For updates on the novel corona virus, click here It depends. Best to call our office and talk about it. On the off chance that an individual passes away without a Will or a trust, and names a child as the beneficiary, at that point it will be the Trustee’s business to deal with that tyke’s property as per the particulars of the archive. On the off chance that an individual bites the dust and makes a blessing to a tyke under that individual’s state’s Uniform Transfers to Minors Act, the tyke’s cash will be put in a custodial record for that kid’s advantage to a specific age. At long last, if an individual bites the dust and leaves cash to a kid straightforwardly, or names that kid as a beneficiary of a disaster protection arrangement or a retirement account, a court will need to choose a property watchman to deal with that tyke’s cash to age eighteen. In the event that a tyke is the beneficiary of a trust, the Trustee will need to get an assessment recognizable proof number for that youngster’s trust, open up a bank or money market fund for the sake of the trust (utilizing that new duty id number), and after that appropriate the resources for the kid as coordinated by the trust. For instance, if a youngster is the beneficiary of a trust to age twenty-five, and the trust guides the Trustee to circulate the cash for that child’s, “wellbeing, training, upkeep, and backing,” (which would be an ordinary dispersion standard), it will be the Trustee’s business to convey cash to that kid until the child turns 25. From that point onward, the trust would end, and the youngster would be responsible for overseeing and disseminating the cash themselves. It will be the Trustee’s business to document a guardian government form for this trust every year, to keep great records of how the cash has been contributed and spent, and to speak with the kid/beneficiary, to ensure that the cash is in effect enough conveyed and very much spent. Once in a while people leave blessings to youngsters without making a trust to hold that cash. The most straightforward approach to do this is to leave cash for a kid under what’s known as the Uniform Transfers to Minors Act. Each state has a variant of this law, which permits a grown-up, called the “caretaker” to oversee resources for kids to a particular age. A Will, for instance, may leave a blessing to a youngster along these lines: “To my dear nephew, Philip, I leave an endowment of $12,000 to Sarah Jackson, as caretaker for Philip Jackson, under the Utah Uniform Transfers to Minors Act to age 18.” Each state sets a period limit for UTMA accounts that are set up by Will or trust when somebody bites the dust. In Utah, as far as possible is 21, which implies that an UTMA record built up in Utah must end before the minor achieves age 21. The trust or Will would indicate what age inside this range applies. For instance, a Will may say, “I leave an endowment of $25,000 to Jane Smith, as overseer for her child, John Smith, under the Utah Uniform Transfers to Minors Act, to age 18.” The overseer of an UTMA record has the privilege to gather, hold, oversee, contribute and reinvest a minor’s property. They should act sincerely and wisely and they needn’t bother with a court’s endorsement. The cash in an UTMA account, which can be opened at a bank or a business organization, can be utilized for the minor’s advantage like instruction or travel or really anything that the minor may require. At the point when the custodianship closes, the cash has a place with the beneficiary, out and out, to be utilized anyway they need to utilize it. All advantages that are moved to minors are irreversible once made – if a tyke chooses not to set off for college, for instance, the cash is as yet theirs when the record ends. UTMA records can likewise be made by the agent (if there is a Will) or trustee (if there is a trust), on the off chance that the individual in question needs to move property to a minor, however the Will or trust didn’t name a caretaker. In many states like the state of the Utah, this should be possible except if the record surpasses a specific dollar limit, in which case the court must endorse the exchange. In Utah, an agent or trustee can build up an UTMA account along these lines: A custodial record might be built up by an agent or Trustee that finishes at 18. Notwithstanding, if the sum that is talented to the minor is more than $10,000, the court must support it. In the state of Utah after somebody bites the dust, somebody (called the perished individual’s ‘agent’ or ‘administrator’) must arrangement with their cash and property (the expired individual’s ‘home’). They have to pay the expired individual’s duties and obligations, and appropriate his or her cash and property to the general population qualified for it. On the off chance that the perished individual left a substantial will, the individual who manages the home is known as the expired individual’s ‘agent’. Addendum to that the perished individual left an invalid will or no will by any stretch of the imagination, the individual who manages the expired individual’s home is called an ‘administrator’. An administrator might be designated by the court before they can manage the expired individual’s bequest. On the off chance that the expired individual left a great deal of cash or property in his or her domain, the agent or the administrator may need to apply for an award of portrayal to access the cash. An application for an award is made to the Probate Registry. In the event that the perished individual left a substantial will, the Probate Registry will give probate of the will. In the event that the perished individual left an invalid will or no will by any stretch of the imagination, the Probate Registry will issue an award of letters of organization. A few homes need to pay Inheritance Tax(external connection opens in another window/tab). A few or the majority of this must be paid under the steady gaze of the court will issue a Grant of Probate of Letters of Administration. The expired may likewise be owed an assessment refund, or may need to settle some government obligation. ‘Property’ incorporates houses, land by and large, shares, collectibles, adornments, masterpieces, and elusive property, for example, licenses and copyrights. On the off chance that the expired held property in their sole name, and they left a substantial will managing the property, at that point the property will as a rule go in accordance with the will. In the event that the expired left no substantial will, or a will that did not manage the property, it is managed under the law of intestacy. Notwithstanding that the perished held property with someone else or individuals, the expired’s agent or administrator needs to discover how the property was possessed. Where the property is a house, there ought to be composed narrative proof of the sort of proprietorship. On the off chance that you sell the perished’s property or different resources at an addition (benefit) Capital Gains Tax will be payable if the increase over the market an incentive at the date of death (not the date of procurement) surpasses the present Capital Gains Tax limit. Moreover the perished individual claimed property with someone else or individuals as ‘gainful joint occupants’, the expired individual’s offer naturally goes to the enduring joint owner(s). Property possessed as joint inhabitants does not frame some portion of an expired individual’s home on death. However, the estimation of the perished a lot of mutually possessed property is incorporated when ascertaining the estimation of the bequest for Inheritance Tax purposes. In different cases, where the perished individual possessed property with someone else or individuals, the expired a lot of the property structures some portion of their domain and is managed by the agent under the conditions of the will or by the administrator under the law the law of intestacy. Organization of the home is probably going to be mind boggling and looking for free legitimate counsel is prescribed. That is it. In case you’re uncertain about whether or not a record had an assigned beneficiary, you’ll have to check with the bank or business organization and keep an eye on the record’s enlistment. For instance, in the event that Aleezay opened a financial records and, at that point assigned her sibling, Jack, as the payable-on-death beneficiary, upon Aleezay’s passing, Jack will get the record’s advantages. Property held in joint tenure passes naturally to the enduring joint occupant (or inhabitants) when a joint occupant bites the dust. It is likely the most widely recognized way that individuals possess property together. No probate is fundamental, simply some desk work. This is designated “right of survivorship” and it makes the exchange of property upon death extremely simple. Hitched couples can claim the greater part of their property along these lines: homes, vehicles, financial balances, and money market funds. Inconsequential accomplices can claim property as joint occupants, and here and there guardians will possess property with their kids along these lines, also. Property held mutually goes outside of whatever a Will or trust says. This can be a wellspring of disarray and upset- – if a parent’s Will leaves everything similarly to each of the three children, however just a single youngster is a joint proprietor of a financial balance, that one kid is the proprietor of that account, and is under no legitimate commitment to impart to his or her kin. Bank and money market funds will more often than not list the names of the joint proprietors with a shortened form like “JTWROS.” You may need to check with the bank to ensure if two individuals were joint proprietors on a record. Now and then, two individuals are recorded on checks, for instance, however just one is the proprietor; the other is there for mark purposes/comfort, this is frequently the situation among guardians and kids. For a vehicle, you first need to see precisely how the pink slip is worded. In certain states, similar to California and Connecticut, the world “or” between gatherings makes a joint tenure. Be that as it may, in others, similar to Arizona, the words “as well as” are utilized. Check with Utah’s branch of Motor Vehicles to perceive what the required language is. Snap here for a catalog of the majority of the state’s divisions of engine vehicles. For genuine property, the deed will say something like: ” Jane and John, as joint occupants with right of survivorship.” In certain states, wedded couples can claim property in ‘Tenure by the Entirety’ or as ‘Network Property With Right of Survivorship,’ the two types of property possession additionally have a privilege of survivorship, and move outside of probate. Probate Law and Estate Lawyer Free ConsultationWhen you need to access money from a deceased person’s account, please call Ascent Law LLC 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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Some types of modification are better than others, and your lender might not offer all of them, although it might have additional options. • Principal reduction: Your lender can eliminate a portion of your debt, allowing you to repay less than you originally borrowed. It will recalculate your monthly payments based on this decreased balance, so they should be smaller. Lenders are typically reluctant to reduce the principal on loans, however. They’re more eager to change other features which can result in more of a profit for them—not a loss. If you’re fortunate enough to get approved for a principal reduction, discuss the implications with a tax advisor before moving forward because you might find that owe taxes on the forgiven debt. This type of modification is usually the most difficult to qualify for. • Lower interest rate: Your lender can also reduce your interest rates, which will reduce your required monthly payments. Sometimes these rate reductions are temporary, however, so read through the details carefully and prepare yourself for the day when your payments might increase again. • Extended term: You’ll have more years to repay your debt with a longer-term loan, and this, too, will result in lower monthly payments. This option is commonly referred to as “re-amortization.” But longer repayment periods usually result in higher interest costs overall because you’re paying interest across more months. You could end up paying more for your loan than you were originally going to pay. • Convert to a fixed rate: You can prevent problems by switching to a fixed-rate loan if your adjustable-rate mortgage is threatening to become unaffordable. • Postpone payments: You might be able to skip a few loan payments. This can be a good solution if you’re between jobs but you know you have a paycheck out there on the horizon somewhere, or if you have surprise medical expenses that will be paid off eventually. This type of modification is often referred to as a “forbearance agreement.” You’ll have to make up those missed payments at some point, however. Your lender will add them to the end of your loan so it will take a few extra months to pay off the debt. Government Loan Modification ProgramsDepending on the type of loan you have, it might be easier to qualify for a loan modification. Government programs like FHA loans, VA loans, and USDA loans offer relief, and some federal and state agencies can also help. Speak with your loan servicer or a HUD-approved counselor for details. The federal government offered the Home Affordable Modification Program (HAMP) beginning in 2009, but that expired on Dec. 31, 2016. The Home Affordable Refinance Program (HARP) expired two years later at the end of 2018. But HARP has been replaced by Freddie Mac’s Enhanced Relief Refinance Program and by Fannie Mae’s High Loan-to-Value Refinance Option, so these might be a good place to start for assistance. Why Lenders Modify LoansModification is an alternative to foreclosure or a short sale. It’s easier for homeowners and it tends to be less expensive for lenders than other legal options. You get to stay in your home, and your credit suffers less from modification than it would after a foreclosure. Otherwise, your lender has several unattractive options when and if you stop making mortgage payments and it must foreclose or approve a short sale. It can: How to Get a Loan ModificationStart with a phone call or online inquiry, and let your lender know about your financial situation. Just be honest and explain why it’s hard for you to make your mortgage payments right now. Lenders will require an application and details about your finances to evaluate your request, and some require that you also be delinquent with your mortgage payments, usually by 60 days. Be prepared to provide certain information: Mortgage Modification ScamsUnfortunately, homeowners in distress attract con artists. Beware of promises that sound too good to be true. It’s best to work directly with your lender to be on the safe side. Some organizations will promise to help you get approved for a loan modification, but these services come at a steep price and you can easily do everything yourself. They typically charge you, sometimes exorbitantly, to do nothing more than collect documents from you and submit them to your lender on your behalf. In some states, they’re not legally permitted to charge a fee in advance to negotiate with your lender, and in other states, they’re not allowed to negotiate for you regardless of when you pay them. Of course, don’t count on them telling you this. Refinance the Loan InsteadModification is typically an option for borrowers who are unable to refinance, but it might be possible to replace your existing loan with a brand new one. A new loan might have a lower interest rate and a longer repayment period, so the result would be the same you’d have lower payments going forward. You’ll probably have to pay closing costs on the new loan, however, and you’ll also need decent credit. Consider Filing For Bankruptcy ProtectionIf all else fails, you might have one other option filing for Chapter 13 bankruptcy. This isn’t the same as a Chapter 7 bankruptcy where the court takes control of your non-exempt assets, if any, and liquidates them to pay your creditors. Chapter 13 allows you to enter into a court-approved payment plan to pay off your debts, usually for three to five years. You can include your mortgage arrears if you qualify, allowing you to catch up and get back on your feet, but you must typically continue to make your current mortgage payments during this time period. This might be possible, however, if you can consolidate your other debts into the payment plan as well. You must have sufficient income to qualify. Loan Modification: What Are Considered HardshipsLoan modification is the process of negotiating the terms of your loan for any number of varying factors. In the case of financial hardship, you are seeking a modification on your loan based on circumstances that have affected your ability to pay. Loan modifications are common on home loans today, but they may also be available on student loans, car loans and personal loans. In today’s economy, lenders are willing to work with people who claim financial hardship in order to keep those people in their homes and financially stable. Unemployment For Loan ModificationsUnemployment is among the most common reason to seek loan modification for financial hardship. Many car dealerships are offering to make payments for purchasers for up to a certain amount of time in the case that purchaser loses his or her job. Even cable companies are reducing monthly fees for the unemployed. This does not just apply to a lost job, either. Students graduating from college or graduate programs who have been promised jobs that have been deferred for a certain amount of time can additionally defer their loans. For example, if you are graduating from law school and were promised a job starting in October which is now not starting until January, you may defer your loan repayments with the claim of financial hardship. Reduced IncomeIf you are facing a reduced income for any reason, you may be able to negotiate the terms of your loan. Many people are facing a reduction to part-time employment in response to the recent recession. If you were forced to leave one job and take another in a lower pay bracket, consider writing a financial hardship letter to your lender for loan modification purposes. Your lender may likely already have forms and letter you can use as a sample. Divorce or Family ProblemsDivorce is one of the most common drains on a family’s income. Legal fees, splitting of assets and moving from one mortgage to two can drastically decrease a family’s ability to make ends meet. Likewise, if your spouse passes away you will be eligible for loan modification based on financial hardship. When you are speaking with your attorney regarding divorce settlement or estate settlement, discuss the loans you are currently repaying. Your attorney may be able to offer advice on programs to reduce your payments based on financial hardship. Disability or IllnessYou may be eligible for loan modification if you or your spouse is out of work for an extended period of time due to disability or illness. Many lenders will offer this same benefit to couples that are cohabitating, but not all lenders recognize this as a legitimate claim of financial hardship. You must be able to show how your disability or illness has affected your ability to receive the loan modification. You will likely additionally be required to show medical records stating the illness and treatments you received. Hardship Letter Tips for your Loan WorkoutIf you are trying to obtain a loan modification or other loan workout plan, then your bank’s guidelines are going to require that you write a hardship letter. A hardship letter is required by lenders when negotiating a loan modification or any loan workout. It is a letter you have to write explaining your financial distress and what caused you to fall behind in your mortgage payments. When writing your hardship letter remember that lenders will not modify your loan because they feel sorry for you, but rather because you have convinced them that you will be able to make future payments under the proposed loan modification. As a result, while you need specify your financial hardship, your letter should concentrate on how you plan to rectify your situation, rather than focusing on the causes of your financial distress and missed payments. Acceptable HardshipMake sure that when you write a hardship letter, you provide a specific cause for missing mortgage payments. Below are examples of acceptable hardships according to bank guidelines: Instructions for Writing a Successful Hardship Letter• Include your name, mortgage loan number, and property address at the top so your bank can locate your home loan easily. Hardship Mortgage ProgramsJob loss, serious illness, increased expenses or reduced income can lead to a hardship that prevents your from paying the mortgage. In many cases, you can ask your mortgage lender for assistance. Hardship mortgage programs involve modifying one or more terms of your current loan program, replacing the loan with a new loan via a refinance, or restructuring the payment schedule to help you catch up. Hardship programs vary by lender, loan type and your financial circumstances. For example, your lender may offer certain assistance programs if you have a reduction in income, and offer other types of hardship programs if you lose your job and have no income. Lenders typically require you to prove your financial hardship through pay stubs, income tax returns, bank statements and a hardship letter. Lenders use this information to evaluate the extent of your financial distress and determine eligibility for a hardship program. Loan Modification ProgramsA loan modification is a temporary-to-permanent solution to your mortgage hardship. Your lender may offer it on a temporary basis for three or four months. If you complete the trial run, it can make the modification permanent. Modification involves lowering your interest rate, extending your repayment term, switching your program from an adjustable-rate to a fixed-rate, or a combination of these methods to achieve an affordable payment. Lenders may offer their own brand of modification programs or participate in the government’s Home Affordable Modification Program, which streamlines guidelines among participating lenders. Refinance OptionsYou may qualify for a traditional refinance if you have yet to miss a payment but anticipate financial hardship due to increased expenses, reduced income or an upcoming payment increase on your mortgage. A traditional refinance can lower your interest rate and monthly payment if you have sufficient equity and good credit. If your loan is not in good standing or have little to no equity, however, your lender may offer a refinance due to financial hardship. For example, the Federal Housing Administration offers the Short Refinance for borrowers who owe more than the value of their home. The government also offers a refinance if you have an “underwater” loan through the Home Affordable Refinance Program. Forbearance, Reinstatement and RepaymentIf you have a temporary financial hardship or are just recovering from one, your lender may offer a few options for getting your payments back on track. A forbearance entails temporarily reducing or suspending your payments for a set period of time without the threat of foreclosure. A lender may also reinstate your loan after several missed payments if you can pay the arrears in a lump sum and you can prove that you have overcome the financial hardship. Your lender may also offer a repayment plan if you have recovered from your hardship. Loan Modification Lawyer Free ConsultationWhen you need legal help with a loan modification in Utah, please call Ascent Law LLC 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
How Much Does It Cost For Estate Planning? Do You Always Lose Your License After A DUI? via Michael Anderson https://www.ascentlawfirm.com/what-is-a-hardship-loan-modification/ Ultimately it does not matter. When marriages begin to fall apart, most spouses know that something is wrong. However, many spouses are hesitant to be the first one to file for divorce. Some are unsure about whether divorce is really the solution, others may wonder if they are being hasty and still others may just not know how to proceed. While people’s hesitation to file divorce is understandable, people considering divorce should be aware of the potential benefits that accompany being the first spouse to file for divorce. Financial Benefits of Filing For Divorce FirstBeing the first spouse to file divorce means that a person can begin the proceedings at a time when he or she is financially prepared to do so. A person would have had time to collect copies of all important legal documents, such as deeds, bank and investment account statements, wills, life insurance policies, social security cards, titles to property. They will need these papers as part of the property division process, and it may be more difficult to obtain copies after the divorce starts. Also, a person can assess the family finances and determine the extent of their assets and debts, so they will have an accurate idea of what will be divided in the property division. People filing for divorce first also have the advantage of doing so after they have ensured that they have access to money and credit to meet their needs during the divorce process. Possible Legal Benefits Of Filing FirstOne of the main legal advantages that a person gains by filing the divorce petition before his or her spouse does is that the filer can request a Standing Order from the court when filing the petition. Such an order prevents either spouse from making changes to beneficiaries on policies such as life insurance or retirement accounts, selling, borrowing against or transferring property, changing bank accounts and other similar financial moves. This can be important if the spouse filing divorce suspects that the other spouse will attempt to hide assets. The person who files for divorce also chooses the jurisdiction in which they litigate the divorce. In situations where spouses have lived apart from each other for a substantial period of time, possibly great distances from each other, filing the divorce petition first can prevent having to conduct matters related to the divorce far away from where a person lives. If the matter should go to a hearing, the person who files the petition usually presents his or her case first. This can be a drawback for a spouse if he or she does not wish to reveal his or her strategy to the other spouse. The other spouse then has the opportunity to adjust the presentation of his or her case after seeing the other side. Advantages of Filing FirstIf you file the initial Utah divorce petition, the court considers you to be the petitioner. Being the petitioner can be beneficial for several reasons: • You don’t have to scramble to select a divorce attorney in time to file a response. • You get to choose a convenient start time and establish deadlines for the case. • You have time to prepare for the financial costs of divorce. • You may have more of an opportunity to protect community assets. • You won’t have to worry about your spouse stalling the divorce. Advantages of Being the RespondentIf your spouse serves you with divorce papers, you’re the respondent. While playing this role may not have as many obvious advantages, being the respondent can be beneficial because: • You have a chance to review your spouse’s requests before making decisions. • Your divorce attorney can build an effective strategy based on the petition. • You save money on filing fees and, in some cases, on service fees. The Divorce ProcessA 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 acknowledgement 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. What is an Uncontested Divorce?If you and your spouse are worried about expensive, protracted court hearings, you can probably relax. According to CBS News, only about 5% of cases ever make it to trial. Other sources cite the number as being less than 5%. While estimates vary depending on who you ask, it’s easy to see what they all share in common: they’re tiny. Even in the worst case scenario, the likelihood of going to trial is minimal. That being said, it’s certainly not unheard-of. The good news is that the course your divorce follows is largely up to you and your spouse. In order to understand why, you have to have a general understanding of the Utah divorce process. First, the petitioner files a complaint (petition) for divorce, which initiates the legal process. The spouse on whom the petition is served is known as the respondent. Once the respondent has been served with divorce papers, he or she has just 21 days to file an answer. (Out-of-state respondents have 30 days.) The nature of the respondent’s answer can set the divorce down a few different paths: • If the respondent fails to file an answer within the allotted time period, then the petitioner can ask the judge to grant a default judgment. Ignoring divorce papers will not stop the divorce from happening; it will simply strip the respondent of his or her legal ability to challenge the petitioner’s demands. • If the respondent agrees to everything in the complaint, including requests for alimony and/or child support payments, then the divorce is uncontested. If a divorce is uncontested, you can move ahead with the divorce process by filing the appropriate forms. However, even if you and your spouse are able to agree on the petitioner’s proposals regarding division of property, child support, and so forth, it is prudent to retain a family law attorney to ensure the proper and timely filing of legal documents. Some of the documents you will need to file include: • Acceptance of Service Even if aspects of the divorce are being disputed, it still doesn’t mean that trial is inevitable or even necessary. If you and your spouse initially disagree on how matters like custody, alimony, and division of property should be handled, then you will be sent to mandatory mediation. Mediation is not like litigation (going to court). In litigation, the parties stand in opposition to one another, and each party seeks a different outcome. A judge presides over the trial, and renders a judgment based on the facts which are presented. If the court’s orders aren’t obeyed for instance, if a spouse stops paying child support, rather than trying to have the terms of the support order modified then the non-compliant person is in contempt of court and can be fined and jailed. In mediation, a qualified mediator works with both parties to help them come to a resolution that both people can agree on. While mediation isn’t always effective, it does have several distinct advantages over litigation: it tends to be quicker, less expensive, and less formal. Plus, because mediation is inherently less adversarial than litigation, it can be desirable for divorcing spouses who want to stay on good terms for the sake of their children. Trial is essentially a last resort, the final method of resolving the disagreements between you and your spouse. If mediation fails to solve your disputed matters, it will become necessary to go to trial before a judge. You and your spouse are not officially divorced until the judge grants the final divorce decree. However, even at this stage, either party may appeal if he or she disagrees with some aspect of the judge’s decision. The notice of appeal must be filed within 30 days of the decree’s entry. Divorce in UtahIf you enter into marriage under the age of 20 and/or have an income of less than 25,000, your risk of divorce skyrockets. Throw in a spouse losing their job or a surprise pregnancy, and your marriage may be doomed before it begins. Here in Utah, we have a tendency to marry quite young. The median age of marriage in the United States is 27 for women and 29 for men. Now compare that to the average age of marriage in Utah, which is 24 for women and 26 for men. Utah’s divorce rates run slightly higher than the national average. Statistics often attribute this to Utah having larger families than the national average, citing more than 5% of families have 7+ family members compared to the 3.25 national averages (2013). Utah Requires Divorcing Couples to Attend a Divorce Education Class The news that you are getting divorced has spread through your church, neighborhood, and/or workplace, and we are a curious species. Don’t be surprised when people you barely know ask you why you the nitty-gritty on why you are getting divorced. There is much guilt and regret present in nearly every divorce. You may easily blame yourself because you run through all the things you could have done differently, because your children blame you, or you may feel guilty simply because you were the one who filed the divorce papers. This is normal!! Make a choice to move forward, and take care of yourself. Throughout the divorce process you will have good days and bad days. Feeling guilty or overwhelmed does not mean that you should give the other spouse everything. Doing so will probably not lessen the grief on either side, and you are still entitled to half of everything. Additionally, people may want to tell you their divorce horror stories. Please remember that every situation is different, and you shouldn’t let someone else’s negative experience stress you out. When you are feeling stressed, rely on professional advice from your family law attorney, mental health counselor, or financial advisor as they are qualified to give you answers pertaining to your specific situation. Parenting after Divorce May Become More DifficultThere will be many disagreements maybe not fair or logical ones. There may be pain when you refer to your ex as “mommy” to your kids, however that is her name to them, and you need to be the adult about it. No matter what age your kids are, please practice high levels of self-control and not bad mouth the other parent in front of your children. You may think with the other spouse out of the picture, that you can make all parenting decisions by yourself. If you’re granted sole legal custody, then you can make major decision about the kid(s) by yourself. Having sole physical custody simply means that you are the parent the kid(s) live with. Make a choice to try to co-parent as best you can. If you can’t get along, you may need to have separate birthdays, and the more times in your kids’ lives you are going to miss out on. Just because you are divorced, doesn’t mean that you have to be enemies. If the Utah Divorce Decree is Violated, There can be Serious Consequences. 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 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
Why Should I Get A Legal Separation In Utah? Utah Divorce Mediation Attorney Which Bankruptcy Is The Worst? via Michael Anderson https://www.ascentlawfirm.com/does-it-matter-who-files-for-divorce-first-in-utah/ DUI is the abbreviation used for the term Driving Under Influence. It is sometimes also called DWI (Driving While Intoxicated). It is the act of driving the motorized vehicle during or after the consumption of alcohol or drug or both. DUI is a criminal offense in many countries and the person can be charged high fines or imprisonment for this crime. A driver has to lose his license for a specific time period or permanently depending on the severe-ness of the crime. A DUI offense is considered as serious as any other criminal offenses in the United States. Those who get DUI have to face many consequences that a DUI can pose. The consequences can be both short term and long term affecting your work life as well as your personal life. This article explains how DUI affects your life detailing both the aspects of your life. DUI Work And LifeA DUI can affect your work life to a great extent. You will lose your existing job as well as find difficult to get a new job. You may inevitably need to disclose your DUI to your current boss since you are required to attend court-ordered alcohol education classes and community services around your working hours. This leads to loss of job and as a result loss of income no matter how proficient you are at work. You may also find difficult to get a new job despite being highly qualified for the position since every employer requires a criminal background check. Also, due to license suspension after DUI arrest, you may find difficult to drive to work. And if you are in a job that requires you to drive, you may lose your job. DUI Affects Your Personal LifeAnother main area of DUI can affect greatly is your personal life. It could affect your family, financial situation, transportation, car insurance, and rental transactions. Below we will see how DUI affects each area of your personal life. Getting a DUI not only affects you but your family as well. Most states publicize DUI arrests. This can cause embarrassment for both you and your family in front of your friends, coworkers and neighbors. DUI can be very expensive and it varies from state to state. DUI could cost you roughly $10000. This includes fines, legal fees, car insurance, license reinstatement fee, bail, alcohol evaluation, and other miscellaneous fees. Besides this, you would also incur a loss of income due to loss of job. Hence one may suffer financially after getting a DUI. After getting arrested for DUI, your driver’s license is immediately suspended. As a result, you may need to opt for public transportation or depend on your friends or family members for rides. It can be frustrating for you and a burden for them. A DUI conviction will skyrocket your car insurance rates. It also affects your life insurance premiums. Like employment, you will find difficult to get a rental house since landlords require a background check. You would also be denied for renting vehicles. Expunge your DUI record “completely” with the help of DUI Process Manual. It offers little-known strategies to clear your DUI record completely and pass employment background checks in a step-by-step approach. Especially, this strategy is helpful if your state (US) does not allow formal expungement. Getting caught driving drunk is serious business in most states. Some states are more lenient while others are very harsh. – Like Utah for example. Once you are convicted of a DUI in Utah, it’s there for 75 years. You can’t seal the record and you can’t have it expunged. This can impact your life in multiple ways, and for the worst. Also, the legal implications of a DUI charge can be a nightmare. DUI License SuspensionLicense suspension will vary from state to state and depend on past offenses. – But just for a first offense, if you get convicted of DUI in Utah, you will have your license suspended for 6 months. If you get convicted of drunk driving in Alabama for the first time, you will lose your license for 90 days. – And get this, just your first DUI offense in Utah, you can expect a license suspension of 1 year. A drunk driving conviction is bad all the way around and paying hefty fines is just another part of the many penalties. You can pay as little as $100 for your first DUI offense in states like Virginia, but in states like Utah, you can pay $500 to $1000 for your first offense with these numbers increasing after each offense. Add in the potential loss of employment, attorney’s fees and court costs and your bank account are going to take a beating. DUI Car ImpoundmentEven if you do get to keep your job, how are you going to get there without a car and without a vehicle? Having your car impounded will be another inconvenience for you and your family. It will also mean having to spend even more money to get to work. That is unless you have a friend that likes you enough to carry you back and forth every single day. DUI Community ServiceThis DUI penalty will give you the opportunity to impress friends and family. No, not really, your community service may actually involve you picking up trash on the highway. Not glamorous, not fun, but undoubtedly humbling and a great opportunity for a person to think about their DUI. DUI SchoolYou will also probably get another chance to go to school, but not to party down at some cool college. You will have to go to DUI School. DUI ProbationYes. It’s true. Getting a DUI may land you on probation. You will have to meet with your new friend, a probation officer, regularly. – And be sure not to miss an appointment. DUI Jail TimeNobody wants to end up in jail, but depending on the circumstances of your DUI, you could do jail time. This is definitely one of the worst DUI penalties in my opinion. Not only will you pay fines, lose your license, go to DUI school, etc., but a DUI will impact your life in many other ways as well. You will carry around the DUI stigma. You may lose your job. Your car insurance will definitely go up. Your credit may be hurt and depending on the circumstances of your case, you may lose your right to own a firearm. How Long Will I Lose My License?The charges for the DUI can be as follows: If you possess the commercial driver’s license, you may face additional suspensions for the charge of drunk driving. All countries have made it mandatory to suspend the license of the driver found guilty under DUI charge. Typically, the suspension period can vary from 30 days to one year if you are charged the first time for DUI. The Rules Revocation of License under DUI Charge: It is not that you will lose your license if you are charged for DUI. There are various ways where you can defend against these charges. You can consult with your attorney for the substitute ways. You probably know, that if you have been charged with a DUI, you are the midst of some serious business, with serious consequences. Driving under the influence of alcohol or drugs is a dangerous criminal act. Driving under the influence is a severe crime in every state. For this reason, you don’t want to try to defend yourself. Also, for this reason, you definitely should not throw in the towel and just plead guilty to get it over with. A given lawyer will have more knowledge and experience in one area than in another, so your choice of which type of lawyer to hire is very important. Using a DUI attorney or DUI Lawyer who focuses on drunk driving defense could make a big difference in the outcome of your case. Also consider that there are many specialized DUI lawyers out there, and it makes a difference which one you ultimately choose to work with. Just as in any field, simply put, some DUI lawyers are much better and more experienced at what they do than others. DUI lawyers and their fees vary depending on the skill and experience of the attorney as well as the complexity of your DUI case. For example, many attorneys claim to be DUI defense lawyers, but they simply handle guilty pleas! Because of the seriousness of the crime and the lasting consequences that are often the result of a DUI, it is probably worth every penny and every minute to meet and work with a DUI lawyer who can do the most for you by virtue of their experience and track record. Frankly, you need a lawyer who focuses on DUI with expertise tackling cases the same as yours – with positive results. You want to understand how many DUI trials has the lawyer handled in the last year. (You got to understand this figure to make sure that your lawyer has the power to defend you just in case your DUI suit goes to trial.) The more cases of DUI the lawyer has handled, the more competent he or she is probably going to be in DUI defense. Even more so, the more expertise the lawyer has with cases very similar to yours, the more he or she is probably going to be ready to give you with the most effective advantage, increasing your probabilities of success, with or without a trial. The penalties in drunk driving cases are very difficult. You can potentially lose your driving privileges and in extreme cases might face jail time or maybe jail. On the opposite hand, bear in mind DUI cases conjointly get dismissed, DUI charges get reduced, DUI punishments get reduced, and people are found clean-handed on a consistent basis by DUI lawyers who investigate and who have the required knowledge and skill. (This, however, is not always the case. If the DUI causes injury or property damage and in cases where the DUI is not a first offense- the DUI charge can become and be treated as a felony. But remember, many cases of DUI/DWI also get dismissed on simple technicalities with the help of experienced DWI lawyers. The DUI lawyer’s help is also very important during pre-trial conferences (the negotiations before an actual trial is set). They will research and use any technical defects they find to build a strong defense, in preparation for either settlement or trial. The last step in the court process is an actual criminal trial. Finally, if a trial has been set, the DUI lawyer will participate in the juror selection and naturally, stand for and defend you during the actual trial. Of course, a great many cases are resolved before they go all the way to trial. Yes, if the DUI case you’re facing is complicated and there is a strong possibility that your case will actually go to trial, then your attorney’s quote (cost estimate) can go up to as high as $10,000 or even more. But, don’t give up just because your situation will have a cost. The alternative also comes at a cost. Remember that if you do go to trial, the prosecution must do more than prove you “may be guilty” – they must prove that your guilt is the only reasonable conclusion based on hard evidence. So if you’re facing a DUI charge, don’t just throw up your hands and say, “Oh well, I might as well plead guilty. Remember, if you don’t seek professional DUI lawyers to protect your rights, you may face jail time. DUI Attorney Free ConsultationWhen you or a loved one has been charged with a DUI in Utah, please 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
How Does A Loan Modification Work? via Michael Anderson https://www.ascentlawfirm.com/do-you-always-lose-your-license-after-a-dui/ The last thing anyone wants to do is plan for their death. There are a lot of important decisions you need to make decisions you shouldn’t leave to your loved ones. These include saving for and planning your funeral, appointing a power of attorney, designating beneficiaries for all your accounts, setting up your kids especially if they’re fairly young, planning your estate, and setting up your last will and testament. This last one is probably one of the most important things you’ll have to do. Drawing up a will isn’t as easy as you may imagine. Most people hear the word will and think it’s a fairly simple process. The idea most people have is that it requires a few minutes to designate the recipients of all your worldly belongings. But that isn’t true. In fact, there are many important facets to the document you have to consider right down to how you word it. If you have a lot of assets, run a business, and have more than one child and/or grandchildren, you need to take some time to make careful decisions about what happens after you die. Doing so now will help those you leave behind in the end. Make a list of all your assets, your home, vehicles, any valuables along with all of your financial accounts such as checking and savings accounts, certificates of deposit (CDs), and life insurance policies. Then jot down all of your dependents and who inherits each asset. Also note if there are any special considerations you’d like to include in your will such as when minors inherit your assets, how accounts will be split up, or what happens to your home after you die. You can try drafting the will yourself or you can hire a lawyer to do the work for you. But even if you hire an attorney, you’ll still have to make these important decisions on your own. We’ll look at the benefits and drawbacks of both a little later in this article. The fee for having a basic will written can be as little as $150 fairly reasonable and affordable for most people. Consider purchasing a do-it-yourself will creation kit that can be purchased online or in stores for less. These are generally templates you can fill in with your pertinent information online. If you require more complicated or additional estate planning documents, be prepared to dish out more cash. It can cost $1,000 or more in advanced situations. But this may be too generic for you, leaving you the option to hire a professional. The low end for having a lawyer draft a will is around $300, but it can easily cost $1,000 or more if your situation is more complicated. Do-it-yourself kits to create and file a legally enforceable will have gained in popularity due to the minimal cost involved. If you don’t have a lot of complicated issues about your final wishes, your finances are fairly straightforward, and you don’t have any children, this may be the most suitable option for you. Kits can be purchased for as little as $10, so they give you the option of drawing your will at your convenience without having to pay an outrageous cost. There is a lot less time involved, and you can generally make updates at your leisure without much difficulty or cost. Before you settle with one of these kits, make sure you understand everything the kit entails including the legal language. You don’t want to sign a document you don’t fully understand. Also consider whether the document is enforceable in your state, as some documents don’t coincide with guidelines in certain areas. You may be required to have witnesses or have your document notarized. The best option is to hire a lawyer if you have a complicated situation, a lot of assets, many beneficiaries, and a lot of dependents. While the decisions of what happens to your estate after you die are yours, an attorney can guide you through the process and help you word your will properly so there are no mistakes. After all, you are paying for legal advice, so it makes sense that you get the full benefit of an error-free will. Advantages of Estate PlanningTaking care of your family has always been the number one priority in your life, and that isn’t going to change. The best way to make sure they are taken care of after you pass is to establish an estate plan while you are still of sound mind. Here are the advantages of creating an estate plan: • Provide for your immediate family: The estate plan will provide enough money for your surviving spouse to continue to care for the family. If both you and your spouse pass, an estate plan will name appointed guardians to care for your children. • Ensure property goes to the right beneficiaries: Your estate plan will outline exactly where your assets are to go in the event of your death. This leaves no questions to be resolved by the courts or cause for family discord. • Minimize the expenses and taxes: When you take care to create an estate plan, you should be able to keep the cost of transferring any property to your named beneficiaries. • Ease the burdens of your family: It can be difficult to plan the funeral of a loved one when grieving. When working on your estate plan, you can outline your wishes for funeral arrangements and even set aside funds for them. This takes some of the burden off your family during this difficult time. • Plan for any kind of incapacity: Life is unpredictable. If you should ever become mentally or physically incapacitated, an estate plan will outline your wishes regarding life and who will make medical decisions on your behalf. • Reduce taxes that take place on your estate: By crafting an estate plan, you should be able to minimize the amount of taxes collected on your estate, which results in your beneficiaries keeping more of the money you set aside for them. • Establish trustees over your estate: You’ll need someone to serve as the executor of your estate to make sure everything is handled properly. Your estate plan will name this person, which will save money and simplify the administration process. • Provide for those who many need help: Do you have a child who has a disability? Or perhaps you have grandchildren who will be attending college in the future. Through your estate plan, you can set up a special trust to provide funds to support them. • Ensure a business continues with a succession plan: If you own your own business, you’ll want to establish some kind of plan to keep it going after you pass. An estate plan will name your successor and outline what happens to your interest in the business. As you can see, there is a lot that goes into estate planning, and none of these areas are ones you want to leave up in the air. By working with professional estate planning attorneys, you can make sure you have thought of everything. Without a will, your property may not go to who you want. Much of it can be tied up in probate for years, which means your family won’t get the assets they want and potentially need until it’s all settled. You can’t make assumptions that everything is going to go the way you want. Legal documentation is the only way to ensure your wishes are met. Estate Planning• Loss of control: Once an asset is in the irrevocable trust, you no longer have direct control over it. However, in the case of a husband and wife, it is possible to create separate trusts for each, thereby collectively maintaining control. There are many pitfalls with this technique, such as observance of the Reciprocal Trust Doctrine, so this strategy should only be employed with the assistance of a skilled estate planning attorney. • Fairly Rigid terms: Irrevocable trusts are not very flexible. Once the terms are established, they can be difficult to change. • The Three-Year Rule: If you include life insurance in an irrevocable trust and pass away within three years, the proceeds return to your estate and become taxable. • The Five-Year Rule: If you put assets in an irrevocable trust and need Medicaid within a five-year period, you may have to repay all prior transfers to the trust by covering the costs of a nursing home privately. Only after you have repaid all gifted assets will you be eligible for Medicaid. Because they have such strong advantages and disadvantages, the suitability of an irrevocable trust depends on a person’s individual circumstances. An experienced estate planner can help you decide if such an arrangement is right for you, or if you would be better off setting up a revocable trust instead. Estate Planning ProcessAs you go through life, you’re likely to accumulate some amount of wealth, assets and even just family treasures. What will happen to all those things if you die or become incapacitated? That’s where estate planning comes in. An estate plan allows you to legally specify your wishes and how you want them carried out. A well-crafted estate plan can help avoid disputes that may arise and can keep details about your family’s financial affairs private. When you’re ready to work with a qualified attorney and financial planner to write your estate plan, here are some of the key steps you’ll go through: • Create an inventory of what you own and what you owe: Compile a comprehensive list of your assets and debts, including account numbers and contact information, as well as names and contact information for your important advisers. Keep the summary in a secure, central location along with original copies of important documents and provide a copy of the summary for the executor of your will. This list could be a piece of paper or also a digital file kept in a secure location. • Develop a contingency plan: An estate plan allows you to control what would happen to your property and assets if you or your spouse passed away today. It also puts a documented plan in place so that if you became incapacitated, your family could carry on your affairs without having to go through court. This includes a strategy for providing income if you were to become disabled and covering potential expenses for care giving that may be needed at some point. • Provide for children and dependents: A primary goal for many estate plans is to protect and provide for loved ones and their future needs. Your estate plan should include provisions for any children, including naming a guardian for children under age 18 and providing for those from a previous marriage if you remarry, your assets may not automatically pass to them. It also would specifically address the care and income of children or relatives with special needs that must be planned carefully to avoid jeopardizing eligibility for government benefits. • Protect your assets: A key component of estate planning involves protecting your assets for heirs and your charitable legacy by minimizing expenses, and covering estate taxes while still meeting your goals. If necessary, your estate plan would include specific strategies for transferring or disposing of unique assets like a family-owned business, real estate or investment property, or stock in a closely held business. Many people use permanent life insurance and trusts to protect assets while ensuring future goals can be met. • Document your wishes: If you want your assets distributed in a certain way to meet financial or personal goals, you need to have legal documentation to ensure those wishes are followed if you die or become incapacitated. This includes designating beneficiaries for your life insurance policies, retirement accounts and other assets that are in line with your goals. It also means ensuring that titles of material assets, such as automobiles and property, are named properly. Work with an attorney to be sure you have an updated will disposing of your assets, a living will reflecting your end-of-life wishes, as well as powers of attorney for health-care and financial matters. • Appoint fiduciaries: To execute your estate plan, you must designate someone to act on your behalf if you are unable to do so as executor of your will, trustee for your assets, legal guardian for your dependents or personal representative or power of attorney if you became incapacitated. You need to be sure your fiduciaries are aware of and agree to their appointments, and that they know where to find your original estate planning documents. Fiduciaries can be family members, personal friends or hired professionals such as bankers, attorneys or corporate trustees. Whether you are just starting out or have accumulated wealth over a lifetime, an up-to-date estate plan helps you minimize the impact of unexpected events on you and your family by preserving, protecting and managing your assets. A financial advisor can help you create a financial security plan to meet your goals, and provide tools and resources to build an estate plan that makes an impact well into the future. Estate Planning Lawyer Free ConsultationIf 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
What Are Four Positive Outcomes Of Estate Planning? How Does Utah Child Support Find People? What To Do After A Motorcycle Accident? via Michael Anderson https://www.ascentlawfirm.com/how-much-does-it-cost-for-estate-planning/ No one can stop you from getting a legally separated if you want one, with the possible exception of the court. If you don’t follow proper legal procedure, a judge can deny your separation, forcing you to start over. Your spouse can’t stop you, but she can complicate the process. • Decide what ground you want to use to file for your separation. All states require that you give a reason in your divorce petition for ending your marriage. All states also provide for some version of no-fault divorce. In either case, you have the burden of proof to show the court your ground exists. If you chose a fault ground when your spouse is already resisting the divorce, you’ll provide her with an opportunity to contest it by denying the wrongdoing. She generally can’t contest a no-fault ground. • Research the rules for service of process in your state. You can call your county court, a legal aid center, your local paralegal association or consult with a lawyer. Make sure you understand exactly what you have to do to ensure that your spouse legally receives a copy of your divorce petition after you file it. If you err, your spouse can say she wasn’t properly served and block your divorce proceedings. You could still get a divorce, but you’d have to start the process all over again. • Wait out the period of time your state gives your spouse to answer your divorce petition. If she files a response with the court, you’ll probably have to resolve your divorce by trial; she won’t agree to a settlement if she doesn’t want the divorce. • Call the court again to find out how you can move forward with a default judgment if your spouse ignores your divorce papers and doesn’t answer them within the allotted time. In most states, this requires filing a request for default, then appearing at a hearing to testify that you’ve met your state’s filing requirements and to prove your ground. If you chose a no-fault option, your opinion that your marriage is over is usually enough. Otherwise, you might have the added task of convincing the judge that your ground happened, such as by proving adultery or cruelty. • Prepare for trial if your spouse does answer your divorce petition. If you used a no-fault ground, the trial will only address issues of property division, support and custody of your children. Gather all documentation you can to prove the value of your assets and the extent of your debts and write a proposed parenting plan to address custody and time with your children. If you filed on a fault ground, be prepared to substantiate it, just as you would have to have done at a default hearing. In a trial, however, your spouse can raise defenses against your ground, such as that you condoned her behavior. If she’s successful, the judge won’t grant your divorce on that ground, and you’ll have to start over, filing a new petition and using a ground she can’t disprove. Signs You Definitely Need to Get Legally SeparatedIf you’ve been considering divorce, you may be wondering whether it’s the right decision. It’s normal to have doubts creep into your mind from time to time, but sometimes it’s necessary to take a step back and closely evaluate the situation. • You’d rather be alone: When you think about the possibility of being single again, you get downright giddy. In fact, you’re already picking outfits for future dates with your crush. If the thought of divorce gives you the giggles, you may want to turn that thought into action. • Your spouse’s touch makes your skin crawl: His or her touch gives you goose bumps but not in a good way. In fact, it feels like a thousand ants on your skin. This is bad real bad. In a loving, healthy relationship, you should be longing for caressing, cuddling, kissing, and all the wonderful things that come with being with someone you love. If this is not the case, you need to get to the bottom of why you are suddenly repulsed. This alone may not be reason enough to get divorced, but it does signal some serious trouble in paradise. • You cheated several times: If you or your spouse is getting some action on the side, it’s a clear sign that you have some serious issues. Once you’ve gone this far, your best bet is to take the next steps and file for divorce. You may also want to get checked for STDs while you’re at it. • You wouldn’t stay even if your partner changed: What is it that needs to change for you to feel good about staying in the relationship? If it’s an issue that can be easily resolved, you might be able to work through it together. If it can’t be resolved, a divorce might be in your future. Whatever you do, resist demanding that your spouse change, and don’t resort to making ultimatums. This behavior will likely cause your spouse to become defensive and do just the opposite of what you are requesting. • You don’t see a future with your spouse: In the next five years, you imagine a wonderful future full of success. You get to where you want to be in your career, you finally get up the nerve to move to a new city, and you are truly happy. However, your dreams don’t include your significant other. If you can’t see how your spouse fits into your life, do yourself a favor and find someone who does. • You just don’t care anymore: Your spouse did something that would normally make your blood boil, but now it doesn’t faze you. At this point in your relationship, you’ve checked out emotionally. If there is just no desire to work on your marriage, you’re pretty much done. It takes two people to make a marriage work. Either seeks counseling to see how you can make some needed changes or prepare to jump ship. • You have too much resentment: The root of every divorce, no matter if it involves adultery, growing apart, arguing a lot, or not being able to agree, stems from the larger root of resentment. At some point in any relationship, someone will harbor resentment for their significant other, which follows the common belief that love and hate is practically the same thing. Resentment can basically heighten throughout the relationship. The key to a successful relationship is to not harbor the resentment, but rather deal with it before it takes on a life of its own. If you or your spouse is feeling resentment, talk it out or consider couple’s counseling. • Marriage counseling hasn’t helped: Perhaps you’ve gone down this road with your partner before, and nothing has changed. Your needs are still not being fulfilled, and you’re still feeling like you’re better off alone. If you feel as if even the professionals can’t help you, then it might be time for a divorce. • You know your exact reason for a divorce: Take time to explore what it is about the marriage that is making you want to give up. What exactly is motivating your decision? “Whether you are unhappy or hopeless or too tired to keep trying, understanding your reasoning helps ground you in your decision. And the more that decision is grounded in you wanting something more or different and less about what your spouse did or didn’t do, the easier it will be to deal with the divorce, mourn the loss of this relationship, and move on • You got married to fix your problems: Just as having kids won’t fix problems that already exist in your marriage, getting hitched in the first place certainly won’t fix any underlying relationship issues either. Marriage won’t solve problems, such as feeling lonely and being unhappy. If you got married because you thought it’d solve your personal or relationship issues, it won’t be long before you realize it was too soon. In order to get a divorce in Utah, you don’t have to be legally separated first. You can simply file with the court without anyone’s consent, you can show the court: • That you do not know where your spouse is residing. • What you have done to locate them, such as contacting relatives and friends, searching the electoral roll, or enquiring with their employer. If you have an address for your spouse, or could locate them through friends or family this will reduce the costs of your divorce. The Benefits of Legal SeparationLegal separation is very similar to a divorce except for the fact that the marriage is not terminated. For some couples, it may be more beneficial to become legally separated as opposed to getting a divorce. Legal separation and divorce are very similar and they hold basically the same legal functions except for the fact that with a separation, you do not terminate your marital status. When a couple decides to become legally separated, it is not merely a verbal agreement. They can’t simply say that they are not in love anymore and one of them will move out of the family home. Instead, they must go through the same process as couples who wish to undergo a divorce. In a legal separation, the same issues will be addressed as in the termination of a marriage. The couple will have to sort out issues relating to asset division, property division, child support, child custody, visitation and spousal support payments (if there are any). The couple will also have to decide who will pay which debts as well. There are a number of reasons why parties choose this rather than divorce, and the reasons are usually personal. People can choose separation for religious reasons, personal beliefs, health insurance concerns, or other financial reasons. Oftentimes couples will decide to remain married for one of two reasons: either for the sake of their children, or for a financial reason. For example, if a non-employee spouse has a pre-existing medical condition or some other serious medical condition; they may need to stay on their spouse’s medical insurance so they can keep getting necessary medical care. In some cases the couple may need to remain legally wed until they reach the ten-year deadline for certain Social Security benefits. This holds true for the ten-year deadline for military enforcement advantages or, the twenty-year deadline for PX and commissary benefits. There is another substantial benefit and reason why people choose legal separation and it has nothing to do with health insurance or money. They may be unsure if they really want to end their marriage; therefore, the time apart offers them a cooling off period where they can have time to think about what they really want. They may realize that they really do love each other, and later decide that they want to get back together. It’s a lot easier to get back together after legally spending time away from one another as opposed to having to go through the process of remarrying. Religion and culture can play a significant role in why couples decide to separate instead of divorcing altogether. In certain religions, divorce carries a negative stigma that many couples wish to avoid. With legal separation the couples can enjoy all the material benefits of a divorce without having to deal with the negative stigma attached. Separation does not allow for remarriage unless the marriage is terminated through a divorce, but it can be assumed that people who part for religious reasons don’t plan to remarry anyway. In many cases it is more affordable for the spouses, especially when the dependent spouse relies heavily on their spouse for medical insurance. When you factor in the quality of life enjoyed through the marriage, along with how much money it would cost for the dependant spouse to take out their own medical coverage (similar to what their spouse has been carrying), then it can be reflected in the alimony payments. Sometimes it is less expensive and allows the dependent spouse to remain on the health insurance, as opposed to paying them larger alimony payments, thus saving the expense for both parties. Getting a separation in Utah does require some legal paperwork and going through the court system. The same as in a divorce, you want to have a qualified attorney representing your best interests when handling important matters such as child custody, child support, asset division, property division and possible spousal support payments. If you would like to enjoy the benefits of a legal separation, contact a skilled and knowledgeable divorce attorney without delay! Legal Separation In Utah Free ConsultationWhen you need legal help with a separation in Utah, please call Ascent Law LLC (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
Can Infidelity Affect Alimony? What Are Four Positive Outcomes Of Estate Planning? via Michael Anderson https://www.ascentlawfirm.com/why-should-i-get-a-legal-separation-in-utah/ A loan modification is a response to a borrower’s long-term inability to repay the loan. Loan modifications typically involve a reduction in the principal balance, interest rate or an extension of the length of the term of the loan. A lender might be open to modifying a loan because the cost of doing so is less than the cost of default or foreclosure. A loan modification agreement is different from a forbearance agreement. A forbearance agreement provides short-term relief for borrowers who have temporary financial problems, while a loan modification agreement is a long-term solution for borrowers who will never be able to repay an existing loan. Loan modification is a relatively new term to most homeowners. What most people are coming to realize is that losing their house to foreclosure is becoming a real possibility. Home foreclosure in America today is at an all time high and is affecting many homeowners that never believed they could lose their home to foreclosure. Homeowners are feeling the crunch of higher interest rates and a slowing economy. A loan modification may be the only way for a homeowner to save the biggest investment of their life; their home. Negotiating with the bank for a modification of your home loan can be an overwhelming process for many homeowners. That is why retaining the services of an experienced loan modification company is of extreme importance. The reality of today’s market is one of steep drops in real estate values nationwide coupled with tighter credit requirements. The combination of the two makes a formidable opponent for someone facing an upcoming adjustment in their payments due to an adjustable rate mortgage (ARM). It’s not a good idea to take on your lender alone. In general, a mortgage loan modification is any change to the original terms of a loan. A loan modification is different from refinancing. Refinancing entails replacing your loan with a new mortgage, whereas a loan modification changes the terms of your existing loan. This could mean extending the length of your term, lowering your interest rate or changing from a variable interest rate to a fixed-rate loan. The terms of your modification are up to the lender and will depend on what’s best for the borrower. A modification ultimately results in lower monthly payments for the homeowner. Who qualifies for a loan modification?Not everyone struggling to make a mortgage payment can qualify for a loan modification. Hall says homeowners typically either must be delinquent for about 60 days, or they must be in imminent default, meaning they’re not delinquent yet, but there’s a high probability they will be. Homeowners usually must also demonstrate they’ve incurred a hardship, Hall says. This could be the loss of a job, loss of a spouse, a disability or an illness that has affected your ability to repay your mortgage on your original loan terms. Types of loan modification programsSome lenders and servicers offer their own loan modification programs, and the changes they make to your terms may be either temporary or permanent. Most servicing companies have programs designed to help borrowers who may be struggling to make their payments, driven by some of the hard lessons the industry learned during the housing collapse a few years back. in addition to modifications, offers some at-risk borrowers the ability to refinance to a lower rate at no cost, even if they haven’t endured a hardship. If your lender or servicer doesn’t have a program of its own, ask if you are eligible for any of the assistance programs that can help you modify or even refinance your mortgage. The federal government previously offered the Home Affordable Modification Program, but it expired at the end of 2016. Fannie Mae and Freddie Mac have a foreclosure-prevention program, called the Flex Modification program, which went into effect Oct. 1, 2017. If your mortgage is owned or guaranteed by either Fannie or Freddie, you may be eligible for this new program. The federal Home Affordable Refinance Program, or HARP, helped underwater homeowners refinance into a more affordable mortgage. This program is no longer available as of Dec. 31, 2018. Fannie Mae’s High Loan-to-Value Refinance Option and Freddie Mac’s Enhanced Relief Refinance replaced HARP. How to get a loan modificationIf you are struggling to make your mortgage payments, contact your lender or servicer immediately and ask about your options. The loan modification application process varies from lender to lender; some require proof of hardship, and others require a hardship letter explaining why you need the modification. It’s possible your lender will reach out to you about getting a loan modification. If you’re denied a modification, you’ll have to file an appeal with your servicer. Consider working with a HUD-approved housing counselor, who can assist you for free in challenging the decision and help you understand your options. Know before you modifyOne potential downside to a loan modification: “If the loan is being modified due to financial hardship, you may see a note about this added to your credit report, negatively impacting your credit score,”The result won’t be nearly as negative as a foreclosure, but could affect other loans you apply for in the future. Another thing to be aware of, he adds, is that depending on how your loan is modified, your mortgage term could be extended, meaning it will take longer to pay off your loan and will cost you more in interest. But for homeowners on the brink of losing their homes, the benefits of a loan modification can far outweigh the risks. How Loan Modifications WorkAlthough loan modifications may occur with all types of loans, they are most common with secured loans, such as mortgages. Lenders may agree to a loan modification through a settlement procedure or in the case of a potential foreclosure. In these situations a lender typically believes that the loan modification will provide substantial savings in comparison to a charge-off alternative. A loan modification agreement is different from a forbearance agreement. A forbearance agreement provides short-term relief for borrowers who have temporary financial problems, while a loan modification agreement is a long-term solution for borrowers that adjust the terms of a loan from its original obligations. Loan modification procedures typically include the support of legal counsel or a settlement company. Loan modifications will usually involve a reduction in the interest rate on a loan, an extension of the length of the maturity of the loan, a different type of loan or any combination of the three. Loan modifications are most common with secured loans, such as mortgages, and usually involve a reduction in the loan’s interest rate, an extension of its length of maturity, a different type of loan or a combination of these three aspects. Settlement companies are for-profit entities that work on behalf of a borrower to help reduce or alleviate debt by settling with creditors. Borrowers also commonly work with mortgage modification lawyers who can help them to negotiate a loan modification for a mortgage that is threatened with foreclosure. Mortgage Loan ModificationsMortgage loan modifications are common in the credit market since larger sums of money are at stake. During the housing foreclosure crisis that took place between 2007 and 2010, several government loan modification programs were established for borrowers. The Home Affordable Modification Plan (HAMP) was one leading program, introduced under the Making Home Affordable program; it, along with the Home Affordable Foreclosure Alternatives Program (HAFA), expired at the end of 2016 for new modifications. Current loan modification programs include those from the U.S. Dept. of Veterans Affairs, the Federal Housing Administration and Fannie Mae (which also offers disaster relief modifications). Traditional lenders may have their own loan modification programs as well. All of these programs typically require an application. Applying for a Mortgage Loan ModificationBorrowers and settlement parties can find information on mortgage loan modification programs through government-sponsored websites. A mortgage loan modification application will include a borrower’s financial information, mortgage information and specific details on their hardship situation. Each program will have its own qualifications and requirements. Qualifications are typically based on the amount the borrower owes, the property being used for collateral and specific features of the collateral property. When a borrower has been approved for a specific program, the approval will include an offer with new loan modification terms. As a general rule, you tend to modify a loan when your credit is bad enough that you can’t refinance the loan – so your lender changes the terms of how you’re borrowing for this current loan, so you can get back on your feet and continue paying off the loan. This almost always means that while your payments may become lower, the length of your loan stretches out much further. Individuals and families who otherwise are unable to purchase a home because of insufficient funds for a down payment and closing costs may still become homeowners by using Utah Housing. The following are important things to know when applying for Utah Housing: • Your total gross household income must fall within the income limit restrictions. These limits vary by county In Utah, all mortgage loan originators must be licensed at the state level. The licenses are regulated and supervised by the Utah Department of Financial Institutions (DFI). The license application process for mortgage entities and loan originators is managed by the Nationwide Mortgage Licensing System (NMLS). The NMLS system allows mortgage broker companies and individuals to apply, update, and renew licenses online. In the state of Utah, there are two main types of licenses: Company and Individual. Each license type depends on the work you wish to perform. All license applications must be submitted online through NMLS. Please note that some agency-specific documentation, such as the surety bond, must be sent directly to DFI at Utah Department of Financial Institutions Passing an exam is obligatory for some, but not all license types. In Utah, in order to obtain a Mortgage Loan license, you must complete a pre-licensure course and pass an examination. To enroll for the MLO test you must complete at least 20-hours of an NMLS-approved education course. After completing the pre-licensure course, you can enroll and pay the exam fee via NMLS. You can schedule an exam date either through NMLS or by contacting the exam administrator Prometric .The NMLS testing page provides more information on how to schedule, prepare, and take the Mortgage Loan UT Mortgage Broker Bonds Loan Modification Attorney Free ConsultationWhen You Need a Loan Modification, Please Call Ascent Law LLC 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
Can The Executor Of A Will Take Everything In Utah? via Michael Anderson https://www.ascentlawfirm.com/how-does-a-loan-modification-work/ One of the hardest times for any family is when a major pillar of the household has fallen through demise or being incapacitated. It is even harder when the particular individual has left wealth or estates unplanned for the descendants. This leads to squabbles among family members who each feel entitled to a part of the cake and so it is crucial that proper estate planning is done using a very good lawyer. Some of the benefits of estate planning include: • Peace For Everyone: This is perhaps the most important aspect of estate planning, something that a good lawyer well insists on. Ensuring that you have planned your wealth when it comes to inheritance ensures that you not only have a peace of mind but that there is peace in your family. This is of more value than the wealth itself working towards maintaining relationships. Peace in the family ensures that people are able to work in contentment even after you are gone. • Having Goals Met: One of the many options when it comes to estate planning is creating a living trust that is flexible enough to have your goals met. It is an ideal time to ensure that some of the unfinished tasks in the family are done on your part. A living trust allows you to stipulate the conditions of an inheritance and provides a clause that only when a certain task, e.g. education, is fulfilled, can a person have access to wealth from the deceased. This allows you as the person making the will to have the upper hand when it comes to safeguarding the interests of the family as well as your own. The attorney has absolute power in making sure that the obligations are met before any part of the estate in disbursed to the mentioned successors. • Best Decision-Making: Estate planning allows you to make very good decisions concerning your property since an estate planning lawyer is involved. It is the duty of the lawyer to take the client through all the available options and finally recommend the best for execution. • Ensuring Growth in Posterity: This is also one of the best ways to ensure that your property is used and run by capable persons. A will like the living trust allows you absolute power to put a well capable person in charge of the estate in case you are not available in any way. It also ensures that you have total control of who gets the property. There are four main elements of estate planning, which include drawing up a will, a living will and healthcare power of attorney, a financial power of attorney, and in some cases, a trust. WillsA will outline your wishes for the assets that you own at your passing. It allows you to name the people to whom you wish you give these assets, and without one, your assets will immediately go to your first family member. Having a will in place will give you peace of mind knowing that your assets (including electronic) are going to whom you want them to and knowing that your financial affairs are in order. It will also mitigate the risk of an administrative mess for those left behind. Be sure to discuss your plans with your heirs and to alleviate any issues or disagreements sooner than later. Healthcare Directive and Living WillA Healthcare Power of Attorney (HPOA) is a signed legal document in which you name a single person as your healthcare decision maker in the event that you can’t make decisions yourself. A living will, also known as an advanced medical directive, outlines your wishes regarding medical care in the event that you are incapacitated, terminally ill, or unable to communicate. This is a statement of your wishes as they relate to decisions about life support and any kind of life-sustaining medical intervention that you want or don’t want. Financial Power of AttorneySimilar to the Healthcare Power of Attorney, a Financial Power of Attorney outlines who you want to make your financial decisions on your behalf should you become incapacitated. Without this document, no one will have the authority to step in and handle bill-paying, investment decisions, and other financial matters. You don’t want these things left up to the courts; therefore it’s imperative to give that authority to the person that you select. Like the Healthcare Power of Attorney, it’ best to get this document at the same time as your will. Or, if you have any discomfort in having your parents or spouse make all financial decisions for you, immediately. Online is suitable for a basic document, but if you have specific requirements that require detailed documentation, it’s best to see an estate attorney. TrustA trust is a legal entity that can own your assets (while living or at death) and be controlled based on your wishes outlined in the legal document that created the entity. For example, a trust would allow you to dictate how you wanted your child to benefit from your assets throughout his or her life. You may want to stipulate that they are used in a certain way or received at a certain time. A trust is a way to protect assets from being used in a way that you would not see fit if you were in control of them. There are several advantages to having a trust; however, it is not necessary unless you are worried about the oversight or care of your assets at your passing. Ultimately, you are trusting your heirs to manage and use your assets properly should you pass away. If you have a sizeable insurance policy or estate or children, a trust is worth discussing with an attorney to determine the right parameters and language for your situation. • The goal is to help educate you on the benefits of estate planning and give you a better idea of why you should get your estate plan taken care of as soon as possible. • Provide For Your Family: Without an estate plan in place, your family will get less and it will take them longer to get it. This means your loved ones will be left in limbo and might end up without enough money to pay bills and other living expenses. It’s not uncommon for families with an unexpected death to nearly fall apart due to the financial strain in the weeks, months, and years to come. Good estate planning will make sure that your family is provided for and not left to face financial ruin once you’re gone. • Keep Your Children Out Of The Department of Child And Family Services. • Minimize Your Expenses: Do you know where most of the money goes when people don’t have a good estate plan? Attorney’s fees and court costs. When you die without an estate plan (and without a living trust, in particular) the courts are forced to handle everything: the distribution of your property, the guardianship of your children, the dissolution of your business. This is known as “probate,” and it gets very expensive — easily exceeding $10,000 for even modest estates. That’s money your family and kids could’ve used for living expenses and other bills, but instead it’s just lining the pockets of your attorney. • Get Property To Loved Ones Quickly: You have two options here. • Save Your Family From The Difficult Decisions: Can you imagine trying to decide when to pull the plug on your spouse who is in a coma or similar condition? Or deciding how his or her remains should be handled? Those are heart breaking decisions that no one should have to face. You can ease this burden by thinking about this kind of thing in advance and planning ahead for it. You can specify in your estate plan how you want end-of-life care to be handled and what kind of disposal arrangements you want made for your remains. And there’s no one better to make those decisions than you. • Reduce Taxes: Every single dollar that you pay in taxes is one less dollar that your family will have for paying bills and other expenses. There are numerous tax reduction strategies that you can use to keep as much money in the hands of your family as possible. The key is to start tax planning sooner rather than later and definitely not to wait until it’s too late. • Make Retirement Easier: You might be surprised to hear that estate planning can actually benefit you while you’re alive, not just your families after you’re gone. Healthcare in particular is an area where estate planning can benefit you enormously down the road by making sure you’re eligible for government benefits like Medicare (that you’ve been paying into most of your working life anyways, so you might as well get something back), that can significantly reduce your healthcare costs and leave more money to your loved ones. • Plan For Incapacity: Estate planning is not just about death. It’s very common for people to become incapacitated by an accident or sudden medical episode like a stroke that leaves them unable to manage their financial affairs. If this happens to you, who will take care of paying your bills or managing your healthcare? A power of attorney designation for both financial and healthcare decisions can save your family a lot of time and money and make sure everything is handled according to your wishes. • Support Your Favorite Cause: You might have heard that Mark Zuckerberg (the founder of Facebook) decided to join Bill Gates and Warren Buffet in leaving the vast majority of his fortune to charity instead of his family. Even though you don’t have billions of dollars to leave to charity, you can still make a difference by supporting your favorite educational, religious, or other charitable cause. Even if it’s just a hundred dollars, that money can help others and make a difference in their lives. • Make Sure Your Business Runs Smoothly: If you are a small business owner, then you absolutely must have an estate plan. It’s one of the most important things you can do and is really not optional. Without one, your business will likely fall apart quickly and completely if something happens to you, and that can cause incredible financial hardship on your family. You have the opportunity to provide for an orderly transition to someone else and continue the business by spelling out what happens if you become disabled or die. Don’t do a disservice to your family by leaving these kinds of ends untied. It seems like many people devote more time to planning a vacation, which car to buy, or even where to eat dinner than they do to estate planning deciding who will inherit their assets after they’re gone. It may not be as fun to think about as booking a trip or checking out restaurant reviews, but without estate planning, you can’t choose who gets everything that you worked so hard for. Estate planning isn’t only for the rich. Without a plan in place, settling your affairs after you go could have a long-lasting and costly impact on your loved ones, even if you don’t have a pricey home, large IRA, or valuable art to pass on. Advanced Estate PlanningAdvanced estate planning—something more than a simple will or basic living trust can be critical for people with valuable, taxable estates. It goes above and beyond a basic foundation and provides options for minimizing or even eliminating estate taxes. Advanced estate planning can be used to perpetuate family values and protect assets for the benefit of future generations. Advanced Estate Planning Can Reduce Estate TaxesYou can reduce or even eliminate estate taxes by gifting assets into an irrevocable trust for eventual transfer to your beneficiaries or even to charities. But the trust must be irrevocable. A simple revocable trust will allow your estate to avoid probate, but the Internal Revenue Service takes the position that you still own the assets you place into such a trust. You can revoke the revocable trust entity and take the assets back at any time. You remain in control of them. Not so with a more advanced irrevocable trust. Placing assets in an irrevocable trust is a permanent decision. You’re relinquishing ownership. Someone else not you must act as trustee. But if you can’t control them and you don’t legally own them at the time of your death, they don’t contribute to your taxable estate. It doesn’t have to be an all-or-nothing deal. If you own some significantly valuable assets that you know you want to transfer to a certain beneficiary, you can place them alone into an irrevocable trust and maintain control over your other property. Many states allow trusts to continue for hundreds of years or even into perpetuity so you can establish dynasty trusts for their current and future family members. You can also create a legacy in your community by setting up charitable trusts or a private foundation that will provide a self-perpetuating endowment for years to come. Estate Planning Attorney Free ConsultationIf you are here, you probably have an estate issue you need help with, call Ascent Law LLC 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
How Can I Avoid A DUI Conviction? Can The Executor Of A Will Take Everything In Utah? via Michael Anderson https://www.ascentlawfirm.com/what-are-four-positive-outcomes-of-estate-planning/ Infidelity is only 1 factor that the court may look at when it comes to alimony awards. It is not the only factor. There are other factors the court will consider. Infidelity as a violation according to the subjective feeling that one’s partner has violated a set of rules or relationship norms; this violation results in feelings of anger, jealousy, sexual jealousy, and rivalry. What constitutes an act of infidelity depends upon the exclusivity expectations within the relationship. In marital relationships, exclusivity expectations are commonly assumed, although they are not always met. When they are not met, research has found that psychological damage can occur, including feelings of rage and betrayal, lowering of sexual and personal confidence, and damage to self-image. Depending on the context, men and women can experience social consequences if their act of infidelity becomes public. The form and extent of these consequences are often dependent on the gender of the unfaithful person. One measure of infidelity among couples is the frequency of children secretly conceived with a different partner, leading to non-paternities. Such covertly illegitimate children amount to about 1–2% of newborns in studied populations. Why Infidelity HappensThe term cheating is one that elicits cringes of fear, gasps of horror. Most likely you imagine that a partner in a committed relationship had sexual intercourse with someone outside of their relationship. But cheating can look like many things to many people. To some it may indeed refer to sexual intercourse only. To others it could be anything from an emotional attachment to another, fantasies of other partners, a kiss. Rather than use the term cheating here, something that makes me think more of copying someone else’s answers on a test and less about who you share your body or heart with and when. Therefore, Infidelity as any action that violates an implicit or explicit agreement between two people thereby is undermining the relationship. The action may be physical or emotional in nature. Dishonesty is often but certainly not always part of an infidelity. To most couples, infidelity signifies a crisis, and they come in flooded with emotion and fairly deregulated. The infidelity sits in the room like another person or an object that was propelled into the scene like a bomb, ravaging lives. Life becomes polarized into before’s and after’s. Some can repair the damage done; turn an infidelity into an opportunity for growth and reconnection. And some can’t, the loss of trust being irreparable for one, the continued anger and blame intolerable for the other. Everything has a price especially in affairs of the heart. Sometimes you pay in dollars. Sometimes you pay in emotional turmoil. Often you pay in both. For better or for worse, alimony, infidelity and divorce are often hopelessly intertwined. Emotional Price of AdulteryIt goes without saying that having an affair can destroy your marriage. While plenty of couples rebound from infidelity, just as many (probably more) don’t. A spouse’s affair is often the death knell for a marriage. Even in those marriages that survive an affair, a spouse’s cheating destroys the trust that formed the foundation for the relationship. While that trust can be rebuilt, most couples don’t have the stomach or the stamina to try to do so. That’s especially true if their marriage was flagging long before the affair took place. But, adultery does more than just devastate your marriage, and your heart. When adultery leads to divorce, it wreaks havoc on your finances too. Fortunately or unfortunately depending upon which side of the affair you’re on marital infidelity doesn’t have nearly as big of an impact on the financial side of divorce as it once did. Legal Price of AdulteryHistorically, adultery is one of the oldest grounds for divorce. In many countries, adultery was punishable by death. Adultery still is punishable by death in several countries in the Middle East and Africa. It is also still a crime in many states in the United States. But, adultery is rarely, if ever, prosecuted any more. In addition to being a crime, adultery may also form the basis for civil lawsuits in many states. Again, however, such cases are rarely pursued today. When they are pursued, they are even more rarely successful. In today’s world, the place where adultery has its biggest effect is in divorce. Yet, even that effect is waning. When divorce was based on “fault,” proving your spouse was unfaithful was often the key to getting a divorce. If both spouses were faithful, the law didn’t allow you to get divorced, no matter how miserable you were. (That is, of course, unless you could prove that your spouse had done something else that warranted divorce like subjecting you to mental or physical cruelty.) But now that “irreconcilable differences” is recognized as a ground for divorce, you no longer have to catch your spouse in the act in order to end your marriage. Yet, adultery still plays a significant role in divorce. Effect of Adultery on DivorceWith the advent of no-fault, seeking a divorce based upon adultery became less and less common. While scorned spouses still may get emotional satisfaction from filing divorce papers that publicly proclaim that their spouse cheated on them, there is little legal reason to pursue that kind of claim. Infidelity generally has no impact on custody, child support, or parenting time at all. The only time a spouse’s affair will affect the kid issues in divorce is when the affair itself directly affected the kids. Dissipation Of Marital AssetsDissipation is a legal concept that means that one spouse spent marital money for a non-marital purpose. Translated, that means that one spouse spent money on his/her affair partner. While going after your spouse for all the money she/he spent on someone else sounds totally fair, in practice, proving dissipation can be tedious and expensive. Even when your state provides that, once you allege dissipation, your spouse must prove that he didn’t dissipate marital assets. Dissipation is still a tricky legal issue. It often requires you to spend days scouring credit card bills and sifting through boxes of old receipts. Of course, if your spouse has been living a double life for years, the dissipation in your divorce can be significant. The same thing is true if your spouse started living with his/her “sweetie” long ago. In those kinds of cases, proving dissipation can be well worth the effort. Alimony, Infidelity and DivorceThe one aspect of divorce in which your spouse’s infidelity can still have a sizeable impact is in the area of spousal support. Even still, the impact that it has is still way less than what it had in the past. In a little less than half of the states, your spouse’s misconduct (i.e. adultery) has no impact on alimony whatsoever. It doesn’t affect whether your spouse has to pay alimony, how much s/he has to pay, or how long s/he has to pay it. In a very small number of states, your spouse’s adultery has a huge impact on alimony. Most states, however, consider adultery only as one factor in the decision of whether to award alimony. The laws in several of those states specifically state that alimony cannot be used to punish an adulterous spouse. The adultery is simply one of many factors a court may or may not decide to consider when deciding whether to award alimony. Adultery as Legal Ground for DivorceIn Utah, divorcing spouses may seek a “no-fault” divorce or a “fault” divorce. In a “no-fault” divorce, the filing spouse only needs to show that the marriage has been “irretrievably broken” for at least six months. This basically means that the couple can’t get along anymore and are unable to remain married because of their differences. Causes and Risks of Why Married People CheatThere are many reasons why married people cheat. Upwards of 40% of married couples are impacted by infidelity, and despite the high percentage, most people even those who stray will say that cheating is wrong. Risk factors such as personality disorders and childhood issues, as well as opportunities such as social media and poor boundaries, can increase the chance that one of these reasons will actually lead to some type of affair. Frustration in the marriage is one common trigger; the cheater may make several attempts to solve problems to no avail. Maybe they had second thoughts about getting married or they were jealous over the attention is given to a new baby and neither had the skill set to communicate these feelings. Perhaps the straying spouse has childhood baggage neglect, abuse, or a parent who cheated that interferes with his or her ability to maintain a committed relationship. Less often, the cheater doesn’t value monogamy, lacks empathy, or simply doesn’t care about the consequences. Motivations Differ by SexMen are more likely to have affairs than women and are often seeking more sex or attention. Men express their love in a more physical way they often don’t have the perfect feeling words for their wives. So sex becomes an important path to connection and intimacy. If men aren’t sexually satisfied (for instance, if their spouse declines sex often), they take that rejection to heart, and it can easily translate to feeling “unloved.” In fact, men are more likely than women to cheat due to a feeling of insecurity. When women cheat, they’re often trying to fill an emotional void. Women frequently complain of disconnection from a spouse, and of the wish to be desired and cherished. Women are more likely to feel unappreciated or ignored, and seek the emotional intimacy of an extramarital relationship. An affair is more often a “transitional” partner for the woman as a way to end the relationship. She is seriously looking to leave to her marriage and this other person helps her do just that. That’s not to say that sexual satisfaction isn’t a primary driver of affairs for wives as well as husbands. In one study of men and women who were actively pursuing or involved in extramarital affairs, both genders said they were hoping to improve their sex lives because they felt their primary relationship was lacking between the sheets. Similarly, boredom with the marital relationship may lead both men and women to cheat. Causes and Risk FactorsThere’s a myriad of reasons or causes why men or women may engage in an extramarital liaison, but certain risk factors either with one of the individuals or the marriage as a whole increasing the odds it will happen. Risk Factors With an IndividualThe general rule is that it takes two, or in this case, to mess up their marriage with an affair, but there are certainly exceptions. Individual factors that may increase the chance of infidelity include: Alimony Divorce Attorney In Utah Free ConsultationWhen you need legal help with a divorce case in Utah, please call Ascent Law LLC (801) 676-5506 For Your Free Consultation. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
How Can I Get A Loan To Stop Foreclosure? Divorce Lawyers Salt Lake City Utah via Michael Anderson https://www.ascentlawfirm.com/can-infidelity-affect-alimony/ Filling in as the executor of somebody’s last will and confirmation can be a respect and the most unnerving knowledge of your life simultaneously. By definition, an executor is endowed with the huge obligation of ensuring an individual’s last wishes are conceded concerning the attitude of their property and assets. When it comes down to fundamentals, an executor of a will is in charge of ensuring that any obligations and leasers that the expired had are satisfied, and that any residual cash or property is disseminated by their desires. In spite of the fact that the law doesn’t require an executor to be a legal counselor or monetary master, it requires than each executor satisfy their obligations with the most extreme trustworthiness and steadiness. The legitimate term for this prerequisite is a “guardian obligation,” which holds the executor to act in compliance with common decency concerning an individual’s will. An executor is an individual selected to control the bequest of a perished individual. The executor’s primary obligation is to complete the guidelines and wishes of the perished. The executor is selected either by the deceased benefactor of the will (the person who makes the will), or by a court, in cases wherein there was no earlier arrangement. The executor is in charge of ensuring all benefits in the will are represented, alongside moving these resources for the right party (parties). Resources can incorporate budgetary possessions, for example, stocks, securities, or currency advertise ventures; land; direct speculations; or even collectibles like are. The executor needs to gauge the estimation of the domain by utilizing either the date of death esteem or the elective valuation date, as gave in the Internal Revenue Code (IRC). The executor additionally needs to guarantee that every one of the obligations of the perished are satisfied, including any duties. The executor is legitimately committed to meet the desires of the perished and act in light of a legitimate concern for the expired. The executor can be nearly anybody however is generally a legal counselor, bookkeeper or relative, with the main limitation being that the person in question must be beyond 18 years old and have no earlier lawful offense feelings. Executors are key in domain getting ready for people and their families and recipients. Domain arranging is a sweeping term that spreads how a person’s advantages will be saved, overseen, and conveyed after death. It likewise considers the administration of this current person’s properties and monetary commitments (for example obligations) if s/he winds up crippled. People have different purposes behind arranging a home, including safeguarding family riches, accommodating enduring companions and youngsters, financing kids and additionally grandkids’ instruction, or abandoning their heritage to a magnanimous reason. The most essential advance in bequest arranging includes composing a will. Other significant bequest arranging errands include: • Constraining bequest charges by setting up trust accounts for the sake of recipients It’s a significant activity, and truly, an executor is normally qualified for installment. The amount she may be paid relies upon the state wherein the decedent has kicked the bucket and where the will is being probated. Numerous individuals incorporate arrangements for their executor’s remuneration in the details of their wills. Courts normally respect these arrangements in the event that they don’t go against state law, and state law dominates if the will is quiet as to installment. As a down to earth matter, numerous executors who are firmly identified with the decedent forgo installment, especially when they’re recipients under the terms the will and when the home isn’t convoluted. The executor’s installment leaves the home, diminishing the sum that is left over for recipients. What’s more, installments for administrations rendered speak to assessable pay to the executor, while money legacies for the most part aren’t assessable, in any event not at the government level. Much of the time, it can bode well for the executor to swear off installment and acknowledge a to some degree bigger legacy. Not all domains require every one of these means, and some especially confounded bequests may require extra work. This is an essential diagram of what the activity can involve. Counsel with a bequest lawyer in the event that somebody has requested that you go about as executor to discover precisely what will be expected of you in your state. When the domain has been opened for probate in the Utah district where the decedent lived, the executor who is named in the will is selected by the probate court. At the arrangement or before long, the court issues letters testamentary. Letters testamentary are duplicates of a one-page archive expressing that the executor has expert to follow up for the benefit of the decedent with respect to settling the domain. The letters testamentary enable the executor to give confirmation that he has the ability to follow up for the perished benefit. The executor gets letters testamentary when he officially acknowledges the situation recorded as a hard copy. In the event that the decedent passed on without a will, the court chooses an agent who should likewise acknowledge the arrangement recorded as a hard copy. Regardless of whether a will is 30 years of age and the greater part of its recipients have kicked the bucket, if that is the latest form, that is the one that should be recorded and pursued. On the off chance that there is no will, the executor of the bequest must appeal to the court to announce the home “intestate.” all things considered, you’ll need to pursue state laws to decide legitimate beneficiaries before settling a domain. Finding resources can transform into a scrounger chase. We’ve worked with customers who had no clue about a portion of the advantages their folks claimed, incorporating property in different states, costly gems covered up in the bogus base of a trunk, and long-overlooked bonds now worth a little fortune. You should discover and report everything the decedent claimed, in such a case that something turns up later—after probate closes—you could need to plunge once again into more administrative work. The watchwords here, however, are “verifying” and “safeguarding.” Once you’ve found everything and made a total stock of advantages, it’s your legitimate obligation to verify the benefits so they aren’t lost or stolen, and that they keep up their incentive between the season of the demise and when probate at long last settles a domain. Until probate settles, you should deal with the funds of the bequest as though it were a different business. This is the place we’ve seen an excessive number of individuals hazard executor wrongdoing by blending cash from the domain with different assets. You additionally should gather any obligations owed to the decedent, including back pay, annuity pay or Social Security that was expected at the season of the passing. Executors must document bequest duties and individual annual charges for the decedent. The majority of this bequest bookkeeping will in the long run be documented with the court. Additionally state of Utah enable home executors to get “sensible” installment from the domain for their administrations, however here’s the trick—you don’t get the opportunity to choose what’s sensible. The court will choose for you, and your record-keeping must be trustworthy. We’ve seen customers pay their own bills out of the bequest’s records and give themselves liberal rewards for the hours they’ve put in. This is clear executor offense. Keep in mind, it’s not your cash. Everything has a place with the domain, and each dime you spend should be endorsed by the court. In fact, circulating resources is the essential occupation of an executor, yet these different advances must be finished before this can occur. Where we’ve seen executors kept running into inconvenience is the point at which they make dispersions too soon or in the off-base request. Despite what’s in the will, lenders have top need with regards to getting resources from the domain. Be that as it may, not all loan bosses are equivalent. Each state has its very own need positioning (obviously, Uncle Sam is for the most part at the top). On the off chance that an executor of a bequest neglects to appropriate dependent on the right need, the executor may need to compensate for any shortfall with their very own cash. Simply after all banks are paid should an executor disperse any outstanding resources for recipients—and after that just to named recipients (or legitimate beneficiaries if there is no will). It’s enticing to give a touch of something to relatives or companions who were near the decedent, yet on the off chance that they aren’t named as recipients, anything you dispense outside of the will could wind up leaving your very own pocket. Notwithstanding the issue, however, there’s one law each executor ought to pursue: When in uncertainty, inquire. Check with the probate court before paying out any cash, and if the home is especially convoluted you might need to acquire a probate master. That can spare you a great deal of migraines—and a ton of cash—not far off. Normally The Utah probate code names the beneficiaries of individuals who kick the bucket without a will. These are known as the Utah “laws of intestacy.” The property will go to a life partner who is the main survivor. On the off chance that the perished is made due by a life partner and kids who are all from the companion, the mate is the sole beneficiary. On the off chance that the expired is made due by a mate and at any rate one youngster who isn’t from the mate, the mate gets the first $75,000 and the a large portion of the parity, with half of the parity setting off to the offspring of the perished. In this last case, the law requires a probate court to include every other exchange which go outside the probate (for instance, in joint tenures, shared services, or in a trust) for the reasons for making the counts. On the off chance that the perished leaves neither a mate nor a youngster, Utah intestacy laws characterize the closest relative – relatives (grandkids, incredible grandkids) first, at that point guardians, at that point siblings and sisters, at that point different relatives of the guardians, at that point different relatives. In spite of an exceptionally regular conviction, the property isn’t relinquished to the state. Utah intestacy laws will locate a relative (“closest relative,” anyway remotely related they might be. Additionally a legal advisor can’t charge a rate expense dependent on the advantages of the bequest for recording and overseeing an Utah probate. Our Utah probate attorneys and different legal counselors now and again consent to rate expenses (no charge except if resources are gathered) in probate related claims to recuperate or gather resources of the home, win illegitimate passing cases and different claims including misuse and money related abuse claims In contrast to numerous states, Utah does not force exceptional prerequisites on executors who live out of state. Be that as it may, that doesn’t mean it’s a smart thought to delegate somebody who lives far away. For commonsense reasons, it’s typically best to name an executor who lives close you. Your executor may need to deal with everyday issues for quite a long time, months, or at times longer. Executor Of A Will Lawyer Free ConsultationWhen you need legal help as an executor of a will or as a personal representative, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.
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What To Do After A Slip And Fall Accident? How Can I Get A Loan To Stop Foreclosure? Estate Planning Attorneys Utah via Michael Anderson https://www.ascentlawfirm.com/can-the-executor-of-a-will-take-everything-in-utah/ |
Rogelio MillsSpent the 80's lecturing about love for the underprivileged. Enthusiastic about getting my feet wet with circus clowns in Orlando, FL. Spent a weekend developing strategies for saliva for the government. Archives
April 2023
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