Kane County is a county located in the state of Utah. Its county seat and largest city is Kanab. The county was named for Col. Thomas L. Kane, a friend of the Mormon settlers. The high desert landscape of Kane County belongs to the Colorado Plateau geographical province. The waters of man-made Lake Powell on the Colorado River form the county’s eastern border, and most of the streams in Kane are part of the Colorado River system. The northwest corner of the county is forested. The county’s prehistoric Indian dwellers were part of the Anasazi Culture. Archaeologists have recorded hundreds of sites on Fifty Mile Mountain within the Glen Canyon National Recreation Area, but few have been excavated because of their remoteness. The Southern Paiutes occupied the county in historic times. Several towns, including Kanab, were first settled in the mid-1860s and then abandoned. Kanab was resettled in 1870 by Levi Stewart and others at the request of Brigham Young. In March 1874 Young encouraged the formation of a United Order at Orderville. Although United Orders were organized in many Utah towns, including Kanab, the Orderville experiment in communal living was more successful and longer-lived, making this town unique among Utah settlements. By the 1880s Mormon Church support had become lukewarm, and the United Order of Orderville was dissolved. During the 19th and early 20th centuries a majority of the county’s residents were farmers or ranchers. In 1922 when Deadwood Coach with Tom Mix was filmed in Kane County, the Parry brothers of Kanab led in the development of lodging, food, and other services for film crews, and by the 1930s Kanab was called Little Hollywood because so many movies were made there. The 1920s and 1930s also saw Kanab become a tourist center for visitors to Bryce Canyon, Zion, and Grand Canyon National Parks. During the construction of Glen Canyon Dam near Page, Arizona, which began in 1956, Kanab’s population doubled and the economy boomed. The creation of Lake Powell, one of Utah’s major recreational sites, brought new service industries connected with boating and fishing to the area, especially the Bullfrog Basin Marina in the extreme northeast corner of the county. Enormous coal reserves in the Kaiparowits Plateau and Alton fields are Kane County’s most important natural resource and may, when environmental issues are resolved, dictate a new economic future based on mining. Neighboring CountiesBordering counties are as follows: A criminal record is a very detailed report about a person’s criminal activities and their outcomes. On the other hand, a background check is just a basic outline of a person’s life. A background check includes: Going by this list, you can understand that a criminal record can affect practically every aspect of a person’s life. So, it’s integral to check your criminal record, and if you have been acquitted or have already served a sentence, get the record expunged if your state allows it. Criminal records are public in some states and accessing them is as easy as walking into a courthouse and viewing the record. There are many states that do not allow you to view criminal records but allow you to do a background check. Even in a state that allows general public to view records, you can’t see the record if the record has been expunged or sealed. You can get the records by visiting the police station or the office of the Department of Public Safety or the county sheriff’s office or the office of the Federal Bureau of Investigations. If you are only looking for a criminal record of a specific county, you can also visit the courthouse. In order to get the criminal record from the Federal Bureau of Investigations you need to: A criminal record is a very comprehensive report and does include the arrest records with the arrest warrant and the criminal docket that refers to the criminal court records. Criminal court records have information on all types of criminal matters that are being heard by the local judiciary. In terms of violation, you will come across two types of criminal cases; violent and property crimes. These two are further divided into various classes of criminal violation, which is based on the type and extent of damage or hurt caused. Property crimes comprise of: Violent crimes comprise of: To correct the mistakes in a criminal record, you have to first get the report by following the process explained earlier. In some states, you can fill a correction request form and send it to the state authorities. In some cases, you will need to send a letter to the agency maintaining your record and mention the mistake that needs to be corrected. You may also want to visit the website of the state and check if they have a “Criminal History Error Resolution” service. The criminal division is responsible for the implementation, enforcement and supervision of all the laws formed under its division. The division is also responsible for criminal litigation. The prosecutors of the division have managed to earn convictions for many notorious criminals. They are also responsible for the witness protection program and electronic surveillance in sensitive areas. In addition to this, they provide advisory support for criminal law enforcement to the White House, the Attorney General, and the Congress. They also provide support to federal prosecutors and investigative agencies. Public records are offered freely on the internet, in contrast, getting an arrest warrant search in Kane County, Utah would entail taking a trip down in person to the local police precinct. However, don’t fret the legwork because driving down to the sheriff’s office will not just get you information on the arrest records and outstanding warrants against your subject but also crime data pertaining to your neighborhood. For example, you could find not just the details of the most wanted criminal from the county but also their pictures. How is that for easy identification? Of course, if you are wondering about how well the police have been controlling the crime scenario in your area, you could also request the most recent incident figures. On the other hand, going to the office of the magistrate will get you details on arrests and active warrants from Kane County but not the other crime related data. However, they can offer information pertaining to criminal summons, bench warrants and other such legal orders. The office of the county clerk can also provides significant amounts of data in answer to a query on arrest warrants. However, what set this agency apart from the others are the civil records that you can get from the county clerk’s office. For instance, because deputies of this agency attend every session conducted at the local tribunals, you can find criminal and non-criminal court dockets with them. The simplest way to connect with these agencies is to show up at their doors. Of course, you could also use the details below to send your warrant search request through mail. The annual crime average of Kane County, Utah is about 80 incidents of which about 7 cases are made against violent crimes. Even though the figures offer little cause for concern at first notice, there was a growth of almost 50% in violent crimes and about 40% in reported incidents. So, the crime trends for the area need to be watched more closely. The 70 judges of the district courts are selected in an identical manner. When a vacancy occurs on the court, the governor appoints a replacement from a list of five names recommended by a nominating commission. The nominee then must attain approval from the Utah State Senate. New appointees serve for at least three years, after which they must run in a yes-no retention election. If retained, judges serve subsequent terms of six years. The chief judge of each district court is selected by peer vote for a two-year term. QualificationsTo serve on the Utah District Courts, a judge must be: Sitting judges who turn 75 while in office may continue serving until the end of their term, but they are not eligible to run for retention. Kane County Utah Court DirectoryThe Utah trial court system consists of District Courts, Juvenile Courts, and Justice Courts. Below is a directory of court locations in Kane County. Links for online court records and other free court resources are provided for each court, where available. District Courts in Kane County• 6th District Court – Kane County 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!
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On April 21, 1869, Probate Judge Joseph H. Wing, proceeded to organize the County of Piute, Territory of Utah, at Bullion City. The name Piute was taken from the Piute Indian Tribe, the name Bullion from the gold-laden mountains of the Tushar Range. Today Bullion City no longer exists but Piute County is one of Utah’s most promising counties. Piute County is located in the central southern portion of the State and at present is one of the smallest in both area and population of Utah’s twenty-nine counties. Its area is largely covered with mountain. In fact, it would probably be one of Utah’s largest counties if it were ironed out flat. There are two narrow valleys in the County, one East and one West, which furnish tillable land for agriculture. The western valley of the Sevier River runs from Marysvale on the North to Junction, Kingston and Circleville on the South. This valley is about 27 miles long and 6 miles wide at its widest point. The eastern valley is the Otter Creek Valley. It is about the same length and width beginning at Greenwich area on the North and running to the Angle-Antimony area on the South. These valleys produce some of the finest potatoes in the world due to the high altitude and rich soil. They are truly mountain grown. Kingston is a beautiful area for picnicking, camping, hiking and fishing. The rock formations in the canyon are varied and interesting with many Indian caves to explore. The town of Kingston is a treat to visit. It is beautifully rural and has many historic and human interest sights. The crumbled remains of three open air dance halls in the County are reminders of the excitement and romance of the 1930 to 1950’s. The open air dance hall just outside of Kingston was called purple haze. It has had some work done on it and has been used for dancing on special occasions through the years. There are three reservoirs located within the county boundaries, the two largest, Piute and Otter Creek, supply water for the counties to the west and north of Piute. The other, the Box Creek Reservoir, supplies water for the Greenwich area. The Kingston-Circleville area is irrigated from the waters of the Sevier River. The balance of the county’s farms and ranches are irrigated from the numerous mountain streams. Junction is the County seat. A beautiful old courthouse built with handmade adobe bricks in Junction in 1903. It has been in use as County offices and very functional until March 1, 1997. In 1971 it was placed on the National Register of Historical Buildings. Ground breaking for a new Piute County Courthouse Complex was held April 1, 1996 at 1:00 p.m. It will be on 550 North Main Street in front of the Piute High School. In one year the Complex was finished and operating. The old courthouse was sold and remodeled on the inside for a family residence. The outside of the building is to be kept as it was. The open house was held February 28, for the completed new courthouse. All offices moved into the building March 1, 1997. There are also new post office and District school offices in this complex. It is beautiful, and the County is enjoying the beauty and space provided. Highway 153 which goes from Junction to Beaver is a special scenic drive climbing from 6000 to 10,000 feet in beautiful mountain country abounding with deer and elk. Snowmobiling and skiing are becoming a growing sport and this highway takes sportsmen to good snow county. Our major source of income is from beef cattle. Dairy cattle and sheep also contribute to the economy of the county. There is considerable summer range in the high mountains and spring and winter range in the low hills. Piute County at one time held a vast mineral wealth, from Uranium to Alunite, from Gold to Talc. Piute County has the world’s largest Alunite deposits and is the largest producer of primary type Uranium ore (Autunite Uraninite) in the United States. The rail yards of the D. & R. G. W. Railway which ended at Marysvale accommodated the shipments of ore and other machinery and materials to and from the county. The mountains of Marysvale would produce a steady stream of mineral wealth for nearly a hundred years and each year would bring forth new finds of promising prospects. Uranium was unknown in Piute County until 1948. It was found then by a local prospector and since then has produced millions of dollars worth of uranium ore. As said before mining was once a booming industry in Piute County. Gold Silver and other valuable metals brought prospectors and miners to the area from the 1860’s through the early 1900’s. Some of the mining camps like Bullion, Webster, and Alunite became large communities in their heyday. The Kimberly Mine, located in the Tushar Mountains, was once the Queen of Utah gold camps, employing 300 miners around the turn of the century. The town flourished until its mines closed in 1907. It is now a ghost town. Visitors can see some of the old mines along the 2.5 mile “Canyon of Gold Driving Tour ” that starts at the Fish lake National Forest boundary in Bullion Canyon west of Marysvale. Piute County is rich in mineral treasure and rich in scenery, too. Several scenic drives take you into the heart of the mountains and unfold magnificent mountain views. The Tushar Mountains and Parker Range, laced by mountain streams, form the roots for recreational areas and as we are located in the midst of the largest mule deer herd in the United States. Many hunters enjoy the beauty of Piute County during the fall deer hunting season. Fishing is also good in Piute County and there are State Boating Parks at both Piute and Otter Creek Reservoirs. These Parks offer boat docks and camping areas for the water skier, fisherman, camper and boating enthusiasts. Circleville boasts of their famous (or infamous), Robert Leroy Parker better known as Butch Cassidy, who spent his youth there during the 1870’s and 1880’s and his boyhood home still stands, near U.S. 89, two miles South of town and in the summer months it is open for visitors. Piute County is Butch Cassidy Country in more ways than one, and here he is thought of with a little more kindness and tolerance than one might expect. It was in Circleville that he grew up, and here that he learned how to change cattle brands and evade the law. Kimberly, one of Utah’s most beautifully situated but least known ghost towns has had a varied career of boom, death, and resurrection. Today little remains to testify of its days of vibrant activity except some huge waste deposits and a few crumbled or crumbling buildings, but a good graded road leads to the site–and the drive alone is worth a visit to Kimberly which is located at about 9,000 feet, high in the Tushar Mountains, nestled in an evergreen forest and overlooked by majestic peaks The magic in the water makes rainbow, cutthroat, and German brown trout grow big and fast, producing some of Utah’s largest and fastest growing trophy size fish. Boat rentals are available and shore fishing is also excellent. Open all year, the large reservoir is popular for ice fishing in the winter. Nearby Piute Reservoir is also a popular year round fishery. The trout-stocked mountain lake is located seven miles north of Junction. A large boat ramp provides boating access to the lake’s 2250 acres of water. The Sevier River along US 89 and the East Fork of the Sevier River above Otter Creek Reservoir offer good trout fishing. During the summer, anglers can cast their lines for rainbow, brook and cutthroat trout at LeBaron and Puffer Lake located high in the forested Tushar Mountains. RECREATION – Exploring Piute County unveils a world of things to see and do, all year round. Outdoor enthusiasts will discover a recreational paradise on the 12,000 foot high Tushar Mountains and the Fish Lake and Dixie National Forests. Mountain biking, hiking, horseback, and ATV riding, fishing, rock hounding, camping and picnicking are some of the popular warm weather activities. In winter, the snow-covered mountains are perfect for snowmobiling, cross country skiing, and downhill skiing at Elk Meadows Ski and Summer Resort. In the fall, the forests are ablaze with brilliant golden aspens and deep green pines and spruce. In the lower elevations there are rodeos, rafting, gold panning, horseback riding, and sightseeing. Otter creek and Piute Lake State Parks offer boating, fishing and water sports in the summer, and ice fishing in the winter. Visitors will find interesting buildings with Victorian architecture in the small old western towns located throughout Piute County. They’ll want to browse the unique, old-fashioned shops like the general stores where they can step back in time, search for antiques and crafts at the Hawks Nest, or watch rag rugs being woven on antique floor looms at Lizzy and Charlie’s Rag Rugs in Marysvale. They can drive by Hamptons’ Western Village, and stop for a snack at the old fashioned Ice Cream Parlor in Circleville. Five national parks are within an easy drive of Piute County: Bryce Canyon , Zion , Capitol Reef, Grand Canyon North Rim, and Canyon lands National Parks, and Lake Power/Glen Canyon National Recreation Area. PIUTE ATV TRAIL – ATV riders will find leisurely family type riding along the Paiute ATV trail. The Paiute ATV Trail is a 272 mile-long loop course that crosses mountain ranges, rugged canyons and deserts in south central Utah. The unique trail has been rated one of the best 15 trails in the country by Dirt Wheels magazine. With the diverse terrain and climate, riders can experience the thrill of descending from mountains to dense forest, stop to see vistas of the surrounding countryside or watch herds of deer or elk. Riders can enter the trail at any point: there is no beginning or end. Mountain bikers are also welcome. Circleville, Marysvale, and other towns along the trail permit ATVs on designated streets so riders can go directly from the dirt trail to motels, restaurants, grocery stores and service stations. Otter Creek and Piute State Parks are also easily accessible from the trail. The original spelling of the Indian name was PAIUTE but the “A” was dropped. Before the Mormon settlers came they had learned to raise wheat, melons, amaranth and indigo. To water these crops they built crude irrigation ditches leading from the small streams. They occupied mostly small places where the land was flat. During the warm months they needed little shelter but in winter they built wakeups. They wore little clothing, children wore none, except in the cold months when they wore rabbit skins for covering, and at times the men wore leggings. Moccasins were known but seldom worn. The women wore basketry hats to protect them from pitch while gathering pinion nuts. They made basketry hats, burden baskets, seed beaters, winnowing and parching trays, flat trays, water jugs or ollas, and bowls. The Paiutes were a peaceful people; weapons were used almost exclusively for hunting and food gathering. Besides the bow and arrow, they used a club and flint knife. Rodent hooks were used in helping to dig small animals from their holes; they were long sticks with a slightly forked end. Fire was made by use of a stick drill twirled between the palms of the hands while an assistant held some bark tinder in which to catch the spark. Indian writings are hard to find now because of the wind and weather covering and erasing them but they have been found, along with arrow heads, in many parts of the County both north, south, east and west. They are especially to be found around Circleville and in Kingston Canyon where there are still Indian Caves, along highway. Piute County UT Cities, Towns, & Neighborhoods 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 Do You Find A Will That Has Been Probated? How Do I Find Public Probate Records? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah OfficeFree 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
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How Do You Find A Will That Has Been Probated? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/piute-county-utah/ Duchesne County is a county equivalent area found in Utah, USA. The county government of Duchesne is found in the county seat of Duchesne. With a total 8,432.68 sq. km of land and water area, Duchesne County, Utah is the 168th largest county equivalent area in the United States. Home to 20,380 people, Duchesne County has a total 9627 households earning 57683 on average per year. 18 September 1776 The Dominguez–Escalante Expedition came from the east where they crossed Blue Bench and descended into the valley north of the present-day town of Duchesne. We ascended a not very high mesa [Blue Bench] which was level and very stony, traveled about three quarters of a league including ascent and descent, crossed another small river [Duchesne River] which near here enters the San Cosme (Strawberry River), named it Santa Catherina de Sena, and camped on its banks. Along these three rivers we have crossed today there is plenty of good land for crops to support three good settlements, with opportunities for irrigation, beautiful cottonwood groves, good pastures, with timber and firewood nearby. During the winter of 1901 (Thomas) hauled supplies from Heber to the now Duchesne area, to the sheep herd camp of John E. Austin, a brother-in-law. Together with three herders, Mr. Thomas tended sheep on the West bench (D-hill) near the (Theodore) cemetery site. They moved the herds to the East desert for the winter months. The Indians had quite a village where Duchesne is now. It was a winter camp and in spring they scattered. A fence was stretched across the Indian Canyon as pasture for the horses that grazed there on 8″ and 10″ salt grass. Segue see Jack (Ute tribe leader) refused settlers (sheep herders) permission to trespass the village site. The Indians feared the sheep would eat the good grasses. 1905–1906 On June 7, 1905 the Secretary of the Interior directed the Commissioner of Indian Affairs to select one or more tracts of land in the Uintah Reservation suitable for town sites, so they might be reserved as such under the statutes of the United States. Three sites were designated, which are the current sites of Duchesne, Myton, and Randlett. A month later President Theodore Roosevelt approved the selections and declared these lands reserved as town sites. On August 28 the US government opened up the Uintah Basin to settlement of land they had acquired from the Ute Indians under the allotment act of 1891. “Land lotteries” were held in Vernal, Provo, Price, Grand Junction, Colorado, and Vernal, where each person was given a ticket with a number. On August 28 numbers 1 through 111 were allowed to make their claim. On August 29 the next 111 people could make their claim and so on. 60 people, 46 adults and 14 children settled on the town site that is now Duchesne and called it by its first name, “Elsie” (Glen). Government surveyors laid out the streets, and the survey was accepted by the government on 18 October 1905. The first cabin was built by Charles Dickerson and Charles Ragland in October 1905. A.M. Murdock with the help of a few men put up a large circus tent to act as a trading post and post office. The name of the town was changed to Dora for a short time, after Murdock’s 23-year-old daughter, and then changed once again to “Theodore”, in honor of President Theodore Roosevelt. On September 15, 1905, Robert Duchesne Marsh was the first “white” child born in the town site. The first winter was harsh, and the residents were living in tents or other temporary shelter. When spring came the high water of the Duchesne River overflowed its banks, flooding the town. On July 13, 1914, Wasatch County was divided and Duchesne County was created. Duchesne was made the county seat on Nov 5, 1914, by popular vote of the citizens of the county. The name “Duchesne” is taken from the name of the river that runs through town and may have been named by fur trappers in the 1820s in honor of Mother Rose Philippine Duchesne, founder of the School of the Sacred Heart near St. Louis, Missouri, although other theories as to the name exist. Duchesne is located just west of the junction of the Strawberry and Duchesne rivers in the Uintah Basin of northeastern Utah. The Duchesne River drains the southwest slope of the Uinta Mountains, and the Strawberry River drains the eastern slopes of the Wasatch Range and is connected to Strawberry Reservoir. The two rivers combine at Duchesne, and the Duchesne River continues east to join the Green River at Ouray, Utah. Native stands of cottonwood trees and willows grow along the river banks, while sagebrush and rabbit brush fill the un-irrigated bench tops. Alfalfa is the main cultivated crop of farmers in the area. According to the United States Census Bureau, the city has a total area of 2.5 square miles (6.5 km2), all of it land. Amenities• Duchesne Library Duchesne City and the surrounding area plays host to some of the best camping, fishing, boating, hunting, hiking, water skiing, and ATV riding in the state. 4 miles (6 km) to the west of Duchesne city is Starvation State Park. Starvation Reservoir on the Strawberry River was created as part of the Central Utah Project and is a great fishing and boating lake with stocks of rainbow trout, smallmouth bass, walleye, yellow perch, and Utah chub. The current catch and release state record for walleye and Utah chub are held at Starvation. The reservoir has 3,500 acres (14 km2) of surface area and is great for boating. There are four boat ramps; the largest is at the marina which also hosts RV parking, boat docks, camp sites, hot showers, and an RV waste dump. Activities at Starvation Reservoir include the annual Starvation Walleye Classic and Desert Bass Busters Club Tourney. On the banks of the Strawberry River that runs through town is a boardwalk that not only has beautiful views but also is great to fish from. Other great stream fishing can be had on the Duchesne River and Rock Creek. The High Uintah wilderness area is 30 miles (48 km) to the north and boasts great hiking, fishing and alpine camping. ATV riding is permitted within city limits. The Yellow Stone and Reservation Ridge ATV trails are located with 20 miles (32 km) of town. Duchesne sits at the junction of three wildlife management units and is home to world-class big game hunting. Mule deer, pronghorn antelope, elk, moose, bighorn sheep, mountain goat, black bear, and mountain lion can be observed within miles of town. TransportationDuchesne sits at the junction of U.S. Route 40, U.S. Route 191, and State Route 87. US-191 from Duchesne to Helper is designated the Indian Canyon National Scenic Byway. Duchesne Municipal Airport (Airnav U69) is located 2 miles (3 km) northeast of town on the Blue Bench. The airport has a 5,800 by 60 ft (1,768 by 18 m) asphalt runway. Runway edge lights are medium intensity available from dusk – dawn; activate MIRL RY 17/35 & PAPI 17/35 – CTAF. The proposed Uinta Basin Rail project would build a new railroad line into Duchesne for transporting oil drilled in the area. Points of interest• Grave of William Long, aka Harry Longabaugh, aka “the Sundance Kid”. Research is underway that may prove that the Sundance Kid did not die in Bolivia in 1908 but returned to his family in Utah and bought and operated a farm 2 miles (3 km) east of Duchesne until his death in 1936. He is buried in the Duchesne City cemetery. As of the census of 2010, there were 1,690 people, 797 households, and 601 families residing in the city. The population density was 893 people per square mile. There were 550 housing units at an average density of 238.8 per square mile (92.3/km2). The racial makeup of the city was 98.01% White, 0.0% African American, 0.37% Native American, 0.0% Asian, 0.0% Pacific Islander, 1.64% from other races, and 0.0% from two or more races. Hispanic or Latino of any race were 2.57% of the population. There were 797 households out of which 44.67% had children under the age of 18 living with them, 63.82% were married couples living together, 8.9% had a female householder with no husband present, and 26.1% were non-families. 22.0% of all households were made up of individuals and 10.8% had someone living alone who was 65 years of age or older. The average household size was 2.97 and the average family size was 3.55. In the city, the age distribution of the population shows 31.88% under the age of 18, 14.45% from 18 to 24, 21.72% from 25 to 44, 20.81% from 45 to 64, and 10.15% who were 65 years of age or older. The median age was 28 years. For every 100 females there were 11.6 males. The median income for a household in the city was $46,318 and the median income for a family was $58,009. The per capita income for the city was $20,262. Duchesne County UT Cities, Towns, & Neighborhoods Duchesne County Utah Court DirectoryThe Utah trial court system consists of District Courts, Juvenile Courts, and Justice Courts. Below is a directory of court locations in Duchesne County. Links for online court records and other free court resources are provided for each court, where available. District Courts in Duchesne County 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 Long After A Person Dies Will Beneficiaries Be Notified? How Do You Find A Will That Has Been Probated? How Do I Find Public Records?/a> Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/duchesne-county-utah/ Probate is the way toward moving lawful title to property from an individual who has kicked the bucket to that individual’s beneficiaries or recipients. The probate procedure is regulated by a court and can incorporate making good on any regulatory expenses or obligations that are owing, assembling and representing resources, deciding the legitimacy of a will, settling disagreements about who is to acquire and dispersing resources. The lawful term for the probate procedure is testate procedures. In the event that the expired has left a legitimate will, probate might be made simpler and shorter. The individual named in the will as agent will compose the legalities and handle a great part of the probate procedure including representing resources, paying obligations and disseminating the expired’s advantages for the general population named in the will. On the off chance that no agent is named in the will, the expired’s relatives can choose an agent, or the court can name one. The agent at that point presents the will to the probate court in perished’s state, alongside a request requesting that the court acknowledge the will as substantial. On the off chance that the will isn’t contested and the domain isn’t muddled, the probate procedure may take not exactly a year, contingent upon state law. On the off chance that the expired has not left a will, probate may take any longer and be progressively entangled. The probate court will initially designate an overseer to act instead of an agent. The manager will represent the expired’s benefits, pay exceptional obligations and handle the legalities. Be that as it may, in light of the fact that there is no will to stipulate who the recipients will be, the court will at that point appropriate any outstanding resources as indicated by state law. In many states, the main need is given to the expired’s mate, trailed by the perished’s youngsters. Probate appeal” is a term used to portray a solicitation recorded in court by the agent of a home (for a decedent who left a will) or a director of a domain (for intestate decedents) looking for authorization to start the way toward settling a home, for example, through installment of obligations and appropriation of the decedent’s genuine and individual property. On the off chance that an individual left a will, the appeal was known as a request to probate, and if an individual did not leave a will the appeal was known as a request to manage — genealogists allude to these all in all as “probate petitions.”How do find Public Probate records? The terms of a last will and testament are private until the testator, or will maker, dies — you cannot know the contents of a living person’s will unless he shows you. However, once the testator dies, the will’s executor files the document with the probate court. While courts sometimes restrict access to celebrities’ wills, you can review the vast majority of wills at the court clerk’s office. You can even read a celebrity’s will if you are a relative and have a reasonable hope or expectation of receiving a bequest. When to ViewThe last will of a living testator is a private document. Neither heirs nor spouses have a right to view the will during the testator’s lifetime, although she shows it to whomever she chooses. Even the will witnesses view only the signature page of the testament. After the testator’s demise, the person appointed to administer the will, termed the executor, files a petition for probate, attaching a copy of the death certificate and the last will and testament. From that point on, the will is available for public viewing. Where to ViewThe executor files a petition for probate in the superior court of the county in which the testator maintained his primary residence at the time of death. Primary residence is a legal term, determined largely by a person’s intent to return. Some people manipulate their primary residence for tax purposes, so it does not necessarily correspond with the place in which the testator spent most of his time. Obituaries and the death certificate often list the county of primary residence of the deceased. How to View in ProbateDuring probate, you view a last will and testament at the courthouse. Some courts provide Internet sites or dedicated telephone lines with updated probate information; use these to confirm the location of probate and to obtain the case number. Any member of the public accesses the probate file by providing the court clerk the probate case number or the full name and date of death of the deceased. The will is among the first documents in the file. How to View After ProbateCourts retain wills after probate and they remain public information. View a recently probated will in the same manner as one currently in probate, by providing information about the deceased to the court clerk. Courts generally store older wills in archives. Ask the court clerk for the procedure for accessing archived wills. Some courts bundle many old wills together in large folders, arranged alphabetically or chronologically; you sift through original documents for the relevant will. Other jurisdictions store older wills on microfilm. AccessibilityMost court documents are public: The court clerk generally allows anyone to view documents in court files and to make copies. Some court records, however, are so sensitive that state statutes order them sealed. In Connecticut, for example, all court documents recording conversations between a psychiatrist and patient are automatically sealed. While probate files are not among the matters sealed by statute, a court, upon proper motion, orders the records sealed in certain cases, such as celebrity wills. Types of RecordsA probate file contains not only the last will and testament of the deceased, but all documents filed in the probate such as executor reports, lists of bills paid and assets distributed. Probate files also include will objections and will contest proceedings. Members of the public can access both current and closed probate files. Viewing Wills in ProbateStep 1Determine the court in which the will is being probated. Locate the telephone number for the clerk of court and call for business hours. Ask whether probate documents are kept with general court filings. Obtain the exact street address of the probate document location. Step 2Provide the court clerk with the name and date of death. He will obtain the probate case number and pull up the file. Follow his instructions as to where to sit or stand to review the file. Step 3Review the will, one of the first documents in the probate file. Ask the court clerk to make copies of the document to review more fully at home. Pay the small per-page fee. Reviewing Archived WillsStep 1Ask the court clerk where archived wills are stored in your county. Go there with the identifying information about the deceased. Step 2Determine the appropriate procedure for locating the archived will. In some jurisdictions, the clerk locates the will for you using the information you provide. Alternatively, the clerk may send you to an index — either alphabetical or by date — and you access the information for yourself. Step 3Review the archived will. Many courts keep original wills from many years back in binders organized by date, but newer wills will likely be in microfilm. Request copies of the will to review more carefully at home. The court charges a small per-page fee, or directs you to a self-service copier. • Before 1994, Wills and Probate records were two different documents. You will often see more than one result relating to the person you are looking for. Drafting WillsAt the point when the deceased benefactor plunks down to compose a will, the report – including notes, drafts, records and letters to the home lawyer – are private archives. The security of her reports does not rely on lawyer contribution. A deceased benefactor penmanship a holographic will, for instance, holds unlimited authority over who perspectives the archive. Since a holographic will requires no observers, the departed benefactor can keep the will’s presence private, just as its substance. The way toward drafting a will is private. In the event that an individual composes a confirmation in her lawyer’s office, the law requires the lawyer to keep it secret. The departed benefactor additionally doesn’t need to demonstrate the will’s substance to witnesses. States for the most part require that in any event two grown-ups observer the departed benefactor’s mark on structure wills or other arranged wills; the deceased benefactor distinguishes the archive as her will before marking, yet the observers don’t audit will arrangements. A few states grant holographic wills, or wills composed altogether in longhand by the departed benefactor. These wills don’t by and large require attesting observers, and subsequently stay private. Executing WillsExecuting a will means marking it as per the systems required under state probate law. The prerequisites shift among kinds of wills and between wards, however every state necessitates that a departed benefactor sign a readied will – regardless of whether a structure will, a composed will or a will arranged by a lawyer – within the sight of in any event two observers. The departed benefactor insists to the observers that the record is her last will and confirmation before she signs it. Be that as it may, no state requires the deceased benefactor to enable the observers to peruse or audit the substance of the will. During execution, the record stays private. Probating WillsIn her will, the deceased benefactor names an agent, the individual who will oversee the bequest. At the point when the deceased benefactor passes on, the agent petitions to open probate and documents the will with the probate court. He at that point gathers resources, pays home obligations and conveys the property as set out in the will. During probate, the will is an open record. Most court records are open, and no states aside from probate archives from this standard. Any individual from the open may review the will in the court probate record. Filing WillsWhen the agent finishes his work and appropriates the home among the deceased benefactor’s beneficiaries, he closes probate. In any case, the court holds probated wills in its records. These wills, alluded to as chronicled wills, stay open records open to open investigation. As of now, courts store documented wills on microfilm, yet early records stay in unique structure. Individuals from the open glance through files, sorted out either sequentially or by date, to find old wills. Moving a Will to ProbateAn astute deceased benefactor defends his will during his lifetime in a home vault or at his lawyer’s office, and frequently gives a fixed duplicate to the agent he names in the will. At the point when the deceased benefactor passes on, the agent finds the first will and records it – together with a request for probate and a demise declaration – in the court in the nation where the departed benefactor lived. The court directs the way toward approving the will and overseeing the home. How Might I Get a Copy of a Will?Network programs regularly depict a legal advisor perusing the last will and demonstration of the gathered family. In actuality, you for the most part need to find a duplicate of the will yourself. It is simpler to get a duplicate of a will once the creator is dead. You can possibly observe the desire of a living individual on the off chance that she consents to indicate it you. When the producer is expired, in any case, the will is by and large recorded with the court for probate. Like most court archives, by far most of probated wills are accessible for open review and replicating. Step by step instructions to Read a Last Will and Testament After a DeathNetwork programs once in a while incorporate scenes in which a lawyer for an as of late perished mogul peruses the will to the gathered relatives, causing stun and shock. Be that as it may, no American purview requires an open will perusing. The vast majority read a will at the court agent’s office. After a departed benefactor bites the dust, the probate court surveys his will for legitimacy and directs its organization until the agent disperses home property to the beneficiaries. This is named probate. Anybody can peruse or duplicate the will at the town hall during and after probate. 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 How Do I Find Public Probate Records? first appeared on Ascent Law, LLC.
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How Do You Find Someone’s wil After They Die? How Long After A Person Dies Will Beneficiaries Be Notified? How Do You Find A Will That Has Been Probated? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-do-i-find-public-probate-records/ Will is the legitimate revelation of an individual’s goal, which he/she wishes to be performed after his/her demise and once the Will is made by the departed benefactor/testatrix, it must be repudiated during his/her lifetime. ‘Probate’ signifies the duplicate of a Will ensured under the seal of a court of skilled locale with an award of organization of the bequest of the departed benefactor. A probate can be allowed distinctly to the agent designated under the Will. Further, a probate is fundamental if the Will is for enduring resources in various states. Proviso a Latin expression signifies ‘let an individual be careful’. In law, it very well may be clarified as a notice or a safety measure work out (by and large in probate cases) that a specific issue isn’t heard, judgment isn’t passed, request isn’t issued without hearing the individual who has recorded the proviso. It very well may be made in an application officially made or which should be made in future. A probate proviso is a record that is documented in court to avoid the proposed executors or administrators of an expired individual’s home from getting authorization to control the home resources. A probate admonition is utilized to challenge a Will itself. For instance, where somebody accepts that the Will was manufactured or was not composed and affirmed by the perished individual. On the off chance that somebody documents a Probate Caveat in the off-base conditions, the court may arrange that individual to pay the expenses acquired by the other party in managing the admonition. A probate proviso must be documented not long after a perished individual’s passing and before probate are conceded by the court. On the off chance that somebody has worries about somebody’s Will, it is significant that individual should look for lawful counsel at the earliest opportunity after the departed benefactor/testatrix kicks the bucket, in order to ensure that individual begins the procedures inside time and on the right premise. Need of a Probate in specific cases: according to the arrangements of the Indian Succession Act, 1925 (“Succession Act”) the arrangements of testamentary progression are relevant to the Will if: It is appropriate to comprehend the way toward getting the Probate of a Will. A Probate is allowed by the High Court with the court seal and a duplicate of the Will appended. For looking for a Probate, the agent of the Will, as a Petitioner is required to record the appeal (in the wake of making installment of material court expenses relying on the estimation of the benefits) under the watchful eye of the skilled court (a monetary ward may require a higher court to issue a probate for high-esteem resolute resources) through a promoter. From there on, the court as a rule requests that the Petitioner set up the confirmation of death of the departed benefactor, just as evidence that the Will has been truly executed by the deceased benefactor, and that it is the last Will and confirmation of the perished. In the wake of getting the request for a Probate, the court issues a notice to the closest relative of the expired to document complaints, assuming any, to the conceding of the probate and it additionally coordinates the distribution of a reference on board to advise the overall population. On the off chance that there is no protest, then again, if the closest relative of the expired documents their individual agree to the award of Probate, at that point court gives the Probate, in any case, if the closest relative of the perished records their particular issues with the award of Probate, at that point the Probate Petition turns into the testamentary suit, to empower gatherings to lead proof in the issue. It very well may be troublesome assignment to challenge a Will. In the greater part of the cases, courts stick stringently to Wills, since the deceased benefactor is never again there to guard himself. Be that as it may, in the event that you have an enthusiasm for the Will, you can challenge it, and on the off chance that you are effective in persuading the court, at that point the Will can be voided completely or to a limited extent. It is fitting to look for a counsel from a rehearsing legal advisor before testing the Will, since the law encompassing difficulties to a Will is muddled, in addition, the realities of each case are extraordinary. The Will can be tested on any of the accompanying grounds: In the Utah state wills are significant archives and there are circumstances in which you will need to get a duplicate of last will and confirmation. Step by step instructions to get a duplicate of a will relies upon the legitimate status of the will, just as its area. the off chance that you are thinking about how would I get a duplicate of a will for an individual who is as yet alive, the best way to do as such is to ask the individual who composed the will (departed benefactor). A will is a private report and nobody can be compelled to demonstrate their will, yet the departed benefactor can impart duplicates to anybody he wishes. The deceased benefactor may have the will at home, at his lawyer’s office, or recorded with the probate court for supervision where it isn’t accessible for survey. Step by step instructions to discover a duplicate of a will is a significant issue. In the event that somebody in your family passes on and there is no will on record with the probate court or with his lawyer, you should check the home sheltered, safe store box, records, and any stowing away or capacity place where the perished kept significant archives. Your relative may have seen a lawyer you don’t think about, so watch out for business cards or letterhead from law workplaces and call to check with those workplaces. On the off chance that you are pondering where would i be able to get a duplicate of a will of a perished individual, there is a technique to pursue. When the departed benefactor has passed on, if that will has been documented with the probate court of the region the perished dwelled in, the court will open the will and it ends up open record. The most ideal approach to see the will is to get the probate court document number. The agent can give you this data. You might be additionally ready to get to the record number by telephone, on the web, or face to face at the town hall by giving the perished’s name and date of death. A few courts don’t require the date of death and have an online docket you can look by name. Go to the town hall with the record number and ask a court agent to see the document. Getting a duplicate of a will is conceivable by paying a replicating expense. A few courts will likewise furnish you with a duplicate by fax or mail of a will on record. A confirmed duplicate of will is an archive that has been stepped and guaranteed by the court to be a precise of the official report. It might be important to look through the court files for a duplicate of will from numerous years back. The assistant will disclose to you how to do this. The will may be on microfilm or in computerized position for survey. You can get duplicates from the assistant. In the event that the departed benefactor is perished yet the will you are searching for has not been probated, it isn’t open record yet. Notwithstanding, you may at present be permitted get to. Who can get a duplicate of a will? In the event that you are a named beneficiary in the will or a watchman of a minor tyke who is a beneficiary, you are likely allowed access to it by your state’s laws. You should contact the agent to request to see it. On the off chance that you don’t have the foggiest idea who the agent is, get a duplicate of the passing authentication through the province. The name of the agent is recorded on that. Yet, imagine a scenario in which you don’t have the foggiest idea on the off chance that you are a beneficiary. You can look for activity through your probate court to drive the individual holding the will to record it for probate. Your state may have a law making it a wrongdoing not to document a will. The standard guideline is just the first duplicate of a will is substantial. The first is the thing that must be documented with the court. The vast majority cause duplicates of their will to however. A duplicate of a will might be admissible in court if the first has been annihilated by a flame or flood or if the first has been inadvertently lost by the departed benefactor. On the off chance that the first will was intentionally decimated or tossed out by the deceased benefactor since the person needed to renounce that will, the duplicate isn’t substantial. A guaranteed duplicate is helpful for documenting other legitimate papers, (for example, to move title of benefits). Finding a will can take some burrowing, however with persistence and cautious research you ought to have the option to get a duplicate of the will you are searching for. 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 How Do You Find A Will That Has Been Probated? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
How Do You Know If Someone Left You Money After Death? How Do You Find Someone’s Will After They Die? How Long After A Person Dies Will Beneficiaries Be Notified? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-do-you-find-a-will-that-has-been-probated/ At the point when a relative passes on, close relatives regularly accept that they are heirs. Be that as it may, they may not hope to be pushed aside by beneficiaries. What precisely is a heir? What’s a beneficiary? How is a legacy influenced? Misconception this qualification between a heir and a beneficiary frequently causes perplexity and agony for families. This can further confound an effectively tense circumstance. Here are answers to normal inquiries concerning being a heir or a beneficiary, and how that influences a legacy. A heir is a blood relative who is conceivably qualified for cash or property after somebody passes on. A case of a heir is a life partner or tyke. Laws in each state diagram the definite request where heirs acquire property. In any case, the rundown stops at one point, so only one out of every odd heir fundamentally acquires. “Heir” is frequently utilized in situations where an individual has kicked the bucket without a Will. At the point when that occurs, the bequest head is entrusted with discovering who legitimately acquires the perished individual’s property. Remember the expression “heir-at-law” is only the official term for being a heir. There’s no contrast between the two. A beneficiary is an individual or association who gets cash or property since somebody explicitly names them in their Will or trust. Beneficiaries can incorporate foundations, spots of love, a decedent’s dear companion or even his pet feline. In the event that you are explicitly named in a Will, you are viewed as a beneficiary. Here is the place it can get befuddling. You can be a beneficiary who is likewise a heir, yet not all heirs are beneficiaries. For instance, if your mom wills you her pearl accessory, you are a beneficiary since you are explicitly referenced in the Will. Be that as it may, you might be viewed as a heir also in light of the fact that you are your mom’s blood relative. Then again, suppose your dad leaves everything to his best childhood companion, Roger. Roger is viewed as a beneficiary. Roger can’t be a heir since he is anything but a blood relative, regardless of whether your dad thought of him as “family.” You are, truth be told, a heir in this circumstance since you are a blood relative. Be that as it may, Roger will likely still get the majority of Dad’s cash since you were not named in the will. In Utah State it depends whether authority records, similar to Wills and trusts, exist. In the event that there is a Will, beneficiaries like Roger will regularly have more rights to the benefits staying after probate. At the point when there is no Will, the benefits go to the principal heir in line. These heirs are regularly companions or grown-up kids. The procedure proceeds until a living blood relative is found. You may get an official notice via the post office cautioning you that you’re a heir. That doesn’t really mean you’ll get something. Heirs should be informed of a passing paying little respect to whether they are accepting something. Since a Will plots the guidelines of the decedent, it can totally neglect a heir and offer everything to anybody named in the Will, blood relative or not. Spousal rights are a noteworthy special case. Suppose you’re hoping to get something after your old dad kicks the bucket, and in actuality he leaves you everything in his Will. Be that as it may, he remarried years prior and did not put your stepmother in the Will. Since spousal rights are considered in numerous states, your stepmom has spousal rights and can guarantee a level of the home. Anybody with a substantial enthusiasm for the home can challenge (question the substance of) a Will. It’s one motivation behind why agents are required to tell heirs. Yet, be cautioned that challenging a Will is costly and tedious for the two sides. On the off chance that you really think something isn’t directly about a Will, for example, a produced signature or undue impact in the composition and marking of the Will. A beneficiary is somebody who gets something in a Will. You may get an entirety of cash, some land or property or a specific thing (for instance gems). It is very normal for somebody to get an offer in “the buildup”. This is anything that remains over after every one of the blessings have been given out. For the most part, the specialist who is managing the case will get in touch with you in the event that you are a beneficiary. Typically you will get a letter, demonstrating to you what the will says and disclosing to you what you will get. At this stage you are not qualified for a duplicate of the Will except if the agent gives authorization. The agent is the individual responsible for doing the details of the will (for the most part a companion or relative picked by the expired). In the long run the Will is held up in the Probate Office (an administration vault) and will turn into an open archive which anybody can take a gander at. This is the reason the papers can distribute subtleties of individuals’ Wills. The specialist who keeps in touch with you will give you a thought of when you will get your legacy. The period of time it takes relies upon how complex the property of the perished individual was. It isn’t irrational for you to request that the specialist be refreshed normally about when you will get the blessing. On the off chance that your offer in the home is certainly not a specific whole or thing, the specialist won’t realize precisely the amount you will get until the majority of the records have been concluded. This can take some time, yet it is sensible for you to request a “between time dispersion”. This is the place you get a portion of the cash ahead of time. On the off chance that you get a specific thing, for example, gems or a real estate parcel, there by and large isn’t any valid justification why you can’t be given that straight away. To be sure, the agent may like to offer it to you at the earliest opportunity so they don’t have any further duty regarding it. In the event that you got an offer in anything that remains over (“the buildup”), you are qualified for get a letter toward the start of the case from the specialist revealing to you what the costs will be. Toward the finish of the case, you are qualified for get the “agent’s record” which sets out the majority of the figures included. In the event that you are discontent with the manner in which the case is going, you can go to a specialist and make lawful move so you can recuperate what is because of you. This isn’t possible until a year after the passing. The agents are enabled this period to gain ground in managing the case. You may need to make good on legacy regulatory obligation on what you get. Except if you are living abroad, the specialist managing the case will by and large not manage your government form for you. There are numerous guidelines managing legacy charge, for instance, you might be qualified for a tax exempt aggregate or you may need to make good on government expense at 30% of what you get. You have to take charge exhortation on the off chance that you are a beneficiary. When somebody passes on, the conveyance of their advantages in the state of the Utah, is preferably dictated by an unmistakable and legitimately restricting last will and confirmation. If not, the advantages go under the control of the state, which decides the most ideal approach to appropriate them. Wills must go to probate court to demonstrate their legitimacy. Beneficiaries of a will must be advised no later than a quarter of a year after the will is acknowledged for probate. In circumstances where the will is organized to maintain a strategic distance from probate, nonetheless, there are no particular warning prerequisites. Besides, probated wills are open record. When the will is demonstrated substantial, any individual who supposes the individual might be a beneficiary is qualified for view the will at the town hall. A probate is a legitimate procedure of demonstrating a will is substantial. It is regulated by a probate court, which analyzes the will and after that gathers the benefits of the expired and disseminates them to the heirs as named in the will. When the probate court announces the will as legitimate, all beneficiaries are required to be informed inside a quarter of a year, however notice for the most part happens much sooner. Certain wills are organized explicitly to maintain a strategic distance from probate. This should be possible by setting up joint occupancy or making a will payable upon death. In these situations, there are no formal warning necessities except if explicitly expressed in the details of the will. Probated wills are open record, which means anybody can appear at the town hall and view them completely. An individual who has motivation to accept he may be incorporated into a will may along these lines analyze the will and see with their own eyes. Every region town hall includes a Register of Wills, which is the place probated wills might be seen. A probate isn’t required in all conditions. On the off chance that the expired has resources beneath a specific edge (dictated by each state), probate may not be vital, and the settlement might be taken care of secretly. Additionally, specific sorts of benefits don’t need to go to probate court. These benefits incorporate annuity resources and individual retirement accounts. To shield beneficiaries in Utah State from stressing (and whining), don’t hang tight for them to come to you. When you take on your agent’s obligations, beginning with recording the will and verifying domain property, let everybody know. Reveal to them that the will named you as agent (or if there’s no will, that you’re willing to take at work and have need under state law) and that you’ll be gathering property, covering bills and government obligations, and in the long run conveying property to the general population who acquire it. On the off chance that you realize that a formal probate continuing will be required, told them that, as well, and give them a thought of the time allotment. In the event that specific property can be moved without probate, clarify that, as well. In case you’re working with a legal advisor, let them know. Email is regularly a simple method to contact gatherings of individuals and ensure everybody gets a similar data. The key is basically to tell individuals what’s in store. In the event that somebody needs to see a duplicate of the will, produce it speedily. When the will is saved with the court—which you ought to do whether you really document a probate case later—it’s an open record in any case, accessible to any individual who wishes to see it. Beneficiaries frequently gripe that probate takes excessively long. It’s difficult to accuse them, since it takes quite a while before they can really get their legacies. In any case, it’s not the agent’s flaw. You’ll presumably need to clarify (or remind them, in the event that you’ve just conveyed it) that hard as it might be to accept, that once you document the probate case and distribute notice of it in the nearby paper, the law expects you to fail to help a time of months. The holding up period, which differs by state yet is regularly four to a half year, is to give lenders time to catch wind of the demise and approach with their cases. On the off chance that they don’t, they’re stuck between a rock and a hard place after the holding up period closes. 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 How Long After A Person Dies Will Beneficiaries Be Notified? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
How Do You Find Out The Executor Of An Estate? How Do You Know If Someone Left You Money After Death? How Do You Find Someone’s Will After They Die? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-long-after-a-person-dies-will-beneficiaries-be-notified/ Wills are the most widely recognized path for individuals to express their inclinations about how their property ought to be dealt with after their demise. A will is like a guidance booklet for the probate court, the court that manages bequest organization and disagreements regarding the will itself. The will gives the court direction regarding how to convey the expired individual’s advantages as per his or her desires. Wills have been alluded to as “tickets to probate court.” In enormous homes, the best way to legitimately move resources as per the will is through the probate procedure. Nonetheless, wills just control probate resources, that is, those advantages that can be moved by the probate court. A few resources don’t need to be probated and for the most part are not constrained by a will. These advantages include: Property held in joint occupancy, which gives that, upon the demise of one joint inhabitant, the expired individual’s advantage consequently goes to the enduring joint tenant(s); since these advantages are moved by methods other than the probate procedure, a will by and large does not control how they are appropriated. An individual names her life partner in a recipient assignment to get her disaster protection continues on her demise. In her will, she names her sister to get those equivalent continues. Since the returns are paid straightforwardly to the mate, they never moved toward becoming piece of the expired individual’s domain. In this manner, her will, which just controls her home, can’t abrogate the recipient assignment. A will must meet certain formal necessities so as to be substantial, else it might be tested during the probate procedure. These necessities fluctuate from state to state. For the most part, the individual making the will (the “departed benefactor”) must be a grown-up of sound personality, implying that the deceased benefactor must almost certainly comprehend the full significance of the archive. Wills must be written much of the time. A few states enable a will to be in the deceased benefactor’s own penmanship, however a superior and progressively enforceable choice is to have a composed or pre-printed archive. A deceased benefactor must sign his or her very own will, except if the individual can’t do as such, in which case the departed benefactor should guide someone else to sign the will within the sight of observers, and the mark must be seen as well as legally approved. A substantial will stays in power until denied or supplanted by a consequent legitimate will. A few changes might be made by revision (an “addition”) without requiring a total re-compose. Some lawful limitations keep a deceased benefactor from giving full impact to his or her desires. A few laws forbid exclusion of life partners or ward youngsters. A wedded individual can’t totally exclude a life partner without the life partner’s assent, more often than not in a prenuptial understanding. In many locales, an enduring life partner has a privilege of race, which enables the mate to take a legitimately decided rate (up to one-half) of the home when the individual in question is disappointed with the will. Nondependent youngsters might be excluded, yet this inclination ought to be plainly expressed in the will so as to keep away from perplexity and conceivable lawful difficulties. A will typically designates an agent or individual delegate to play out the particular wishes of the deceased benefactor after the person in question bites the dust. The individual delegate merges and deals with the deceased benefactor’s benefits, gathers any obligations owed to the departed benefactor at death, offers property important to make good on domain regulatory expenses or costs, and records all essential court and duty archives for the bequest. While wills might be “tickets” to experience the probate procedure, not having a will powers the probate court to appropriate the property without direction from the deceased benefactor. Biting the dust without a will leaves a domain intestate, and a probate court must advance in to gap up the bequest utilizing lawful defaults so as to offer property to enduring relatives. An individual delegate should in any case be named, however the court must pick somebody as opposed to following the expired individual’s desires. The court pays any unpaid obligations and demise costs first, and afterward pursues the lawful rules. The principles differ contingent upon whether the expired was hitched and had youngsters, and whether the life partner and kids are alive. In the event that the intestate individual has no enduring mate, youngsters or grandkids the bequest is isolated between different other relatives. Therefore, intestacy implies that individuals who might never have been gotten property may do as such. Also, state intestacy laws just perceive relatives, so dear companions or foundations that the expired favored don’t get anything. Where some little domains are concerned, a will might not need to be probated. On the off chance that the estimation of the benefits in the domain is underneath an edge set up by state law, a short bequest continuing may maintain a strategic distance from the probate procedure altogether. The organization of domains is mind boggling and changes a considerable amount from individual to individual – while passing on without a will convolutes matters significantly more. On the off chance that you have a specific bequest organization needs, a domain arranging lawyer will most likely clarify the procedure and handle the subtleties so as to serve your family’s best advantages. When somebody bites the dust, you may not generally know whether they had a will, or where the will is kept, particularly in the event that they passed startlingly. You may likewise need to discover a will if the agent isn’t eager to impart the subtleties to you and you’re worried that you may need to challenge them in court. All in all, how would you see whether somebody has a will, and when would you be able to do it? Here are a couple of approaches to discover a will when the will is documented with the administration for probate. Films, TV, and books may delineate scenes including “the perusing of the will,” yet this is simply an anecdotal situation. It doesn’t occur, in actuality, in any event not in the present day and age. Bequest lawyers were in the propensity for social affair the family in their workplaces to peruse the will for all to hear in days passed by on the grounds that not all individuals were educated. They probably won’t most likely read the will without anyone else. Be that as it may, no state at present requires a “will perusing” starting at 2019. The bequest lawyer will figure out who’s qualified for get a duplicate of the will and send it to these people. The most clear individuals to get a duplicate are the agent, the recipients, and any watchmen named in the will. The bequest’s bookkeeper, assuming any, will require a duplicate so she can comprehend what the will says about the installment of cases, and remuneration for the agent and experts enrolled to help with probate, for example, herself and the lawyer. Cases can be documented against the bequest by loan bosses and duties may be expected, and the bookkeeper will need to think about any arrangements for installment. Utah state law managed who gets a duplicate of a “pour-over” will when the perished likewise had a revocable living trust. This kind of will successfully gets any advantages or property that were let alone for the trust by mistake or exclusion, and it normally guides the agent to move or “pour” these benefits into the trust at the season of death. A will turns into an open court record when it’s confessed to probate, paying little heed to who’s qualified for get a duplicate under appropriate state law. Anybody can go to the proper town hall and request to see the will, or compose a letter to the probate court to demand a duplicate via mail or fax in the wake of paying an ordinarily little charge. • Stage 1 • Stage 2 • Stage 3 • Stage 4 So as to make a legitimate will, you should not just set out your desires in a composed and saw record, yet you should likewise have, according to the law, the psychological ability to do as such. This implies you should make your will with “comprehension and reason” and not be experiencing states of mind, for example, daydream, crazy doubt or abhorrence. It is your state of mind at the time you caused your will to is that legitimately significant. On the off chance that you experience the ill effects of any psychological issue, it is significant that proof is left with your will (for instance, from a specialist) that demonstrates you were rationally skilled at the time you made the will. Something else, your will can be available to challenge. Your will can likewise be tested on the premise that you were acting under strain or undue impact when you made it so it is significant that you get autonomous legitimate counsel and not utilize the administrations of a specialist of any potential recipient of your will. Free Initial Consultation with LawyerIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a 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 Do You Find Someone’s Will After They Die? first appeared on Ascent Law, LLC.
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Can You Go To Jail For A Foreclosure? How Do You Find Out The Executor Of An Estate? How Do You Know If Someone Left You Money After Death? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-do-you-find-someones-will-after-they-die-2/ Most people dream of an inheritance when times get tough. The procedure to determine whether someone left you money in a will depends on whether the testator is alive or dead. The final will of a living testator is a private document; you view it only if the testator agrees. When the testator dies, the executor of his will notifies all named heirs. You can double-check for yourself by a visit to the probate clerk’s office. • Realize that the only way to determine if a living person includes you in his will is to ask. A “last will and testament” is only definitively “last” after the person’s demise; he amends or supersedes it as he pleases during his lifetime. It remains a private document, fully revocable, even if filed with the court for safekeeping, a procedure permitted in some jurisdictions. However, the will is only as secret and confidential as the testator wishes it to be. He shows it to those he pleases. Asking doesn’t cost you anything, although it may not endear you to the testator. Check Probate FilingsIf your deceased friend or relative left a valid will, it’s very likely filed with the probate court in the county in which she lived. Although a will is a private document while the person who makes it is alive, it becomes a public document when she dies and it’s filed with the court. Most wills have to go through a court-supervised process where debts and assets are gathered before inheritances are distributed. A will is among the first documents filed in the probate process. You can call or visit the court clerk’s office to see whether it’s been filed and to get the probate case number. In some states, the court clerk will copy the document and mail it to you for a fee. When There Is No WillIf your friend or relative dies without a will, she didn’t actually leave you money. You still might inherit from her, however, if you’re among her closest blood relatives. When someone dies without a will, the property passes under the state’s intestacy statutes. Each state’s laws differ, but generally the surviving spouse receives the lion’s share, followed by the decedent’s children. Parents and siblings often come next in line. To figure out whether you might get part of the estate, research the relevant state’s intestacy statute to see where you fall in line. You might not need to get probate if: Preparing for probateThe first step in applying for probate involves some ‘hunting’ and a little paperwork. Specifically, you need to find the will and make copies of certain documents. When you fill in the probate forms, you need to put in how much the estate is worth. Value jointly owned assetsBefore you can work out the value of the deceased’s share of a jointly, you’ll have to find out how it was owned. Examples of this type of assets are a car, a house or a piece of land. They might have owned this asset either as: Joint bank accountsJoint bank accounts are nearly always held as ‘joint tenants’. So, while ownership of the account usually automatically passes onto to the joint account holder, you do need to value it as part of the deceased’s estate. To value the deceased’s share of a joint bank account, you need to find out the balance in the account and divide it by the number of account holders. HMRC usually scrutinizes joint accounts held by unmarried couples or other combinations (e.g. parent and child) more closely. This because the normal exemptions from Inheritance Tax might not apply, and that the surviving joint holder could be liable for a certain amount of tax. Asset owned as ‘tenants in common’ Working out Inheritance TaxOnce you’ve got the value of the estate and how much debt the deceased had, you need to work out the Inheritance Tax due This tax is due within six months from when the person died. And interest is charged if it’s not paid within six months. So to help avoid paying this interest, consider paying some or all of the Inheritance Tax before you finish valuing the estate. If you’re paying this from your own account, you can claim it back from the estate. Applying for probate or confirmationOnce you’ve valued the estate, you’ll need to fill in a few forms and send it to the nearest Probate Registry office. You’ll also need to pay an application fee, and some or all the Inheritance Tax (if any) to HMRC. How much you need to pay and what forms you need to fill in depends on where you live. You don’t usually need to apply for probate if the estate was either: If you’re applying online, you will not need to download the forms, but you will need to send in the original will. The address to send this too varies depending on where you live and you will be given the correct address once you have completed your online application. The payment is also made once you’ve submitted your application online. You no longer need to swear an oath, but you will have to sign a statement of truth to confirm the contents of the probate application are true. This can also be done online if you’re submitting an online application. A last will and testament details how you want your estate handled after you die. If you’re writing a will, you’ll name an executor to handle your affairs after you die. The will instructs the executor on how to divide your assets among your heirs. But if you’ve been left money in a will, there are a few steps to take to get that money. • Talk to the executor: If you’re not the executor of the estate, find out who is and talk to them. 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 How Do You Know If Someone Left You Money After Death? first appeared on Ascent Law, LLC.
4.9 stars – based on 67 reviews
Wage Garnishments-The Law In Utah Can You Go To Jail For A Foreclosure? How Do You Find Out The Executor Of An Estate? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-do-you-know-if-someone-left-you-money-after-death/ When a testator drafts her will, she not only names individuals to inherit her property, but also appoints someone to complete the administrative task of transferring assets to heirs. This person called the executor carries out the testator’s instructions while complying with requisite legal procedures. She owes duties to the deceased testator, the heirs and the court that prohibit any in-dealing or dishonesty. After the testator’s death, the executor files the will in probate and begins administering the estate. Step 1: Locate the probate court administering the will. Check first with the court in the county where the testator resided at death. Telephone the court to determine the probate search procedures in place. Some courts maintain a probate telephone line. You phone in, enter the name or date of birth of the deceased and receive probate information including the probate number. Other jurisdictions provide an interactive Internet site while all offer information to members of the public appearing at the court clerk’s window. Step 2: Visit the court clerk’s office during regular business hours. Provide the court clerk with the probate file number and ask to see the file. The clerk provides the file and advises you where to review it. If the court recently opened probate, the file contains only a few documents. Review the documents. First determine whether the executor filed the will. In many jurisdictions, the law allows heirs to file the will in probate court, although an executor steers it through administration. Step 3: Note the executor’s name, address and phone number, if the executor filed the will. If an heir deposited the will in probate court, review the will provisions to ascertain whether the testator named an executor. Although many wills name executors, the court does not void a will that fails to appoint an executor. If an executor’s name appears in the will, look further in the documents for notice that the executor accepted the appointment. Step 4: Review the probate filings to locate a document appointing an executor. The court appoints an executor if the named executor is unable or declines to serve, or if the will fails to name an executor. If no document appears, the court has yet to make an appointment. Check back periodically until the file reflects the name, address and phone number of a court appointed executor. An executor sometimes referred to as an executrix when a woman assumes the job—is the individual responsible for managing the affairs of a deceased person’s probate estate. A decedent can no longer own property, so everything he owned at the time of his death must be legally transferred to living beneficiaries. This is where probate comes in and what it accomplishes. It’s the legal process of making sure the decedent’s debts and liabilities are paid off from the cash and assets he left behind, then transferring ownership of what remains to his beneficiaries. The Probate ProcessProbate can last for months or even years in some cases if an estate is extremely complicated. The executor is responsible for managing the estate throughout the entire process. This typically involves seeking approval from the probate court before taking some actions, and it can involve numerous court filings and some court appearances. The executor must deal with beneficiaries, heirs, and professionals, such as accountants and appraisers. Her duties throughout probate occur in somewhat chronological order. Appointing an ExecutorA decedent will typically name her choice for executor in her will, and the judge will almost always appoint that individual unless beneficiaries object, and this also requires a separate lawsuit. Otherwise, if the will is silent or there is no will, a judge will usually appoint a close family member. Many states have statutes citing which relatives qualify and in what order of preference. The judge will grant the executor authorization to act on behalf of the estate through “letters testamentary” or “letters of administration.” He can provide these documents to various entities such as insurance companies or financial institutions to confirm that she has the legal authority to act on behalf of the estate and its beneficiaries. Submitting the WillThe executor’s first order of business is to submit the decedent’s last will and testament to the probate court. This officially begins the process of opening the probate estate. The executor must then attend a hearing where a judge will determine if the will is valid; it meets the letter of the law in that state and contains no procedural errors. This hearing also provides an opening in most states for certain individuals who have an interest in the estate to contest the will. They can then open a separate lawsuit to convince the court that it’s invalid and its terms should not be honored. Gathering AssetsThe executor must first identify all the decedent’s assets and gather them for safekeeping when it’s feasible. This might be the case if the decedent left a valuable piece of jewelry or an item of artwork. Property of this nature can’t be left unsecured so a family member or anyone else might freely walk off with it. Part of this process can be a literal hunt for assets, such as bank and investment accounts, insurance policies, or safe deposit boxes. The executor will typically go through the deceased’s personal papers and interview family members in an effort to track down all accounts that might exist so that he can take control of them. Some or all of these assets might be mentioned in his will, but the executor can’t simply assume that there are no other assets just because they’re not bequeathed to anyone. The decedent might have acquired them after he made the will, or he might have overlooked some. When all assets have been gathered and identified, the executor must then maintain them when necessary using estate funds. This can involve making sure that insurance policies don’t lapse, and that mortgage, car loans, and other installment loans are kept current. It will require setting up an estate bank account. The decedent’s personal bank accounts and cash assets are then transferred into this account so the estate can operate. The executor must submit a report or listing of all assets to the probate court in most states. Making Notifications of the DeathThe executor will make all necessary notifications of the death, including to beneficiaries named in the will if they’re not already aware. This might or might not be a formal process. Services, subscriptions, and benefits the decedent was receiving must be contacted and terminated as well. Credit cards should be officially canceled, and the Social Security Administration must be notified if the decedent was receiving benefits. Paying the Decedent’s DebtsThe decedent’s creditors must also be notified because the estate is responsible for paying his final bills and debts. Family members, beneficiaries, and heirs typically aren’t liable for these debts, no matter what creditors might insinuate, unless they’re cosigners on a particular loan or account. An exception exists for spouses in some states. The executor must identify the deceased’s creditors, often through the same methods she used to pinpoint all his assets. She must send them notice that the decedent has died, and most states also require that she run a newspaper notice to ensure that unknown creditors are also alerted. Creditors can then make claims to the estate for payment. The executor decides if the claims are valid and, if so, she’ll pay those debts from estate funds. She can also decline to pay certain debts if she feels they’re not valid. In many states, the creditor can then petition the court to override her decision. This usually requires that the executor appear in court to defend her position, often with an attorney paid for by the estate. Closing the EstateFinally, the executor will submit an accounting to the court detailing all actions and transactions he made on behalf of the estate. If the judge approves the accounting, he will then grant the executor authority to distribute the estate’s remaining funds and property to the beneficiaries named in the decedent’s will. Identifying the Executor Before Probate OpensIf you know you’re a beneficiary or if you qualify as an heir, someone who is closely related to the deceased so you’re likely to inherit even if he didn’t leave a will – you should learn the identity of the executor in relatively short order. Her role is to inform you that the will is in probate. If you hear nothing, however, you’ll have to do some digging to identify her. This is easiest after the will’s been admitted to probate, but if it hasn’t, you can file something called a caveat with the probate court in many states. This document alerts the court that you want to be notified when and if a will is presented for probate. It becomes a matter of public record when this happens so you can get a copy and find out who the executor is. Getting the Will From the CourtYou can visit the courthouse and request a copy of the will from the clerk after it’s in the custody of the probate court. Some states, allow you to request a copy online. You may need a court case number for the probate estate, but many courts have searchable databases where you can enter the deceased’s name and find the number. You then can request a copy of the will, as well as all other documents that have been filed with the court on behalf of the estate. The executor’s name should appear on most of these documents, along with her contact information in many cases. If there is no will, court proceedings are necessary to open an intestate estate. Someone will eventually be appointed to probate the estate. The proceedings are a matter of public record, so check court records periodically to find out who the court has assigned to the job. Many states provide this information online, but if yours doesn’t, pay a visit to the probate court clerk’s office periodically to keep abreast of the situation. Demand for Account and RemovalAn executor is legally liable to the estate beneficiaries for losses his actions cause. The beneficiaries or any other person with a legal interest in the estate, such as an unpaid creditor of the deceased, have the right to ask the probate court to demand an accounting from the executor if they believe she is stealing from the estate. The court orders the executor to provide an inventory list, a complete account of what she’s done so far, and supporting evidence, such as receipts and cashed checks. If the court finds the executor is stealing, her authority to act for the estate is revoked and she no longer has access to assets. Typically, the court names a new executor or administrator in her place. Civil Lawsuit and ContemptThe interested parties harmed by the executor’s theft, typically the heirs, can sue the executor in the local civil court for the money back and associated damages, such as court expenses. An executor is who is stealing might also be found in contempt of the probate court. Contempt of court carries both fines and a possible jail sentence, but fine amounts and sentence length depend on the area and severity of the case. Executor BondSome wills require the executor to get a bond from an insurer, referred to as a probate or executor bond, to insure against loss to the estate because of the executor’s actions. If a bonded executor takes money from the estate, the heirs might be able to make a claim against the bond for the amount stolen. The insurance company that issued the bond pays the claim. Powers of the Administrator (in cases of no will)When someone dies without a will in Utah, an administrator, rather than an executor, must be appointed. The roles and duties of both are very similar in that the fiduciary’s task is to manage and distribute the estate assets to the rightful heirs or beneficiaries. However, where the executor must follow the wishes of the decedent set out in the will, the administrator must simply distribute estate assets to the heirs, which commonly involves turning non-liquid assets to cash. The fiduciary begins the process by liquidating the decedent’s stocks and bonds, emptying out bank accounts, selling any tangible items of value, and most importantly, selling real estate owned by the decedent during his or her life. All cash realized from the liquidation is deposited into an estate bank account. After satisfying creditor claims, legal fees, and other administration expenses, the remaining balance is distributed to the heirs-at-law, in equal shares. Unlike probate, where the last will and testament, as the controlling document, dictates what the executor can or cannot do, there is no will to refer to in an administration proceeding. There is no will for the Surrogate’s Court to reference, for example, showing that the decedent prohibited the sale of his home or intended a life estate for his elderly mother. Absent such language in a will prohibiting or delaying a sale, the property is sold by the administrator. The Executor’s Power to Sell Property (decedent died with a will)In a probate case, whether or not the executor has the power to sell a piece of property depends on the language of the will. In short, if the will does not disallow a sale, the executor can sell a property without the beneficiaries consenting. If the will is silent on the topic, or gives the executor absolute discretion to do as he or she sees fit with the property, we can assume the executor has the authority to sell. As in an administration proceeding, your reason for stopping a sale must be compelling in a probate proceeding. If the transaction is fair, is in the best interests of the estate and is in line with the decedent’s wishes, then the executor can sell property without seeking consent and without notice. So long as the executor’s letters testamentary do not limit her right to sell, she can hire a real estate broker to list the home on the market, and sell the property without ever notifying the beneficiaries of the sale except when its time to distribute the proceeds. If letters testamentary do contain limitations and language such as, for example, “the fiduciary is restrained from selling, encumbering, mortgaging, disposing the real property of the estate”, the executor must notify all interested parties of the terms of the proposed sale and seek court approval. The petition for approval to sell estate property must include the contract price, the terms of the sale, and a copy of the contract. The beneficiaries can then object if something is amiss. Some proper objections can be that the price is too low, all beneficiaries agree to keep the home, the contract includes unfavorable or prejudicial terms, the executor is self-dealing or there’s an apparent conflict of interest. Your dislike for the real estate agent or the executor is not grounds for objection. In sum, the executor does have a final say in which they choose as the probate lawyer and the real estate broker, in the list price and sale price, and the terms of the contract. This is provided that there’s no self-dealing, the legal fees and commission are reasonable, and the sale price is fair market value. The fair market value will depend on the recent sale comparisons in the area and the condition of the home. If the buyer to the contract is obtaining a mortgage for the purchase, ask the probate lawyer to see the appraisal report issued by the lender’s appraiser. The report will detail the condition of the home and the appraiser’s determination of the market price. The fiduciary does not have a final say in how the money is distributed. The decedents must be followed and any deviation must be brought to the Surrogate’s Court’s attention for approval. If the will provides that the probate estate is to be split equally among the children, the executor cannot give more to one simply because she feels that child is more deserving. Serving as the executor of someone’s last will and testament can be an honor and the most terrifying experience of your life at the same time. By definition, an executor is entrusted with the large responsibility of making sure a person’s last wishes are granted with regards to the disposition of their property and possessions. When it boils down to essentials, an executor of a will is responsible for making sure that any debts and creditors that the deceased had are paid off, and that any remaining money or property is distributed according to their wishes. 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 How Do You Find Out The Executor Of An Estate? first appeared on Ascent Law, LLC.
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Wage Garnishments-The Law In Utah Can You Go To Jail For A Foreclosure? Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/how-do-you-find-out-the-executor-of-an-estate/ The ѕhоrt аnѕwеr iѕ NO.The house owner will nоt gо tо jаil but if thе bank dоеѕ not receive рауmеnt, thеу will рrоbаblу hоund their debtor fоr ԛuitе a lоng timе, until they receive what they want . It is possible that thе bank will never dесidе tо gо аftеr thеir dеbtоr fоr thеir mоnеу. In mаnу ѕituаtiоnѕ, thе bаnk mау rесеivе еnоugh mоnеу tо рау off thе dеbt еntirеlу juѕt by аuсtiоning оff the рrореrtу. Hоwеvеr, in this ѕоrt of ѕituаtiоn, or if thе bаnk сhооѕеѕ nоt tо рurѕuе thе liability fоr аnу оthеr rеаѕоn, thе government will рrоbаblу tаkе that mоnеу from the dеbtоr оthеrwiѕе. If thе bаnk believes thаt they саn ѕtill get mоnеу frоm a debtor, thеу might сhооѕе tо take it to соurt tо рurѕuе wage gаrniѕhmеnt. In thе United States, wage gаrniѕhmеnt is automatically limitеd tо оnlу 25% оf disposable income. Therefore, wage gаrniѕhmеnt is never going to create аnоthеr рrоblеm, in whiсh a debtor is unаblе to рау other bills. In such a situation, аll of thоѕе billѕ wоuld bе саlсulаtеd intо nоn-diѕроѕаblе inсоmе. The ѕаfеѕt thing tо do in ѕuсh a situation is tо dесlаrе bankruptcy. A gооd thing tо dо wоuld be to соntасt a bаnkruрtсу attorney, whо would probably givе a free соnѕultаtiоn аnd explain thе diffеrеnсе bеtwееn сhарtеr 7 аnd сhарtеr 13 bаnkruрtсу. Thеrеfоrе, a реrѕоn gоing through a fоrесlоѕurе doesn’t have tо worry about ѕреnding any time in jail. Aѕ thе mоrtgаgе mеltdоwn соntinuеѕ to affect house owners nationwide, mаnу fаmiliеѕ find themselves faced with a роѕѕiblе fоrесlоѕurе if thе bаnk is unwilling tо аdjuѕt the рауmеnt. If уоu’vе fаllеn bеhind оn payments, оr can see thаt as a роѕѕibilitу dоwn thе road bесаuѕе оf some financial hardship, then it’s wise tо еxрlоrе all орtiоnѕ thаt аrе available tо hеlр аvоid fоrесlоѕurе. Fоrесlоѕurе hарреnѕ thrоugh thе court system, and thiѕ will bе in рubliс rесоrdѕ аnd also аdvеrtiѕеd in thе lосаl nеwѕрареrѕ. Thiѕ mеаnѕ thаt mоѕt likеlу, your rеlаtivеѕ and friеndѕ will ѕее уоur hardships, and this iѕ сеrtаinlу nоt good fоr уоur image оr уоur ѕеlf-еѕtееm. Thiѕ iѕ one оf thе main reasons whу you ѕhоuld avoid it аnd ѕаvе your fасе frоm shame. It iѕ оftеn thе case that thе hоmе bеing fоrесlоѕеd hаѕ ѕоmе еmоtiоnаl and sentimental vаluе on thе owner. For whаtеvеr реrѕоnаl reason you hаvе in kеерing уоur property, it will оnlу ѕhоw thе vаluе of thе hоmе or the property bеing rероѕѕеѕѕеd bу thе lеndеrѕ. Letting gо of уоur ѕеntimеntѕ аnd your mеmоriеѕ will bе аn еmоtiоnаl еxреriеnсе fоr you. In the рrосеѕѕ оf fоrесlоѕurе, the lenders usually еnd up tаking all the еԛuitу frоm thе hоuse оwnеr bесаuѕе thе fееѕ аnd еxреnѕеѕ invоlvеd саn bе high. In ѕоmе саѕеѕ, whеn a fоrесlоѕurе оссurѕ, thе реrѕоn оr thе fаmilу whо lоѕt thеir hоuѕе hаѕ nоwhеrе else to gо. It is hаrd to bе homeless and keep уоur dignity intact. This iѕ оnе оf thе biggest fеаrѕ аnd wоrѕt-саѕе ѕсеnаriо when faced with fоrесlоѕurе hарреnѕ. It is also hаrd tо mоvе into a nеw place. Along with thе relocation, соmеѕ thе change оf diѕtаnсе from your nеw hоmе tо уоur рlасе оf wоrk. Mаnу реорlе hаvе purchased their hоmе tо be near thеir рlасе оf work. It might bе tоо hаrd tо find a nеw house in thе ѕаmе lосаtiоn, and the оwnеr of thе hоuѕе might even rеѕult in a сhаngе оf jоb to ассоmmоdаtе hiѕ nеw ѕtаtuѕ. It is entirely роѕѕiblе for аnу fаmilу tо have some finаnсiаl diffiсultiеѕ at ѕоmе timе, аnd thаt соuld саuѕе thеm to be unable to kеер uр with thеir mоnthlу mortgage payments. Fаmiliеѕ in thiѕ ѕituаtiоn are dеfinitеlу at highеr riѕk of losing thеir hоmе. Becoming a hоusе оwnеr iѕ a substantial finаnсiаl investment, аnd on top оf that, thеrе iѕ соnѕtаnt mаintеnаnсе, and оftеn аt times you might not be able to afford thеm. If thiѕ happens tо уоu, thеn you mау fееl as though you hаvе nо control bесаuѕе уоur dеbtѕ аrе fоrеvеr inсrеаѕing аnd it ѕееmѕ imроѕѕiblе tо make аnу headway intо рауing them оff. Fоrесlоѕurе iѕ a gеnuinе роѕѕibilitу whеn things get likе thiѕ, аnd it might еvеn fееl as thоugh уоu hаvе nо сhоiсе in the matter. Of соurѕе, you ѕtill hаvе thе орроrtunitу to ѕаvе уоur hоusе from fоrесlоѕurе. Thеrе аrе ѕеvеrаl options аvаilаblе tо аnуbоdу thаt is finding it challenging to keep uр with thеir mоrtgаgе payments. If уоu keep уоur еуеѕ ореn аnd lооk аrоund, you аrе vеrу likеlу tо find something that саn hеlр уоu оut оf your dilemma. If уоu ѕеаrсh оn thе intеrnеt, уоu will find mаnу websites thаt can givе you plenty оf uѕеful аnd insightful infоrmаtiоn аbоut fоrесlоѕurе аnd whаt you can dо tо рrеvеnt it from happening tо уоu. Whеn you are gоing through a timе аѕ ѕtrеѕѕful аѕ thiѕ, it iѕ vitаl tо уоu kеер уоur hеаd together at аll times. If уоu dоn’t, thеn уоu will nоt be thinking clearly tо mаkе rаtiоnаl dесiѕiоnѕ аnd dо whаt уоu nееd tо dо soon еnоugh. By thе wау, by researching аnd соmраring thе bеѕt ѕtор fоrесlоѕurеѕ services in thе market, you will bе able tо dеtеrminе thе оnе thаt mееtѕ уоur ѕресifiс financial situation, рluѕ thе сhеареr аnd quicker орtiоnѕ. However, it is advisable going with a truѕtеd and reputable stop fоrесlоѕurе ѕресiаliѕt before mаking any decision, this wау уоu will ѕаvе timе thrоugh ѕресiаlizеd аdviсе соming from a ѕеаѕоnеd foreclosing advisor аnd mоnеу bу gеtting bеttеr rеѕultѕ in a shorter реriоd, whiсh means getting your hоuѕе оut of riѕk аѕ ѕооn as роѕѕiblе. All уоu nееd tо dо is find timе tо tаlk tо уоur mortgage соmраnу аbоut the сurrеnt ѕituаtiоn with уоur рауmеntѕ. They might bе willing to wоrk ѕоmеthing out tо give уоu a сhаnсе tо catch uр with уоur payments аnd рrеvеnt thе thrеаt оf fоrесlоѕurе. Yоu might аlѕо find a few companies thаt соuld also help you, but be саrеful whеn dеаling with this, because thеу might riр уоu оff аnd cause уоu еvеn more рrоblеmѕ than уоu аlrеаdу hаd. Yоu don’t nееd tо try аnd solve еvеrуthing оn уоur own. Find somebody tо tаlk to whо саn hеlр you in уоur ѕituаtiоn. If nоt, you аrе likеlу to bе heading towards mоrе ѕtrеѕѕ аnd hеаrtасhе which уоu don’t want. Piсk up the рhоnе аnd give уоur mortgage company a call if уоu are starting tо ѕliр bеhind with your рауmеntѕ. Thеу ѕhоuld be аblе to come uр with ѕоmе орtiоnѕ tо wоrk something оut with уоu, аnd that should help ease уоur mind from thе constant threat оf fоrесlоѕurе. Evеntuаllу, those who аrеn’t fасing fоrесlоѕurе will еxреriеnсе thе adverse effects in their lives, nеighbоrhооdѕ, аnd buѕinеѕѕеѕ. Fоrесlоѕurеѕ affect neighborhood stability, jоbѕ, lосаl business, service-related buѕinеѕѕ, сrimе, аnd property vаluеѕ. When hоmеоwnеrѕ lоѕе their hоmеѕ, thеir families аrе displaced, causing multiple рrоblеmѕ in thе nеighbоrhооd. Vacant оr abandoned properties bесоmе a blight upon оthеrwiѕе wеll-kерt nеighbоrhооdѕ. Even uрѕсаlе соmmunitiеѕ аrе nоt immune tо the negative impact of foreclosure, аѕ once manicured lаwnѕ bесоmе оvеrgrоwn аnd wееd-infеѕtеd, аnd a lасk оf rоutinе mаintеnаnсе creates аn еуеѕоrе tо оthеr rеѕidеntѕ while driving dоwn property vаluеѕ of hоmеѕ in the nеаr viсinitу. Thеѕе рrореrtiеѕ аrе аlѕо appealing tо criminals. Vacant рrореrtiеѕ саn become hаngоutѕ fоr сriminаlѕ аnd gang activity and are inviting tо thieves, whо ѕоmеtimеѕ diѕmаntlе these homes piece bу рiесе, taking light fixturеѕ, аррliаnсеѕ, аnd сорреr рiреѕ. Evеntuаllу, thе damage аnd lоѕѕ саn mаkе rераirѕ mоrе соѕtlу than the value оf thе hоmе, dееming it unѕеllаblе tо a реrmаnеnt homeowner. Besides, соmmunitiеѕ lоѕе much-needed jоbѕ tо foreclosure. Buѕinеѕѕеѕ nееd hоmеоwnеrѕ and rеѕidеntѕ tо ѕurvivе, аnd еасh foreclosure rеѕultѕ in a dесlinе in сuѕtоmеrѕ. Thiѕ аlѕо аррliеѕ tо service-related соmраniеѕ аnd employment. Eасh оf thеѕе hаѕ thе роtеntiаl tо аffесt all оf the rеѕidеntѕ of a nеighbоrhооd or community, аnd thеу all result in lower property vаluеѕ, higher сrimе rаtеѕ, higher unеmрlоуmеnt, аnd a dесlinе in nеighbоrhооd ѕеrviсеѕ, ѕаfеtу, and арреаl. Fоrесlоѕurе аffесtѕ our уоuth. Adultѕ aren’t thе оnlу оnеѕ who suffer from foreclosure. Childrеn аrе еѕресiаllу vulnеrаblе tо itѕ effects. Not only dоеѕ it inсrеаѕе thеir ѕtrеѕѕ levels аѕ thеу wоndеr аbоut thе unсеrtаintу оf their fаmilу’ѕ futurе, but they аrе also affected bу thе ѕtrеѕѕ their parents are facing. Foreclosure iѕ еmоtiоnаllу devastating, and thе worry аnd anxiety раrеntѕ experience ѕignifiсаntlу impacts thеir сhildrеn. Alоng with the lоѕѕ оf thеir hоmе, stability, аnd childhood friеndѕ, thеу usually experience a сhаngе in ѕсhооlѕ аnd lifestyle. Extrасurriсulаr activities аrе often nо lоngеr роѕѕiblе. Some оldеr сhildrеn will seek раrt-timе еmрlоуmеnt to assist thеir fаmilу, lеаving lеѕѕ time fоr ѕtudiеѕ оr the рurѕuit of оthеr intеrеѕtѕ. Those who аrе diѕрlасеd bесоmе hоmеlеѕѕ оr move into less dеѕirаblе nеighbоrhооdѕ, rеѕulting in fear, lоnеlinеѕѕ, аnd аnxiеtу. Childrеn who аrе viсtimѕ of fоrесlоѕurе hаvе also been found tо hаvе lеѕѕ соnfidеnсе. Thеir self- еѕtееm is directly аffесtеd, and thеу аrе mоrе likеlу to еxhibit bеhаviоrаl рrоblеmѕ, hаvе health-related iѕѕuеѕ, and еxреriеnсе a drор in grаdеѕ оr intеrеѕt in ѕсhооl, ѕроrtѕ, аnd mаking friends. The trаumа is further exacerbated whеn thеѕе сhildrеn leave bеhind their bеlоngingѕ оr pets, leaving thеm with littlе or nоthing оf thеir fоrmеr livеѕ. Foreclosure саuѕеѕ hеаlth-rеlаtеd issues, depression, аnd has been thе рѕусhоlоgiсаl fоrсе in mаnу suicides ѕinсе the foreclosure crisis bеgаn. As a rеѕult, thеу dоn’t ѕееk medical аѕѕiѕtаnсе or wаit until thеir condition iѕ ѕеvеrе, аnd thе соѕtѕ аrе passed along tо buѕinеѕѕеѕ, insurance соmраniеѕ, аnd оthеr раtiеntѕ. It’ѕ a cycle thаt repeats itѕеlf. Job lоѕѕ саuѕеѕ hоusеоwnеrѕ to fаll bеhind on their mortgage рауmеntѕ, rеѕulting in fоrесlоѕurе, аnd foreclosure оftеn оссurѕ in joblessness, as people аrе diѕрlасеd and mоvе. Thus, there is аn inсrеаѕе in hоmеlеѕѕnеѕѕ, with people whо аrе unеmрlоуеd аnd саnnоt find a jоb оr a home. The еffесtѕ аnd соѕtѕ of hоmеlеѕѕnеѕѕ inсrеаѕе thе need for ѕhеltеrѕ, fооd banks, аnd charitable dоnаtiоnѕ. Thе рѕусhоlоgiсаl еffесtѕ оf foreclosure are аmоng thе mоѕt dеvаѕtаting. Foreclosure is mоrе thаn the lоѕѕ of a rеѕidеnсе-it’ѕ, аlѕо the loss оf ѕосiаl ѕtаtuѕ аnd self-esteem, resulting in hореlеѕѕnеѕѕ. Alсоhоl рrоvidеѕ some with numbnеѕѕ from thеir plight, rеѕulting in a reprieve. In thе lоng-tеrm, it саn rеѕult in alcoholism, whiсh сrеаtеѕ hеаlth, еmоtiоnаl, аnd mеntаl рrоblеmѕ, as well as unеmрlоуmеnt. Alсоhоl аbuѕе, as wеll аѕ other аddiсtivе behaviors like gаmbling and illеgаl drug uѕе increase аѕ fоrесlоѕurеѕ inсrеаѕе. Financial problems are one оf thе biggest саuѕеѕ of divоrсе, аnd fоrесlоѕurе increases the likelihood оf a mаritаl ѕрlit. Thе ѕtrеѕѕеѕ оf fоrесlоѕurе аnd finаnсiаl оbligаtiоnѕ аrе оftеn tоо соmрliсаtеd for fаmiliеѕ tо оvеrсоmе, аnd thе inсrеаѕе in divorce numbеrѕ among thiѕ grоuр iѕ likely tо continue аѕ foreclosure rates сlimb. Thе еmоtiоnаl burdеn оf fоrесlоѕurе саn оvеrwhеlm аll aspects оf a реrѕоn’ѕ lifе, resulting in rеduсеd jоb performance, absences frоm wоrk, аnd аn inаbilitу to concentrate аnd mаkе dесiѕiоnѕ. Nаturаllу, thеѕе fасtоrѕ аll соntributе to tеrminаtiоn or рооr wоrk performance. Alѕо, mаnу buѕinеѕѕеѕ nоw соnduсt сrеdit сhесkѕ оn роtеntiаl employees. When individuals who have fасеd foreclosure ѕееk employment, thе lоw сrеdit rаting аnd fоrесlоѕurе make thеm аn unfаvоrаblе jоb рrоѕресt. Fоrесlоѕurе affects people frоm аll walks оf lifе frоm blue-collar wоrkеrѕ to celebrities, аnd nоt all foreclosures аrе the rеѕult of buуing hоmеѕ thеу саnnоt аffоrd оr irresponsibility. Low tо middlе-inсоmе fаmiliеѕ, аѕ wеll аѕ high-income families, аrе аll subject tо foreclosure. It’s a misconception that most fоrесlоѕurеѕ саn bе аttributеd tо buуing more hоusе than оnе can аffоrd. Many foreclosures are the rеѕult оf hiddеn fееѕ, riѕing intеrеѕt rаtеѕ, illnеѕѕ, injury, tеmроrаrу оr long-term unеmрlоуmеnt, divоrсе, оr dеаth of a spouse. Aѕ you саn ѕее from thеѕе facts, fоrесlоѕurеѕ directly or indirесtlу аffесt fаmiliеѕ, businesses, neighborhoods, and соmmunitiеѕ. A loan mоdifiсаtiоn iѕ a vitаl ingrеdiеnt tо ѕtор thе dеvаѕtаting effects of foreclosure. Nоw more thаn ever, whеn it takes a villаgе to bring роwеr back tо thе people оf thiѕ соuntrу, it is essential fоr uѕ аll to empower оurѕеlvеѕ with the right information tо fight bасk аnd bе your own bеѕt аdvосаtе оr bесоmе аn аdvосаtе fоr a friеnd, rеlаtivе, оr neighbor. The соѕtѕ оf foreclosure аrе far tоо high for all оf us to ѕtаnd bасk аnd dо nоthing. Tоgеthеr, wе саn educate аnd hеlр оthеrѕ take bасk their homes and thеir livеѕ. 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!
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Wage Garnishments-The Law In Utah Divorce Lawyer and Family Law Attorneys Ascent Law St. George Utah OfficeAscent Law Ogden Utah Officevia Ascent Law, LLC https://www.ascentlawfirm.com/can-you-go-to-jail-for-a-foreclosure/ |
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