it is usually better to hire an attorney than to go it alone if you want to successfully save your home. You might want to schedule at least one consultation with a lawyer even if you can’t afford to hire an attorney to represent you through the entire process. A lawyer can tell you exactly how foreclosure works in your state and how much time the process will likely take. What Does a Foreclosure Defense Attorney Do for You?Foreclosure cases are rarely set in stone. Hiring an experienced foreclosure defense attorney early in the case gives you the best chance of success. The last thing you want to do is battle for your home in court without knowing all your options. Here are a few immensely helpful things a foreclosure attorney can do for you. Help You Get a Loan Modification Help You Pursue Loss Mitigation Help You File for Chapter 13 BankruptcyIf all else fails, an attorney can help you file for Chapter 13 bankruptcy. If approved, you will have three to five years to get up to date on your payments and will be able to keep your home. Your home is an important not only for its financial value, but for the memories it holds. You don’t have to fight for it alone. Why You Might Want to File an Answer What Happens If You Don’t File a Timely AnswerIf you don’t file an answer by the deadline, the lender’s attorney will most likely ask for a default judgment. To get the court to set aside (annul) a default judgment, you’d have to file a motion and show good cause for not filing an answer. It’s very difficult to get a court to set aside a default judgment. In addition, if you don’t file an answer, you aren’t entitled to get notifications about what’s happening in your foreclosure case. The court may proceed with the foreclosure without your involvement or notifying you about the proceedings. You also will likely lose the right to assert any defenses you could have against the foreclosure. If you don’t include particular defenses or counterclaims in an answer, you might not be able to bring them up later on in the foreclosure. Of course, you shouldn’t file a frivolous answer, otherwise you might get stuck paying costs and expenses of the opposing parties, including their attorneys’ fees. Free Consultation with Ascent Law – Foreclosure LawyersIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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Homeowner Liability For Trespasser Injuries Mental Capacity For Wills And Trusts Parental Alienation And Custody Estate Planning And Retirement Benefits Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Michael Anderson https://www.ascentlawfirm.com/foreclosure-lawyer/ |
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