Entering marriage may be the most important decision a person will ever make. Not only are you making the commitment to spend the rest of your life with your partner, you are also opening yourself to sharing financial responsibilities, raising a family and owning property. Most sensible people take the time to weigh the pros and cons of whether to get married. However, not enough people weigh those same options when it comes to ending a marriage. By the time most people consider filing for divorce in Utah, they have already beaten down by stress and may not be in the proper frame of mind to ask themselves these important questions. It is often one of the biggest mistakes many people make. One of the best solutions is to first seek input from a mediator, a marriage counselor or a Salt Lake City divorce lawyer to properly evaluate whether divorce is the best option. VOICE YOUR CONCERNSCommunication is an important component in any successful relationship. But not every marriage is built to last. There will be times when even the strongest relationships will begin to go through rough patches. It is vital to maintain a good level of communication. Do not be afraid to voice your concerns to your partner. But simply voicing your concerns is not enough. Effective communication also involves listening to your spouse. Be cognizant of their feelings and problems. One common scenario is when one spouse feels underappreciated by the other. Take the time to listen to your partner and engage in constructive dialogue. If neither person is capable of having a civil conversation, it may be time to dissolve the marriage and file for divorce. WHAT ARE YOUR EXPECTATIONS?Nobody gets married with the goal of eventually getting divorced. Most couples go through a honeymoon period early in their marriage. During this time, life couldn’t be better. However, not everybody enters marriage with the same expectations. Some people have no clue how their partner expects them to behave. If your expectations are way beyond those of your partner, there are two options. You can either try to work out a compromise or may decide to go your separate ways. CAN YOUR MARRIAGE BE SAVED?When a marriage goes bad, it can seem overwhelming. Many people simply give up. But if you truly love your spouse, it may be worth trying to work things out. Take the time to write down a list of things you need to do to save the marriage. After the list is completed, write down what your spouse needs to do. Then ask your partner to make the same list. IS YOUR LIFE BETTER WITHOUT YOUR PARTNER?Marriages fall apart for different reasons. Some couples break up in less than one year. Others stay married for decades before finally calling quits. Regardless of how long you have been married, there is one fundamental question that needs to be asked. Would your life be better without your spouse? It’s not an easy question. No matter how many times you consult with a divorce attorney, only you can decide. KEEPING YOUR COOL DURING DIVORCEEvery divorce has different circumstances, but the emotional toll of the process is something that will be felt by everyone. This can lead to tempers flaring, angry outbursts, feeling lost, depression or any number of strong feelings that may cloud your ability to keep a level head throughout the long and arduous litigation. It is very important that you don’t let raw emotion lead you into doing something rash that may hurt your side in court, and here are a few things to remember about keeping your composure at the toughest of times. KEEP A POSITIVE OUTLOOKA divorce is one the most stressful situations in a person’s life, and it can be very difficult to remain positive. Marriages require the mutual agreement of two people, but it only takes one to decide they want a divorce. This can be particularly hard if you were not the one to make this choice, and with all of the destructive stereotypes associated with divorce, it is easy to become bogged down in all of that negativity. Maintaining an optimistic perspective may sound cliché, but it is key to getting through the process. It is important to remember that everyone has their faults and it is not singularly you or your spouse alone that caused the end of the marriage. Consider the divorce as a life lesson, not a synonym for failure, and know that it is possible to move forward with dignity and still find happiness. Many feel like getting the divorce finalized as soon as possible, regardless of any long-term sacrifices they make in doing so, is the only way to move forward with their life. Focusing on the new and exciting aspects of getting a fresh start to life instead of dwelling on the past is one of the hardest, but most important steps in seeing things through a positive light. THE SCAPEGOATDuring the divorce proceedings, it will often feel easier to roll over and agree with whatever terms the opposing party is putting forward instead of getting in a bitter argument over details that aren’t in your favor. This attitude can lead to blindly signing unfair terms, purely to avoid confrontation. THERAPISTS FOR DIVORCEMeeting regularly with a professional therapist can be a very beneficial way to help regain confidence and find a positive direction, despite the common societal view held by men that opening up about your emotions is an embarrassing sign of weakness. While seeking a professional can be very beneficial for dealing with the stress and emotional toll of divorce, take into consideration that it can help or hurt your divorce proceedings depending on where you live. Therapists’ records are discoverable in some states, meaning they could be detrimental or embarrassing depending on what was discussed if they are brought up in court. Attorneys can also recommend seeking a professional counselor in situations where their client has been accused of emotional or psychological abuse to show the court they are working on the problem. Either way, it is probably best to ask your attorney’s advice before seeking out a therapist to ensure it doesn’t hurt your case. Keeping cool during the divorce and maintaining an optimistic outlook is very important for getting through, and beyond, the proceedings. It may feel crushingly oppressive at times, but the world will continue to turn, there is still plenty to enjoy and much greater happiness to find. Keeping control of your emotions instead of giving in to reckless action will help you avoid unnecessary problems and have a better perspective after everything is over. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Rights of Divorced Spouses in the Military What Happens if you don’t Probate the Will? via Michael Anderson https://www.ascentlawfirm.com/what-should-i-do-before-filing-for-divorce/
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When a person dies with a will, they typically name a person to serve as their executor. The executor is responsible for making sure that the deceased’s debts are paid and that any remaining money or property is distributed according to their wishes. It’s not uncommon for wills to be written years before a person dies. Once death occurs, the executor should file the will in court to begin the probate process. But it’s not always that simple. Sometimes an executor dies first. Or an executor can decide they no longer want the job. So, what happens if you do not probate a will? Utah Probate LawIn Utah, you have to probate a will within three (3) years of the person’s death. You aren’t required to serve as the executor of a will, even if you made a promise to the deceased that you would. This doesn’t mean you can stick the deceased’s will in a drawer and forget about it. Most state require any person in possession of an original signed will to deposit it at the court of the county where the deceased resided. Filing deadlines vary by state, range from 30 days to 3 months. Penalties to the Personal RepresentativeFailing to file a will within the time required by the state can have serious consequences. Although failure to file by itself is not a criminal violation, in most states this subjects the person to a lawsuit by someone who was financially hurt by the failure to file. For example, in Washington the law says that anyone who “willfully failed to file a will with the court” is liable to any injured party for the damages resulting from the violation. Criminal liability could occur if the failure to file a will is coupled with an intent to conceal the existence of the will for financial gain. For example, your father decided to leave his entire estate to a favorite charity and left you nothing. You decide not to file his will. The laws of intestate succession allow you to inherit your father’s entire estate. In this instance, a failure to file the will would likely expose you to criminal liability. Creditors’ Claims and Insolvent Estates in ProbateWhen people die, its common to have unpaid bills. Opening probate cuts short the amount of time a creditor has to claim against the estate. A creditor must file their claim within four months from the date an executor or personal representative is officially appointed. A creditor’s claim may be rejected by the executor if it is filed late. When probate is not opened, a creditor has one year to file suit against the estate. It is common for a will not to get filed when the deceased’s estate is insolvent, meaning there are more bills that money. In general, relatives and friends have no legal obligation to do anything to pay the debts, to communicate with creditors, or open a probate. So, the simplest solution is to file the will and walk away from the problem by not opening probate. Transferring Title to PropertyImagine if a friend passed away leaving a prized classic car in her will. Your friends had few other assets. Since the estate is small, it’s likely exempt from probate. Remember, probate is processes that transfer legal title of property from the estate of the person who has died to their beneficiaries. Fortunately for you, most states have a streamline processes for transferring title in small estates. The process is generally referred to as “transfer by affidavit” and may be used to collect personal property of the deceased without probate. State law will set the maximum fair market value of the deceased’s entire estate that can pass in this manner. You will still likely need to produce the will to show your legal right to inherit the car. File a Will That Doesn’t Require ProbateProbate isn’t always necessary. People frequently don’t bother to file a will if there is no apparent need to open probate because the person left nothing of the value or because all items of value were put into a trust, a joint account or some other form designed to avoid probate. Remember, there is a difference between filing a will and opening probate. Even probate seems unnecessary, the will must be filed. It’s not that unusual to discover property belonging to the deceased years after their death. And some states, such as Nevada, allow probate to be opened decades after a person has passed. In such an instance, the will would allow the newly discovered assets to be distributed. Free Consultation with a Utah Probate LawyerIf you are here, you probably have a probate or estate matter that you need help with, 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
4.9 stars – based on 67 reviews
Who Starts the Divorce in Utah? Do You Qualify for a Chapter 13 Bankruptcy? Rights of Divorced Spouses in the Military via Michael Anderson https://www.ascentlawfirm.com/what-happens-if-you-dont-probate-the-will/ Divorce can be a confusing, complicated, and stressful time for military couples. However, gaining a general understanding of how this process works, while seeking to identify the specific issues that may apply in your case, can greatly reduce the time, expense, and emotional strain of a divorce. While you will largely follow the same process and procedures as a civilian couple when filing for divorce, there are unique legal issues which may apply result of military service. These issues may include determining the custody of children, calculating child and spousal support, and determining if any post-divorce benefits apply. While divorce is largely governed by state law and local procedures, depending on where you file, there are certain federal statutes and military regulations which may be applicable to your divorce. Examples include the Uniformed Services Former Spouses’ Protection Act, which can affect how disposable military retired pay is divided between the service member and former spouse, as well as determining eligibility for continued medical, commissary, installation exchange, and other benefits. Overview of Military DivorceGenerally, the military views divorce as a private civil matter to be addressed by a civilian court. Commanders rarely get involved in domestic situations except in limited cases, such as a claim by a dependent that he or she is being denied adequate financial support by the service member spouse. Even in such cases, a commander’s authority is limited, absent a civilian court order. In a divorce or family law matter, a service member and dependent spouse will need separate legal assistance attorneys to advise them to ensure both parties receive independent, candid and confidential advice, and to be sure there is no conflict of interest in the representation of both parties. Communications between a client and a legal assistance attorney are private, confidential and are generally covered by the attorney-client privilege. While military legal assistance attorneys may not be able to draft specific court documents or represent members or their families in court, they can provide helpful advice on a range of legal issues including divorce and child custody, income taxes, the Servicemembers Civil Relief Act and wills. For military divorce or legal separation situations that require representation in civil court or involve contested issues such as child custody, spousal/child support or division of assets like retirement pay, it is recommended that you consult with a civilian attorney who is knowledgeable of the divorce laws of your particular state and has extensive experience with military-related family law. SERVICEMEMBERS CIVIL RELIEF ACT PROTECTIONS RELATED TO DIVORCE PROCEEDINGSThe Servicemembers Civil Relief Act helps protect service members’ legal rights when called to active duty. It applies to active-duty members of the regular forces, members of the National Guard when serving in an active-duty status under federal orders, members of the reserve called to active duty and members of the Armed Services, National Oceanic and Atmospheric Administration, Public Health and the Coast Guard serving on active duty in support of the armed forces. In regard to divorce proceedings, service members may obtain a “stay” or postponement of a civil court or administrative proceedings if they can show their military service prevents them from either asserting or protecting a legal right such as an upcoming deployment. This is not an automatic right, and a military judge must find there good cause to do so, based on the justification provided by the military member. Specifically, the courts will look to whether military service materially affected the service member’s ability to take or defend an action in court. If the service member submits a written communication to the court showing:
The Service members Civil Relief Act also provides certain protections for members regarding default judgments for failure to respond to a lawsuit or failure to appear at trial. Before a court can enter a default judgment against a military member, the person suing the member must provide the court with an affidavit stating the defendant is not in the military. If the defendant is in the military, the court will appoint an attorney to represent the defendant’s interests (usually by seeking a delay of proceedings). If a default judgment is entered against a service member, the judgment may be reopened if the member makes an application within 90 days after leaving active duty, shows he/she was prejudiced and shows he/she had a legal defense. UNIFORMED SERVICES FORMER SPOUSE PROTECTION ACT BENEFITS RELATED TO DIVORCE PROCEEDINGSThe Uniformed Services Former Spouse Protection Act is a federal law that provides certain benefits to former spouses of military members. The benefits may affect receipt of retirement pay and medical care, as well as the use of the exchanges and commissaries. For detailed information about this act and how it may impact your divorce proceedings, please read the article Uniformed Services Former Spouse Protection Act for Divorced Spouses in the Military. ELIGIBILITY FOR MILITARY BENEFITSWhether you are entitled to commissary, exchange or medical benefits depends on the length of time you were married, the length of time your spouse served in the military and the number of years your marriage overlapped with his or her military service. To retain full military benefits and privileges upon divorce from a service member, you must meet the requirements of what is known as the “20/20/20 Rule.” 20/20/20 former spouse: An un-remarried former spouse receives medical, commissary, exchange and theater privileges under the Morale, Welfare and Recreation program if:
Therefore, if you were married for at least 20 years, and your former spouse performed at least 20 years of service creditable for retired pay, and there was at least a 20-year overlap of the marriage and the military service, you are entitled to full commissary, exchange and health care benefits after the divorce. 20/20/15 former spouse: In the event that you cannot qualify under the “20/20/20 Rule,” you may still be eligible to one year of transitional military benefits for purposes of military medical care only. Similarly, the 20/20/15 rule requires the former spouse to show three things:
Should these requirements be met, the former spouse will be entitled to retain TRICARE medical coverage, but only for a transitional period of one year. Unlike a 20/20/20 former spouse, a 20/20/15 former spouse will not have access to the military exchange, installation privileges or commissary privileges. EFFECT OF DIVORCE ON MILITARY BENEFITSUnless you meet the strict requirements of the 20/20 Rule, you will not be eligible to continue using the commissaries and exchanges once your divorce, dissolution or annulment is finalized. Until your divorce is final you may retain your identification card and can continue to receive your commissary, exchange and health care benefits. Here are some additional issues for you to consider:
If you are living overseas when your marriage is terminated by divorce or annulment, you and your children (as well as your possessions) may be able to return to the United States (or your country of origin if you are foreign nationals) at the government’s expense. Service members permanently stationed outside the United States may request early return of dependents, authorizing the return of command-sponsored family members and their household goods before the service member’s tour ends. Free Consultation with a Military Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Payable on Death Beneficiary for Accounts Who Starts the Divorce in Utah? via Michael Anderson https://www.ascentlawfirm.com/rights-of-divorced-spouses-in-the-military/ If you own a house you’re likely familiar with what a trust account is. Your mortgage lender probably set one up for you when you purchased your home. The lender uses this account to pay your property taxes and insurance on your behalf. This type of trust account is known as an escrow account. A trust account is also an important estate planning tool. When you create a trust, you transfer legal ownership of your property or assets to a trustee who is the person or institution responsible for handling the property. This property is held for the benefit of a third party, known as the beneficiary. When you create a trust, it doesn’t have any power until you transfer money or other assets into the trust account. Typically, a bank or other financial institution acts as custodian or holder of the trust assets by placing them into a trust account in the name of the trust. All expenses and distributions to the beneficiary must be made from this account. Setting Up a Trust AccountYour trust is just a stack of paper until you fund your trust account. There are several steps to properly setting up a trust account, including:
Your first decision is to select the type of trust that works best for you. A trust can be created during life (inter vivos) or after you pass away (testamentary). A trust can be revocable during your lifetime or irrevocable. You may wish to provide for a loved-one who can’t care for themselves with a special needs trust. The type of trust you chose will determine the form of trust account you must open.
A trustee is the person who manages your trust assets and executes the terms of the trust. Any mentally competent adult may be named a trustee. Although you can serve as the trustee, remember to designate an alternate trustee for when you die or become incapacitated. A trust department in a bank or a law firm can serve commonly serve as trustees. If you select an individual to serve as your trustee, make sure that person understands the nature of the trust and their duties before they agree to serve.
You must determine which of your assets you want to place in the trust. Assets such as cars, real estate, stock and bank accounts have legal title that must be changed to the name of the trustee. (Remember the trustee has legal ownership of the trust property.) Some assets such as art and jewelry don’t carry a legal title. In these instances, you must transfer your right to the property to the trustee. Be certain the trust documents state the specific powers the trustee has over the trust assets.
The laws of your state will determine the types of trusts that are available to you, and how your trust should be written. Be sure to sign and notarize your documents. In some regions, you are required to file your trust documents with the state.
The trust documents will give the bank instruction on how to set up the trust account including a name and trustee designation, such as “trustee for the benefit of …” to indicate the individual or organization for whom the trustee is handling the assets. Free Consultation with a Utah Trust LawyerIf you are here, you probably have an estate or trust law issue in Utah you need help with, call Ascent Law for your free estate law 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
4.9 stars – based on 67 reviews
Utah Protective Orders and Divorce Payable on Death Beneficiary for Accounts Do You Qualify for a Chapter 7 Bankruptcy? Who Starts the Divorce in Utah? via Michael Anderson https://www.ascentlawfirm.com/what-is-a-trust-account/ It is rare for a husband and wife to both decide at the same time that they want a divorce. Far more often, one person announces the marriage is over and that he or she wants a divorce. Often, the one requesting the divorce meets resistance from the other spouse. Even if the resistor has been aware of marital problems, the reality of being told his or her partner wants a divorce can be shattering. The non-initiating person may make suggestions to resolve the marital difficulties, such as going together to marriage counseling. Sometimes, this works. Far more often, these attempts to save the marriage are fruitless. Once one person has decided the marriage is over, counselors say the emotional connection has been broken. Marriage counselors agree that a troubled marriage where one person has already decided divorce is the only option is a difficult marriage to save. Counselors say it is impossible to save unless both parties commit themselves to resolving the marital problems. Divorces in UtahAlthough Utah law lists a number of grounds for granting a divorce, there is also a no-fault option. The initiating person simply files for divorce claiming there are “irreconcilable differences.” In Utah, there is a residency requirement. In order to file for a divorce, one of the spouses must have lived in a single Utah county for at least three months. If the couple has children, the state requires, with a few exceptions, that the children have resided in Utah with at least one parent for six months. Making the decision to end a marriage is emotionally difficult and can be legally complex. Consulting with a knowledgeable family law attorney is the first step in ensuring the spouses’ rights are protected. Utah court sides with birth father in child custody caseThe judge in a bizarre and emotional child custody case has ruled that a 1-year-old girl who was adopted by a Utah couple must be returned to her birth father. The judge found that the girl’s birth mother gave her up for adoption without her husband’s knowledge or consent, violating his parental rights and invalidating the adoption. This strange child custody case began in June 2010, when the girl’s birth mother discovered she was pregnant with the couple’s first child. At the time, her marriage to the birth father was fairly strong, but by the end of that year they were having problems. The mother suggested that she get an abortion or put up the child for adoption but the father objected. The couple separated, though they still planned to move together to the husband’s new Army posting. The wife told the husband that she wanted to give birth in her home state. The husband went to the new state to set up a home for his growing family. But then the wife changed her mind about adoption. She contacted a Utah adoption agency, which brought her to the state to give birth in March 2011. Two days later, without the birth father knowing anything about it, the birth mother gave up her parental rights to a Utah couple, who have been raising the child ever since. Meanwhile, the birth mother cut off contact with her husband, who did not learn where his daughter was until June of that year. Free Consultation with Divorce Lawyer in West Jordan UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Utah Protective Orders and Divorce Payable on Death Beneficiary For Accounts via Michael Anderson https://www.ascentlawfirm.com/who-starts-the-divorce-in-utah/ Planning your estate doesn’t have to be expensive or complicated. You can transform your bank accounts into an estate planning tool by designating a beneficiary for your checking, savings and other deposit accounts. Simply ask your banker for their payable on death (POD) beneficiary form. POD accounts function like an informal trust. Some banks even refer to these accounts a Totten or tentative trusts. After your death, the account beneficiary avoids probate and can claim the money directly from your bank. During your lifetime, the beneficiaries have no rights to the account. You can spend the money, close the account or change your beneficiaries. The account will function just as it did before you listed a beneficiary. Who Can be Your BeneficiaryThe beneficiary rules for POD accounts are very flexible. You can choose to have one beneficiary for several accounts or multiple beneficiaries for one account. Nonprofit organizations can serve as your beneficiary. Just be certain they are recognized as a charitable entity by the Internal Revenue Service. Depending on the laws of your state, you may be able to designate an alternate beneficiary, in case your first named beneficiary dies before you. If there are no living beneficiaries at the time of your death, the account will pass through probate. What Accounts Can Have a BeneficiaryYou can name a POD beneficiary for your checking and savings accounts, money markets, CDs and U.S. Savings Bonds. But you will probably need to complete a beneficiary registration form for each account. Joint accounts, such as held by a married couple, can also be transferred into POD account. The beneficiary will only receive rights to the assets after the last account owner dies. Stocks and other securities can be transferred by setting up transfer on death (TOD) registration on the account. Most states have adopted the Uniform TOD Security Registration Act, but brokerage firms can still choose not to offer TOD registration. How Do You Claim A POD Account?Claiming a POD account is a straightforward process. The beneficiary goes to the bank or credit union holding the account and presents a copy of your death certificate. They will also need to show valid identification and fill out transfer forms. Some states have a short waiting period, but otherwise the beneficiary can claim the funds immediately. TOD beneficiaries must take steps to re-register the securities in their names. This typically involves sending a copy of the death certificate and an application for re-registration to the transfer agent Be aware, POD accounts are subject to outside claims. So you can’t use a POD account to avoid paying your debts or to disinherit a spouse. You must leave enough money in your estate to tie-up your affairs. Plus if you live in a community property state, your spouse has a right to half of your assets, including those only listed in your name. Tax Issues with POD AccountsAfter you die, estate or income taxes may be left owing. For example, if you are working at the time of your death, your estate administrator will file your last tax return. It is important that your will or living trust state if the POD account beneficiary is required to use funds to cover any tax liability. Your beneficiary may also be subject to an inheritance tax depending on the laws of your state, and you family relationship. In most states, surviving spouses are exempt from inheritance tax. But unrelated individuals are frequently taxed on an inheritance. Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law 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
4.9 stars – based on 67 reviews
Child Support Lawyers Salt Lake City Drug Distribution and Manufacturing Defense Attorneys Utah Protective Orders and Divorce via Michael Anderson https://www.ascentlawfirm.com/payable-on-death-beneficiary-for-accounts/ Utah’s Department of Health reports that approximately 32 percent of homicides in the state were connected to domestic abuse in 2011. More than 3,400 women, men and children sought protection in shelters to flee abusive environments. Instances and threats of domestic abuse must be taken seriously. Help is available for those who find themselves in these situations. One legal remedy is to request a protective order. UTAH PROTECTIVE ORDER BASICSUtah state law allows domestic abuse victims to file for protection with a Request for a Protective Order. A protective order is designed to keep a person from harming those who file the request, which can include the person requesting protection, known as the petitioner, and the petitioner’s children. The court order prohibits the accused from contacting the petitioner. A protective order is available in a variety of situations, including divorce resulting from an abusive relationship. Many elements of a protective order can be particularly useful in this situation. In addition to offering actual protection, this document can result in:
This document also provides police with the ability to arrest a person who violates the order. GETTING A PROTECTIVE ORDER IN UTAHCertain factors must be met to qualify for a protection order. Those who were actually physically harmed or fear harm from someone they lived with or have children with may be eligible for a protective order. The law takes a broad view of what it considers harmful conduct and includes acts of hitting, kicking, pushing, harassing, not allowing someone to call for help and threats of these actions within the definition. A protective order can be requested without a fee, but forms must be filed with the court and the person requesting protection is generally required to attend court hearings. Although a protective order offers only temporary custody and support, it serves as a useful tool during a divorce involving an abusive relationship. If you are considering filing for divorce because of an abusive relationship or have recently filed paperwork and would like to request a protective order, contact an experienced Salt Lake City protective orders lawyer to discuss your options and help guide you through the process. A LEGAL SEPARATION MAY BE YOUR TICKETSome people may feel their marriage has come to an end but they still wish to keep their married status as it provides them with multiple benefits. A legal separation deals with issues such as child support, parenting, and spousal support while the couple remains legally married. It’s an agreement that can benefit everyone while waiting for the official termination of marriage. Find out more about the benefits of a legal separation with a Salt Lake City legal separation attorney. FINANCIAL ADVANTAGESOne of the most common advantages a legal separation can provide include being able to deduct alimony, also called spousal support. This is only possible if the spouses live in different households and if they are already legally separated. Also, you have the option to file your taxes separately as alimony is already deducted. However, if you consider filing jointly will work on your advantage, then you may do so as you are still legally married. Another benefit of a legal separation is keeping insurance benefits as married couples tend to receive more benefits. Military couples, for example, will remain legally separated and married for a 10-year-period in order to receive important benefits. This is also valid for Social Security benefits. YOUR TICKET TO A DIVORCESome couples may benefit from living apart before getting a divorce. It will allow them time to think things through before making a final decision. There is also the opportunity to establish the divorce terms ahead of time and you can also have details about child support, debts, child custody, and so on. Both parties sign the document and if they decide to get divorce in the future, the new divorce agreement will replace the legal separation agreement. In other words, a legal separation may be the best way to test the waters before getting in them. BENEFICIAL FOR CHILDRENDivorce can impact the health and emotions of your children. A legal separation may be the best approach to allow your children cope with the whole idea. Also, they may still get to experience family closeness as in most legal separation cases parents are still living together. Even when couples live apart, the child gets to spend plenty of time with both parents and they may not notice as much the difference or rupture of the parents’ relationship. RELIGIOUS REASONSCouples that come from religious backgrounds sometimes like to keep their married status for religious reasons as some religions forbid divorce. With a legal separation, the couple can live apart and may even be able to reconcile their differences. If you come from a religious background, this may be a great opportunity to take some time off your marriage while still keeping and respecting your religious beliefs. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/utah-protective-orders-and-divorce/ Making a last will and testament is a very wise decision. It tells your surviving loved ones exactly what your wishes are regarding your property and assets. When it comes to estate planning however, there are some things that you can’t or shouldn’t include in your will. Types of property you can’t include when making a willSome types of property carry rules that govern what happens after you die. These rules are independent of your will, mostly because the nature of these types of properties is to name a beneficiary or avoid probate.
Avoid leaving funeral instructions when making a willUsually, the settling of the estate and the probate proceedings do not happen until after the funeral. The funeral arrangements are among the first matters of business after someone dies. Therefore, people may not even notice your funeral wishes stated in your will until after the funeral. Instead of leaving your funeral wishes in your will, talk with your loved ones about what you want. You can even make a separate document that spells out your wishes for the funeral, and give this document to the executor or executrix of your estate. Avoid using a will to escape estate taxesA will is still subject to estate taxes. Instead of trying to use a will to avoid the often heavy estate taxes, explore different types of trusts that may work for your situation. Trusts escape a lot of tax subjection, because the property is not passing directly to the beneficiary, rather to the trust account, over which the beneficiary does not have complete control. Wills do not escape probateA common misconception is that wills do not have to go through probate proceedings. This is not true. Wills are still subject to probate proceedings. Probate proceedings can take months. However, having a will does help to speed up the probate process, because your loved ones, lawyers, and the probate court are not left having to divide all of your property for you. You have already explained how it should be divided, and the court will follow your wishes. There are other ways you can avoid probate. One common way is leaving the property to a trust fund, with the desired recipient a beneficiary, instead of granting the property directly to that person. Be careful with what conditions you put on giftsNot all of those conditions are legal. Conditions that include marriage, divorce, or the change of the recipient’s religion cannot be provisions in a legal will. Therefore, a court will not enforce them. You can put certain other types of conditions on gifts. Usually, these types of conditions are to encourage someone to do or not do something. For example, when making a will, you could say, “to Allison, if and when she graduates from college.” You could also say something like, “to Paul, so long as he uses the property as an art studio.” Just keep in mind that putting conditions on gifts can complicate things. Think about who will actually enforce these conditions, for how long, and does the enforcer get anything like an executor’s fee? Avoid leaving gifts or money for illegal purposesAlthough this is uncommon, some people will try and sneak in some sort of illegal condition or purpose for the gift. This would not make your will a legal will. For example, you wouldn’t be able to include, “to Mary, so long as she uses the property to grow marijuana,” or “To Jane, so long as she has her first beer before she is 21 years old.” Do not arrange care for a special needs person when making a willAlthough it is very possible to arrange such special needs for a disabled person, a will is not the place in which to do it. You need to to a trust. There are certain types of trusts, such as a special needs trust, that specifically address the management of the specific special needs of a disabled person. Avoid leaving gifts to pets in a willAnimals do not have the legal capacity to own property. What many people do instead is they leave the pet with someone who they know will provide it with good care. You can also leave that person any property or money to help out with the care of the pet. Certain states do allow for trusts with an animal as the beneficiary. If this makes you more comfortable, check to see what your state’s laws are. However, as long as you believe in the person you are leaving your pet with, you probably do not need a pet trust fund. Free Consultation with a Utah Will LawyerYou need need your will drawn up, call Ascent Law for your free estate law 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
4.9 stars – based on 67 reviews
5 Reasons You Need a West Valley City Car Accident Attorney via Michael Anderson https://www.ascentlawfirm.com/mistakes-when-making-a-will/ Couples in Salt Lake City who file for divorce will try mediation. This is when a third party attempts to guide the divorcing couple to settle any disputes. This can include child custody, asset division. Mediation has proven to be a better alternative than a court battle. Couples are often able to resolve their disputes through mediation but many will need the assistance of a Salt Lake City divorce lawyer. Mediation can quickly go from amicable to claws. This is often attributed to social media accounts online. A PICTURE CAN COST YOUThe smallest post can make you lose your child custody and any other assets you may be entitled to. An example would be a co-worker tagging you in a photo of you drinking wine at a company event. It can be argued that this photo shows you are over indulgent and irresponsible with alcohol consumption. Therefore, your children may not be safe for your care and visitation can be denied or limited. Child support can also be contested if you have photo or posts about you spending money on frivolous items. A Salt Lake City divorce attorney can argue that you do not need child support if you are able to afford expensive items or vacations. The other argument that can arise is that the child support that you are getting is too much or unnecessary. Why do you need more money if you seem to be able to afford non-essential items and expensive trips? CAN FACEBOOK POSTS HELP YOU?It is very rare that a social media post can help your case but be considering that posting about or asking for help can prove to the court that you are indeed in need. The ideal situation would be to delete any social sites the moment you begin divorce proceedings. Do not wait until mediation has started. This can actually harm you. Delete your profiles completely as some automated posts and other friends posting on your wall can hurt your case. You’re soon to be former spouse can also look back at posts from years ago and save those for court. Silly photos you took with friends can turn into a court nightmare if you are not careful. A DIVORCE STARTS WITH A DIVORCE PETITION.The petition is written by one spouse (the petitioner) and served on the other spouse. The petition is then filed in a state court in the county where one of the spouses resides. It does not matter where the marriage occurred. The petition includes important information regarding the marriage. It names the husband, wife and any children and states if there is any separate property or community property, child custody, and child or spousal support. SERVING THE DIVORCE PETITIONThe petition (or the divorce papers) must be served on the other spouse. This phase of the process is called “service of process.” If both spouses agree to the divorce, the other spouse only needs to sign an acknowledgment of the receipt of service. However, if the other spouse refuses to sign or is difficult to locate, you can hire a professional process server to personally deliver the papers. Completing service of process starts the clock running on your state’s waiting period. It also sets automatic restraining orders on the spouses and helps establish the date of separation. At this point, the spouses are not permitted to take any children out of state, sell any property, borrow against property, or borrow or sell insurance held for the other spouse. DIVORCE PETITION RESPONSEThe other spouse is known as the “respondent.” Although it’s not required, the respondent can file a response to the petition saying he or she agrees. Filing a response shows both parties agree to the divorce. This makes it more likely the case will proceed without a court hearing, which could delay the process and cost more. Generally, if a response is not filed within 30 days, the petitioner can request that a default be entered by the court. The responding spouse can also use the response to disagree with information presented in the petition. FINAL STEPS OF A DIVORCEBoth spouses are required to disclose information regarding their assets, liabilities, income and expenses. If the divorce is uncontested and the spouses can agree on the terms of the divorce, there is only a bit more paperwork to file. Once the court enters the judgment, the divorce is final. However, the marriage is not formally dissolved and the spouses cannot remarry until the end of the state’s waiting period. If there are disputes that cannot be resolved, court hearings and maybe even a trial will be required. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Explaining The Child Custody Laws in Idaho 5 Reasons You Need a West Valley City Car Accident Attorney via Michael Anderson https://www.ascentlawfirm.com/social-media-and-divorce/ Trusts are estate-planning tools that can replace or supplement wills, as well as help manage property during life. A trust manages the distribution of a person’s property by transferring its benefits and obligations to different people. There are many reasons to create a trust, making this property distribution technique a popular choice for many people when creating an estate plan. Creation of a TrustThe basics of trust creation are fairly simple. To create a trust, the property owner (called the “trustor,” “grantor,” or “settlor”) transfers legal ownership to a person or institution (called the “trustee”) to manage that property for the benefit of another person (called the “beneficiary”). The trustee often receives compensation for his or her management role. Trusts create a “fiduciary” relationship running from the trustee to the beneficiary, meaning that the trustee must act solely in the best interests of the beneficiary when dealing with the trust property. If a trustee does not live up to this duty, then the trustee is legally accountable to the beneficiary for any damage to his or her interests. The grantor may act as the trustee himself or herself, and retain ownership instead of transferring the property, but he or she still must act in a fiduciary capacity. A grantor may also name himself or herself as one of the beneficiaries of the trust. In any trust arrangement, however, the trust cannot become effective until the grantor transfers the property to the trustee. Example: A grantor transfers money to a bank as trustee for the grantor’s children, with the bank instructed to pay the children’s college expenses as needed; the bank carefully manages the money to ensure there are funds available for this purpose. The children do not have control of the funds and cannot use the funds for any other purposes. Testamentary and Living TrustsTrusts fall into two broad categories, “testamentary trusts” and “living trusts.” A testamentary trust transfers property into the trust only after the death of the grantor. Because a trust allows the grantor to specify conditions for receipt of benefits, as well as to spread payment of benefits over a period of time instead of making a single gift, many people prefer to include a trust in their wills to reinforce their preferences and goals after death. The testamentary trust is not automatically created at death but is commonly specified in a will and so as a will provision, the trust property must go through probate prior to commencement of the trust. Example: A parent specifies in her will that upon her death her assets should be transferred to a trustee. The trustee manages the assets for the benefit of her children until they reach an age when the parent believes they will be ready to control the assets on their own. A living trust, also sometimes called an “inter vivos” trust, starts during the life of the grantor, but may be designed to continue after his or her death. This type of trust may help avoid probate if all assets subject to probate are transferred into the trust prior to death. A living trust may be “revocable” or “irrevocable.” The grantor of a revocable living trust can change or revoke the terms of the trust any time after the trust commences. The grantor of an irrevocable trust, on the other hand, permanently relinquishes the right to make changes after the trust is created. A revocable trust typically acts as a supplement to a will, or as a way to name a person to manage the grantor’s affairs should he or she become incapacitated. Even a revocable living trust usually specifies that it is irrevocable at the death of the grantor. Transferring AssetsIrrevocable trusts transfer assets before death and thus avoid probate. However, revocable trusts are more popular as a means of avoiding the probate process. If a person transfers all of his assets to a revocable trust, he owns no assets at his death. Therefore, his assets do not have to be transferred through the probate process. Even though the grantor of the trust died, the trust did not die, so the trust assets do not have to be probated. However, trusts avoid probate only if all or most of the deceased person’s assets had been transferred to the trust while the person was alive. To allow for the possibility that some assets were not transferred, most revocable living trusts are accompanied by a “pour-over” will, which specifies that at death, all assets not owned by the trustee should be transferred to the trustee of the trust. Example: Mark sets up a revocable trust, which states that on his death, his assets should be distributed to his children in equal shares. Mark transfers his house to the trust, but does not transfer some rental real estate he owns. At Mark’s death, the trust can distribute the house outside of the probate process, but the rental real estate will have to be probated. Based on the will, the probate court will order the rental real estate be transferred to the trustee, who will then distribute it according to the terms of the trust. Successor TrusteesAlthough a grantor may name himself as trustee of a living trust during his lifetime, he should name a successor trustee to act when he is disabled or deceased. At the grantor’s death, the successor trustee must distribute the assets of the trust in accordance with the directions in the trust document. In many states, certain people must be notified at the death of the grantor. Free Consultation with a Utah Trust LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law 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
4.9 stars – based on 67 reviews
Which Bankruptcy is Reorganization? 5 Reasons You Need a West Valley City Car Accident Attorney Which Bankruptcy is Right for Me? via Michael Anderson http://www.ascentlawfirm.com/overview-of-trusts/ |
About MeHave a strong interest in donating wieners for farmers. Have some experience investing in cod in Bethesda, MD. Spent the better part of the 90's deploying Roombas in the aftermarket. Spent a weekend creating marketing channels for jungle gyms for no pay. Spent 2002-2009 building robots in the aftermarket. Spent 2001-2005 supervising the production of salsa in Libya. Archives
April 2023
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