What is Probate? – Utah Probate Lawyer ExplainsIf someone close to you has recently died, the distribution of their estate may be a part of settling their affairs. We call the person who died a decedent. Depending on the situation, it may be necessary to probate the estate. Unless you are a lawyer or court official yourself, it is likely that the Utah probate system is unfamiliar to you. This can seem confusing, but understanding a little bit about what probate is and when it is necessary can help you determine whether or not this is a necessary legal process for your personal situation. What is Probate?In simple terms, probate is the legal process of proving a will’s validity in court. If the decedent did not leave a will then the probate appoints someone to sign the decedent’s name and administer what the decedent left behind pursuant to the Utah Probate Code. This is important step when determining how the deceased’s assets will be distributed. It grants the personal representative (also called an executor), or person enacting and enforcing the will, legal permission to carry out the will as specified. Probate may also include appraising assets and paying debts and taxes. However, probate isn’t always necessary. Whether probate is necessary or not depend on the condition of the estate left behind. For example, property left in a valid trust does not need to be probated – it is administered outside of probate. In Utah, there are many ways to avoid having to go through the probate process. Discussing your options with a lawyer is the best way to know whether or not probate is necessary for you. How does Probate Work?First and foremost, there are two kinds of probate court processes in Utah, formal and informal. An informal probate process is used when the beneficiaries of the will are generally in agreement, and don’t require a judge to settle disputes. This process is also significantly less expensive than the other. If all of the parties to the probate case in in agreement, we call that an uncontested probate case and it flows smoother than a contested case, or one where everyone fights about different things. A formal probate process is for when the beneficiaries are unable to agree and therefore require a formal court setting in order to settle disputes. In a formal probate, there are more steps, several court hearings in front a judge happen and it can be cumbersome and expensive. If you’re not sure whether you have a contested probate case or an uncontested one, you should speak with a probate attorney to discuss how to proceed. How to Start a Probate Case in UtahAfter deciding which process to use, the probate is opened and started by the Personal Representative (or Petitioner) by preparing and filing an application or petition for probate and appointment of personal representative in the district court. Your attorney will draft this petition. In order to properly draft this petition, lawyers need to have some vital information. The second portion of the court proceedings determines whether the probate will be administered without formal decision from the court (informal) or if a court needs to settle disputes over distribution in hearings (formal). This is complete when all debts and creditors have been paid, and all inheritances have been calculated for the respective heirs. Finally, the probate must be closed informally with a closing statement or formally with a petition to the court. The proceedings are finished when the Personal Representative is released from their position and no appeals are waiting to be heard. So What Do I Do Now?Probate can be a long, expensive, and confusing process, but it can often be avoided, especially if an estate plan has been created. Nevertheless, probate may be the most important step for you to take in settling the affairs of your loved ones. For more information about probate proceedings and what your options are, set up a free consultation with one of our lawyers today. Call (801) 876-5875 to learn more about the next best step for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875
Ascent Law LLC
4.7 stars – based on 45 reviews
Can Estate Planning Be Done Without an Attorney? via Michael Anderson http://www.ascentlawfirm.com/probate-lawyer-west-jordan-utah-what-is-probate/
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Divorce vs. Legal Separation in UtahDivorce and Legal Separation typically go hand in hand, but they are not the same thing. Depending on your personal situation and relationship with your spouse, one option may be better for you than the other. Understanding the key differences can help you decide what is best for you. DivorceDivorce is the legal dissolution of a marriage via the court system. After divorce, both parties can legally remarry. However, there are some rights and benefits of marriage that will be lost in divorce. These may include tax benefits, health insurance (including dental and vision), some forms of life insurance, government benefits, etc. To know what the specific legal consequences of divorce would be for you, consulting a Utah lawyer is your best option. Divorce entails a full and complete division and separation of all assets and resources, which can be expensive and may require extensive amounts of time. If you are interested in marrying someone else, or that is something you think you may want to do in the future, you surely need to get divorced. You don’t want to commit bigamy and be in violation of Utah’s criminal laws. Thus, divorce may be the right choice for you if the relationship between you and your spouse is unsalvageable or if there are other severe circumstances that cause you to feel that divorce is the proper and prudent action to take. Legal SeparationLegal separation is a court order that defines the rights and duties of a married couple who is living apart, but still wishes to remain legally married. It may continue on to a divorce decree later, but this is not always the case. Often, legal separation allows each party to retain the legal benefits of marriage, because it does not legally dissolve the marital union. However, there are still issues in regards to separate maintenance, and child custody and child/spousal support that must be determined either between the parties via negotiation or mediation or ultimately through court. Additionally, all debts acquired by each spouse after separation will still be treated as joint debt. Legal Separation may be the right choice for you if the circumstances of your relationship make you want to avoid divorce. Nevertheless, it is important to consult a lawyer about your options and what is best for your situation. So, Legal Separation vs. Divorce – How Do I Know What the Best Choice Is?Every situation and relationship is different. There are countless emotional and material investments and commitments entrenched in marriage, and these things take time and help to adequately sort through during the processes of separation and divorce. If you are considering legal separation instead of divorce, communication is the key factor. We recommend setting aside some time to sit across a table and discussing the situation. Sometimes having a frank chat about what is going on and how to resolve the conflict and issues can be a huge step forward to getting a separation agreement listed out. We understand that emotions play a role and it might be too hard to do. If that’s the case, you should look at mediation. If you can’t really communicate well with your spouse anymore, or if they shut down at the thought of getting things resolved; then, the next step should be to call us to talk about moving forward. One of the main reasons we see people seeking a legal separation instead of a divorce is for medical insurance. If you get divorced, your ex-spouse (ex-husband or ex-wife) cannot be on your health insurance policy. If neither of you intend on remarrying soon, this is an option to keep the other party on your insurance policy. Another reason we see for legal separation is because the parties are older and they have no intention of getting divorced — meaning, they know they are not getting remarried, so they don’t want to get divorced. One last reason that is common is for religious reasons. Some people believe that divorce is a sin under their religious beliefs and so, a legal separation is preferred for that couple so they do not impair their relationship with God. All of these and other reasons are valid and important. You should weigh the pros and cons of divorce versus legal separation in your specific situation and what you arrive at will be the right choice for you. Turning a Legal Separation into a Divorce in UtahOnce a legal separation order has been signed by a court in Utah; you can later convert that order of separation into a divorce decree in the future. You should contact a family law attorney or our office and we can file a motion to convert the order to a divorce decree. Your spouse may object and has the right to do so. If an objection is filed with the court; then, a hearing will likely be held by the court. We have to show that the court has jurisdiction and grounds to grant a divorce. Most do not contest the conversion from a legal separation to a divorce when the time comes. Even if your spouse does contest the conversion from a separation order to a divorce decree; as long as you meet the jurisdiction and grounds for divorce and the paperwork is in order, the court will grant the divorce. There is no law in Utah that forces you to stay married to your spouse. A divorce based on irreconcilable differences is always permitted. ConclusionDivorce or Legal Separation is never an enjoyable process. They are almost always painful and difficult. However, it may be necessary and even the best decision you can make, depending on your situation. If you are suffering, it is time to end the suffering. If you know inside that separation or divorce is right for you; you should follow your inner voice and let it guide you. There is no reason to suffer any more than you already have. In spite of everything, it is possible to come out of this painful and unpleasant situation successfully. Learning more about divorce and legal separation is important in figuring out what the best path for you to take is. There are a lot of factors and steps to take in both processes and it is important to be familiar with what both divorce and separation entail. We are more than happy to help you work through these difficult situations, and can help you in figuring out what options are the best for your and your specific circumstances. For more information about divorce and separation, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 876-5875 today.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875
Ascent Law LLC
4.7 stars – based on 45 reviews
Is There Any Benefit To Filing For Divorce First? What Do I Need To Know About Working With Your Law Firm in A Divorce Case? Stay At Home Mother’s Rights in Divorce How Are Assets Divided in a Utah Divorce? via Michael Anderson http://www.ascentlawfirm.com/divorce-vs-legal-separation-in-utah/ How Is Child Custody Determined in Utah?Some of the biggest concerns for people filing for divorce have to do with custody of the children. This can get messy when each parent has a different desire for what happens to the children. However, the court’s priority when determining custody is what is best for the child, regardless of whatever else happens in the divorce proceedings. I’ve previously discussed this here. What goes into consideration when deciding custody?A family court judge or court commissioner will hear the case as each side presents evidence to their case for being the best suited caretaker for the child. Since the court decides custody based on what is best for the child, factors like who filed first will not affect the court’s decision on who gets custody. However, the Utah Courts have published information and case law and statutes in Utah tell us what will affect the court’s decision: “General factors for determining the best interests of a child if the parents dispute custody: – the parents’ conduct and moral standards; The judge may ask a child who the child wants to live with, but the desires of a child—regardless of age—are not controlling, and the court may determine custody contrary to the child’s desires. – whether joint legal custody or joint physical custody will benefit the child’s physical, psychological, and emotional needs or the child’s development; I’ve also outlined an overview of family law and divorce in an interview that you should find helpful. What happens after custody is determined?According to law, the parents must abide by the court’s decision, whatever it may be. Parent time and child support may not be withheld if the court has demanded it be given. Violation of the court orders can result in judgement, fines, and even jail time. Custody orders may be modified, but only through petitioning the court, and only if there have been significant changes in the circumstances that change what the best interests of the child would be. For more information on child custody and divorce law, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (801) 876-5875 today.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875
Ascent Law LLC
4.7 stars – based on 45 reviews
Main Concerns About Child Custody How is Child Custody Determined as a Part of Divorce” via Michael Anderson http://www.ascentlawfirm.com/how-is-child-custody-determined-in-utah/ When is bankruptcy a good idea?Many people believe that bankruptcy is and will always be nothing but a bad thing. In the public mind, bankruptcy means losing your house, your livelihood; everything you own. This is, for obvious reasons, an undesirable mental image. However, bankruptcy may be a wise and important choice to make, depending on your personal debt situation. So, how do you know if filing for bankruptcy is the right decision for you? Understanding how bankruptcy works and what it is for can help. What is bankruptcy?There are two different kinds of bankruptcy, Chapter 7 and Chapter 13. Each has a different function and purpose. To briefly quote our more in-depth article about Chapter 7 bankruptcy, “A Chapter 7 bankruptcy is a bankruptcy case in which we give the debtor, the person who owes all the money, a fresh start, a new beginning. It essentially wipes out or erases the debt that the debtor has.” In a Chapter 7, your assets may be seized and sold to creditors in order to pay off your debt. However, most people eligible for Chapter 7 bankruptcy do not have more assets than they are capable of protecting. In this case, you will be able to eliminate your unsecured debts without losing what you own. In contrast, a Chapter 13 bankruptcy is “a wage earner’s reorganization. What that means is … you will make a regular monthly payment, called Chapter 13 plan payment to the trustee who is assigned to the case. In the state of Utah, there is only one trustee, and at this time, it is Lon Jenkins … Depending on how your plan is structured, you may or you may not pay off all of your debt in five years. It really depends on the type of debt and how the plan is structured. The payment is usually a minimum of $100 a month, to the Chapter 13 trustee for at least three years.” Since Chapter 13 bankruptcies help you repay your creditors with a piecewise payback plan, it is highly likely that you will be able to retain your assets. How do I know when filing for bankruptcy is a good idea?Bankruptcy is different for every individual situation, so understanding your debts is the very first step to knowing if filing for bankruptcy is the right choice for you. If all other alternatives to bankruptcy are exhausted or not working, it may be time to consider bankruptcy. However, it is important to note that there are debts that a bankruptcy proceeding cannot relieve. These debts can include: The rules and regulations for non-dischargeable debts are complicated and should be discussed with a lawyer or someone else with extensive knowledge before filing for bankruptcy. Figure out what will happen to your home, car, pension, credit score, co-signers, and personal life if you file for bankruptcy. Consult with a lawyer or other knowledgeable person about the projected outcome and consequences of filing for bankruptcy. If you are considering bankruptcy and would like more information or guidance about your options, call (801) 876-5875 for a free initial legal consultation.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5875
Ascent Law LLC
4.7 stars – based on 45 reviews
via Michael Anderson http://www.ascentlawfirm.com/how-do-i-know-when-filing-for-bankruptcy-is-a-good-idea/
How Does Bankruptcy Affect Your Credit?The general rule is that filing for bankruptcy will hurt your credit. All 3 of the major credit bureaus, Equifax, Now, the federal bankruptcy court has all of its filings online and the credit reporting agencies get that information directly from them. So, the way the credit bureaus will report your bankruptcy is that it will simply indicate a bankruptcy filing. If you later have your bankruptcy case dismissed, the bankruptcy filing will still report on your credit reports. If you file for a chapter 7 bankruptcy, it will stay on your credit report for 10 years. The general rule is that a debt will fall off of your credit report after 7 years; however this is not true for the chapter 7 bankruptcy case filing. What will your credit score be after filing for bankruptcy?Most people start off within 400s and 500 credit scores when they file for a chapter 7. This is because people have been waiting so long to take care of the debt situation, that they are usually behind on several bills and they may have even been sued. If that’s the case, then they will start off low and filing bankruptcy could actually improve their credit score. So, depending on your situation you could have a 600 plus credit score after filing, it just depends. Depending on the lender and what type of bankruptcy you filed, you may be able to buy a house the day after your bankruptcy case is concluded. You should also keep in mind that if you filed a chapter 13 case, the chapter 13 bankruptcy only stays on your credit for 7 years. I’ve previously explained a chapter 13 bankruptcy here and a chapter 7 bankruptcy here. Just remember, even if your scores are in the 600 or even 700 range, if the bankruptcy is showing up on your credit report, it can still be taken into account and will cause your interest rate to be higher as a result, but the more you rebuild your credit, the better rates you are going to get. Additionally, the older the bankruptcy is on your credit report the better. This means the further back in time you filed, the less importance and weight the lender usually gives to it. Watch this video for more information: Just do your best not to get back into the same situation that you got into bankruptcy so it doesn’t happen again. Most of us know that huge medical bills, loss of employment and other issues can take a huge toll on you financially. Lenders look at what they call the Universal Default Rate. Before you file for bankruptcy and you start defaulting on a loan, every other piece of credit that you have will switch from whatever interest rate you had to the Universal Default Rate for that line of credit…..which is almost always at least 30% higher than what you were paying. This is because lenders get scared and freak out because they don’t want to lose money. This happened all the time during the 2008 financial crises in the US. If this happens to you; then, the amount of money you owe will rise dramatically, making matters worse. In the time that passes after you file for bankruptcy relief…you will still be able to get loans (yes even a mortgage after bankruptcy), but keep in mind that the interest rates will be higher as a result. Do your best to stay out of debt to avoid paying really high interest rates. One way to improve your credit is to buy furniture from RC Willey after your bankruptcy case is concluded. RC Willey has the ability to set up a credit account for you and they will report positively on your credit so long as you stay current on your payments and make your payments on time. If you have really high interest rates; that should make you to pay more in additional interest for years to come, which is why you should pay down debt and even pay off debt when you can. The best thing to do after bankruptcy is to set up at least 1 to 2 new accounts and then to take it easy on credit for a while. Be sure you make timely and consistent payments because one mistake and it could be all over and back downhill. Chapter 7 bankruptcy is the commonest denotation of bankruptcy. It stands for discharging or canceling of debts that you have incurred. As an individual, you can select between Chapter 13 or Chapter 7 bankruptcy. Selecting between the two is not easy. A good bankruptcy lawyer will review your specific circumstances before helping you to decide which type of bankruptcy is applicable to you. Call us if you have any questions, we are standing by, ready to help you, so call Mike Anderson today at 801-876-5875.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 876-5876
4.7 stars – based on 49 reviews
via Michael Anderson http://www.ascentlawfirm.com/utah-bankruptcy-lawyer-does-bankruptcy-affect-your-credit-801-876-5875/ |
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