It is typically very difficult to challenge a will. You most certainly should talk to a Will Contests Lawyer about your situation. Approximately 99 percent of wills pass through probate without issue. Wills are seen by the courts as the voice of the testator, the person who wrote the will. Since that person is no longer here to speak about his or her wishes, the courts stick pretty stringently to the will. Anyone who may have an interest to gain from the will can challenge a will. The most successful challengers are usually the spouses, and the most successful grounds are that the person lacked testamentary capacity or that the person was unduly influenced or persuaded to write the will a certain way. If you challenge a will and are successful, it can be voided in its entirety or just in part. Sometimes, a prior provision, such as from a previous will can be reinstated. If the entire will is voided, the court will distribute the property as if no will had ever existed. This distribution follows intestacy laws, and is guided by familial relationships. This article outlines the grounds on which one can challenge a will. Testamentary CapacityThe law requires that only adults 18 years of age or older have the capacity to create a will. Minors lack the capacity to form a legal will. However, in some jurisdictions, minors who serve in the military or minors who are married are given the right to make a will. Adults are presumed to have testamentary capacity. When litigation arises that challenges an adult’s testamentary capacity, it is usually on the basis that the adult has senility, dementia, insanity, was under the influence of a substance, or in some other way lacked the mental capacity to form a will. Basically, to challenge a will based on mental capacity, you must show that the testator (the person who created the will) did not understand the consequences of making the will at the time of the will’s creation. More specifically, the person must understand:
Fraud, Forgery, and Undue InfluenceYou can challenge a will by showing that the will was procured by fraud, forgery, or undue influence. This usually involves someone manipulating a vulnerable person into leaving all or much of the property to the manipulator. The term “undue influence” merely means that the person lacked the free will to bargain because of the manipulator. Another Will Trumps the One Being ExecutedIf the executor is trying to carry out the provisions of an outdated will, the newer will can trump this older will. Typically, there are requirements to destroy the older will. It is best to always destroy or show an intent to void any outdated will, should one decide to change or update his or her will. Many people even state in the new will that the will is intended to trump and/or void out the previous will. This is why dating the will documents is so important. The court’s interest is to fulfill the wishes of the testator. If a valid legal will surfaces that is dated more recently than the will being executed, the court is likely to follow the newer will. Sufficient and appropriate witnessesA typed hard copy of the will must be dated and signed by the testator in the presence of at least two adult witnesses. Vermont requires three witnesses. Most states require that the witnesses not be people who are named as heirs in the will. If in one of these states, a witness is named in the will, his or her gift may be voided, but not the rest of the will. About half of the states do allow handwritten, unwitnessed wills. These are called “holographic” wills and they must be written and signed entirely in the testator’s handwriting, and in some states, they must be dated. Holographic wills are the easiest wills to challenge, because there are no witnesses. In the case of a holographic will, the court must be convinced that the entire thing is in the testator’s handwriting and that it was created to serve as a will of the testator. The Will’s ProvisionsEach state has its own laws about what a valid legal will must contain. Most states require that the will:
Self-proving affidavitThere is no requirement that a will should be notarized. However, many people include a “self-proving” affidavit in their wills. This is a sworn statement that the witnesses sign in front of a notary public, which relieves the witnesses of having to come to court later to swear to the validity of the will Residence of the testatorAs long as the will was valid and legal according to the laws of the state where the testator had his or her permanent home, then the will is valid in any state where the testator dies. For example, Sam has a vacation home in Florida, where she spends about four weeks out of the year. She also has business offices in New York and California, where she frequently visits to conduct business, but never spends any long length of time. Sam owns a home in Illinois. This is where she spends the majority of her time, has her primary mail sent, is registered to vote, and her children live and attend school. Sam created a valid legal will in Illinois, according to the laws of Illinois. A few years later, Sam passes away while vacationing at her Florida home. Her oldest daughter and executrix, Edna, had just moved into Sam’s Florida vacation home, and decides to settle the will there. Yvette, Sam’s youngest daughter wants to challenge the will, based on residence. Yvette is claiming that because Sam’s residence was Illinois, the probate laws of the two states are different, and that Sam created the will in Illinois, the will is not valid in Florida. Yvette will probably not be successful. Even though the will does not meet the requirements of Florida’s will laws, it was completely legal and valid when created in Illinois, Sam’s state of residence, and therefore, is completely valid and legal in Florida, where Sam passed away. Free Consultation with a Utah Estate and Trust AttorneyIf you are here, you probably have an estate issue you need help with. If you do, please call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Utah Dissolution and No Fault Divorce in Utah via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176322340771
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The State of Utah takes child support seriously and makes every effort to help custodial parents collect the child support payments owed to them. Anyone with questions about Utah child support payments and enforcement can get answers at the Office of Temporary and Disability Assistance website. The guidance of a knowledgeable attorney is crucial in these matters. The Utah Child Support Standards Act, known as the CSSA, governs child support guidelines across the state. There is basic child support, which is based on the first $130,000 of combined parental income, as well as incomes exceeding $130,000. There are add-ons for unreimbursed medical expenses and childcare. Child support formulasFor parents with combined incomes under $130,000, the CSSA applies the following statutory percentages:
The share of this child support is based upon the percentage of total income each parent earns. A parent who earns three-fifths of the combined income is responsible for three-fifths of the child support. There are also ten factors listed in the CSSA that the Court can consider when determining child support, including the following:
Child support enforcementChild support covers the needs of the child, including food, shelter, clothing, education and medical services. The Division of Child Support Enforcement provides custodial parents with assistance in obtaining the financial support and medical insurance coverage they need for their children. They also help locate deadbeat parents, establish paternity, and collect delinquent payments. As of late February before the Supreme Court ruling came out, there were 37 states that had legalized gay marriage. Of those 37, 26 legalized it by court decision, eight (including Utah) by a vote in the state legislature and three by popular vote. States not yet allowing gay marriage are as follows: Arkansas, Georgia, Kentucky, Louisiana, Michigan, Mississippi, Missouri, North Dakota, Ohio, South Dakota, Tennessee, Texas and Nebraska. The majority of the states now allowing gay marriage have legalized it within the last couple of years. There has been a tremendous movement around the country to approve equal rights for same sex couples, and it has caused quite a divide in states that have yet to legalize it. The process has been repeated over and over again in states legalizing same-sex marriage: a judge strikes down a ban, there are appeals, the decision is upheld and the marriages begin. Some experts believe that all 50 states could have gay marriage legalized in their states as soon as the end of 2016. But if not that soon, it’s clear that the trend is going to be to continue to see legalizations. Not a single appeal protesting a decision to strike down a gay marriage ban has been successful. With federal judges across the nation consistently calling such bans unconstitutional, it would seem to be only a matter of time before it is legal across the entire United States, without the country ever having had to approve a constitutional amendment to make it so. Free Consultation with Child Support LawyerIf you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 49 reviews
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176297303621 Most people have probably heard that it’s best to avoid probate. However, they might not be sure what probate is and why you should avoid it. Probate is the court-supervised process of sorting and administering a person’s will. If there isn’t a will, the deceased person’s property still goes through the probate process, and is distributed according to the laws of each state. While this process sounds harmless and easy, the probate process usually takes a lot of time and money. There are various costs and fees associated with the probate process, and can tie up property for months. A Few Ways to Avoid ProbateThere are several ways to avoid, or at least minimize, what has to go through the probate process. The most common ways to avoid probate are to set up trusts, take advantage of accounts that have an option to designate a beneficiary, and owning property jointly with the person or people whom you want to inherit your property. Another easy way to avoid probate is to simply gift money and property while you’re still alive. However, it’s important to note that a person can only gift a person a certain amount before it’s subject to taxes. Why a Roth IRA Is a Good IdeaA Roth IRA is a type of Individual Retirement Account. IRA accounts not only have tax benefits, but also allow the account holder to designate a beneficiary, which means that money in this type of account doesn’t have to go through probate. The tax benefit of a Roth IRA is very different from other retirement accounts. Traditional retirement accounts – like regular IRAs, 401(k)s, or Keogh – are tax deductible. This means that the money you contribute to the account is exempt from taxes. However, the money is taxed when it’s taken out of the account. A Roth IRA, on the other hand, is taxed before it’s put into the account, but not taxed when withdrawn. This can be very beneficial as generally people are in higher tax brackets when they are older. As previously mentioned, Roth IRAs are also a good account to have if you’re thinking about your heirs. While all types of retirement accounts allow the account holder to designate a beneficiary, traditional retirement accounts often have requirements that minimize their usefulness when inherited, such as withdrawal requirements. For example, a traditional IRA requires the account holder to start withdrawing from the account at the age of 70 ½. This means that less money will be in the account when the beneficiary inherits it. Roth IRAs, on the other hand, don’t have withdrawal requirements, which means that the money can continue to grow regardless of your age. Hiring an AttorneyAn attorney is not always necessary in estate planning. However, it would be beneficial to consult with an estate planning attorney if your estate is large and/or complex. It’s also always a good idea to contact an estate planning attorney if you questions or concerns about how to avoid probate. Finally, if you’ve been named the executor or personal representative in a will, a probate attorney can help you with the probate process. Free Consultation with an Estate Planning AttorneyIf you are here, you probably have an estate planning 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
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176286310841 Living wills are not really wills at all. Instead, a living will (which also may be known as a healthcare directive or directive to physicians) is a document that expresses a person’s desires and preferences about medical treatment in case he or she becomes unable to communicate these instructions during terminal illness or permanent unconsciousness. This is a part of estate planning. The first living wills helped people who wanted a natural death unattended by artificial life support and other advanced medical techniques. As these documents became more popular and widely available under local laws, they came to include other health care concerns such as tube feeding, resuscitation, and organ donation. While living wills are allowed in all states, they sometimes must follow certain formalities to be effective. If valid, a living will binds health care providers to its instructions. What Does a Living Will Cover?Many people believe that living wills only direct health care providers to withhold treatment. While many choose to issue that type of instruction, a living will also allows a person to ask for all available treatment options and medical techniques, or to choose some medical options and reject others. Because a living will involves complicated medical issues, consultation with a doctor may help clarify different treatment types and assist the patient in making living will decisions. Some people do not complete living wills because they worry doctors could let them die when there is still a chance for recovery. However, a living will cannot take effect legally unless the patient is medically determined to be in a permanent vegetative state or terminally ill, and therefore unable to communicate medical preferences. Living Will vs. Durable Power of AttorneyA durable power of attorney can perform some of the functions of a living will. This document gives an attorney-in-fact legal power to make health care decisions for someone who cannot make those decisions him or herself. A durable power of attorney differs from a living will in that it may direct the attorney-in-fact to carry out the living will’s instructions or it may allow the attorney-in-fact to use his or her own judgment. The living will itself also can specify a proxy to help enforce its terms. A durable power of attorney may be used whenever the individual granting the power cannot make his or her own health care decisions; it does not depend on terminal illness or permanent unconsciousness to become effective. Most estate planning attorneys recommend both documents to cover all situations. Without a living will or durable power of attorney, family members may end up arguing over what treatments should or should not be provided. Doctors will only consult family members on health care decisions; if a person prefers that a friend or unmarried partner participate in his or her health care decisions, a living will and durable power of attorney enable that person to have a say. How to Choose an Attorney-In-FactThe person chosen as the attorney-in-fact or proxy for health care decisions should be a trusted individual who is comfortable discussing health care issues. Because this person may need to argue the patient’s case with doctors or family members, or even go to court, an assertive and diplomatic individual may be preferred. The representative should be well aware of the choices made in the relevant documents, and should support those instructions. It is also useful to enlist the cooperation of friends, relatives, and health care providers by giving them executed copies of the document for their reference, should the need arise. Free Consultation with a Living Wills Lawyer in UtahIf you are here, you probably have an estate issue you need help with, call Ascent Law for your Living Wills 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
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176261408566 Mediation is a popular process for getting through divorce on decent terms with your spouse. Using mediation can protect your children and your wallet from the effects of a contentious litigated divorce. What are the pros and cons of divorce mediation? Mediation is a form of alternative dispute resolution (ADR) intended to create a low-conflict setting for spouses and others to work through their differences while crafting satisfying agreements. For couples able to tolerate working together in the same room, mediation is a good path toward divorce for the following reasons:
Not all couples are candidates for mediation. While there is always hope mediation might work, it could be a poor choice in cases such as:
What Can You Expect During Mediation?The primary benefit you can expect from mediation is that the cost of your divorce will be lower than if you choose the traditional litigation route. When divorcing couples choose mediation[CK1], they can freely discuss difficult, financial issues, such as child custody and spousal support, without fear that what they say will ever be used against them in court. You can expect a neutral, third-party mediator to keep sessions focused on productive dispute resolution. The mediator does not make decisions for the parties, protect their legal interests, or advise them how to resolve their difficulties. The parties decide the terms and fairness of their agreement themselves, or with the help of their attorneys. If an agreement cannot be reached and the case must proceed to court, both parties must find new lawyers to represent them and start from scratch. Therefore, the parties have financial incentives to push towards an equitable settlement. You can also expect to arrive at decisions and compromises on the following kinds of hot button issues:
Steps for Filing a Divorce in UtahGoing through a divorce can be a very difficult time in your life. Don’t let uncertainty about the complicated divorce process add to your stress. Here are the basic steps involved in filing a divorce in Utah.
Because each state has slightly different laws when it comes to divorce, meeting with a divorce attorney in your area can help you get started in the right direction. Which leads me to the next step of offering you a free consultations. Free Initial Consultation with a Lawyer at Ascent LawIt’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Is Mediation a Good Idea in the Divorce Process? via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176249606631 This article is provided to you by Michael R. Anderson, Esq., Utah Adoption Lawyer. Adoption can be a tricky process. There are a number of things to consider including eligibility to adopt, whether or not to use an adoption agency, and whether or not the adoption courts need to be involved in the process. Below you will find key information about frequently asked questions regarding the adoption court and where to go to get legal help. We’ve previously explained the Adoption Process in Utah here. We hope that we can answer some of your questions about adoption in this post. Does my adoption have to be handled by an adoption court?Yes. Regardless of whether you are working through an adoption agency or on your own, your adoption must be approved by an adoption court. This process involves filing a petition with the adoption court and then going through an adoption hearing. All of the people who have an interest in the adoption must receive notice of the hearing, prior to the hearing. These people typically include the biological parents, the adoption agency (if used), and the child, if he or she is of a certain age (12 or 14 in most states). Often times the adoption court will appoint a legal representative for the child. This representative is a disinterested third party whose job it is to look out for the child’s best interest. If the court does appoint a legal representative for the child, that representative must be given notice of the adoption hearing. Typically, courts regarding custody of a child follow the best interest of the child standard (this is also used in divorce cases). This means that during an adoption proceeding, the prospective parents must show the adoption court judge that it is in the child’s best interest to be adopted by them. If the adoption court judge does determine that the adoption is in the child’s best interest, he or she will issue an order, called a final decree of adoption, approving the adoption. The final decree of adoption makes the new parent-child relationship legal and changes the child’s name, per the parents request. What should my adoption petition have in it?Your petition should include, at least:
Along with the adoption petition, you should also file the written consents of the birth parents (or the court order of the termination of their parental rights) with the adoption court. When you file your petition, you should also file your request for the child’s name change, if a name change is desired. Does an attorney have to handle my adoption?It is always recommended to have an adoption attorney, even if you are working with an adoption agency. If your adoption agency does not provide you with a lawyer, it is a good idea to hire one to write your adoption petition and to represent you in adoption court. Legally, you could write your petition on your own and represent yourself in adoption court. However, drafting petitions and going through court hearings can be complicated; thus, it is in your best interest to let an experienced lawyer handle it, using his or her legal expertise. What are the legal requirements for international adoption?To qualify to adopt a child internationally, you must meet both the requirements of the United States, as well as, the requirements of the child’s native country. You, or your lawyer or agent, may end up going to adoption court both in that country and in the United States. Free Consultation with Adoption Lawyer in UtahIf you have a question about a stepchild adoption or if you need a lawyer in Utah, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Moving Children Out of State After Divorce Keep Social Media Out of Divorce via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176226572361 Your pet is an important member of your family. But in the eyes of probate law, pets are personal property, much like your car. That’s why you can’t leave money to your pet. You can mention your pet in your will, but there’s no guarantee your wishes will be followed. If want to ensure your companion is cared for after you’re gone, a pet trust could be just the solution. A pet trust is a legally enforceable arrangement providing for the care and maintenance of one or more companion animals. This is an important part of estate planning law that you can use to protect your pet after you are gone. When deciding if a pet trust is right for your family, consider the following information. Benefits of a Pet TrustIt’s a common misbelief that providing for your pets in a will is enough to guarantee their continued care. Remember, wills are for distributing property. Once that task is done, there’s generally no ongoing supervision. So if you make provisions for a beloved dog in your will, the person receiving your companion is under no obligation to keep or care for your dog. But with a pet trust, the trustee has a legal duty to carry out your instructions. There are many factors to consider when deciding if a pet trust is the right option for you including:
How a Pet Trust WorksA pet trust has many of the same features of other estate planning trusts. There is a grantor who creates the trust, and a trustee who holds the trust assets “in trust” for the benefit of the grantor’s pets. The terms of the trust can be as detailed as you wish, specifying preferences such as food or frequency of trips to the groomer. Typically, payments to a designated caregiver will be made on a regular basis. The trust can continue for the life of the pet, although some states place a 21-year cap on the trust’s duration. Depending on the laws of your state, the trust can continue for the life of your pet. Be aware that a few states terminate pet trusts after 21 years. This is an important consideration for long-living pets such as parrots. You will need to have the following information before you draft your pet trust. Select a TrusteeGenerally, a trustee can be any adult of sound mind, or an organization or institution such as a law office. Check with your state’s laws to determine specific requirements. Before you select your trustee, make sure to review the requirements of the job and understand what the cost, if any. It is a good idea to select an alternate trustee, even if your first trustee is an organization. Select a CaregiverDecide if your pets should go to one person or distributed to different people or organizations. Select at least two caregivers in case their circumstances change during your pet’s life. Discuss the terms of the trust with potential trustees before they agree to the position. Keep in touch with them over the years to remind them of their duties. Properly Identify Pet BeneficiariesYour pets can be identified by photos, licenses or microchips or by “class”. For example, “the pet(s) owned by you at the time of death/incapacitation.” Pet Care InstructionsInclude detailed information about your pet’s standard of care including frequency of vet and grooming visits, food preferences, sleeping arrangements, and exercise. Require inspections of the pet by the trustee. Determine what would trigger the pet being removed from the caregiver and identify the alternate caregiver. Determine Financial NeedIn addition to the cost of care for your pet(s), you’ll need to cover the cost of administering the trust. Determine how the funds will be distributed to the caregiver. End of Pet Life InstructionsConsider when to terminate your pet’s medical care when faced with a terminal illness. The decision to terminate can be a joint decision shared by the vet, the trustee and the caregiver. Remember to state how your companion will be handled upon passing. Remainder BeneficiarySelect a remainder beneficiary in case there is money remaining in the trust after your pet dies. The beneficiary can be a person or an organization. Free Consultation with a Pet Trust LawyerIf you are here, you may want a Pet Trust or you need help with a Pet Trust Administration in Utah.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176215786766 Co-parenting children after a divorce is difficult enough when both parents live within a reasonable distance from each other. If one parent decides to move out of state after a divorce, the challenges become even greater. In most cases, parents are required under state law to get permission from a judge and/or the other parent before moving a child out of state. Even moves within the state may require permission if they will be far enough away to necessitate changes to a parenting plan previously established. To that end, unless you get permission from the other parent, you may need to file an official motion in court to approve your move. There are several factors courts consider when deciding whether or not to approve the move. The most important is the parenting arrangement you currently have in place. The following are the common scenarios:
From the Highest Court of the State of Utah – The Most Significant Case for Same-Sex Couples and Child CustodyA recent ruling from the Utah State Court of Appeals has determined that an unmarried partner that is the non-biological, non-adoptive partner in a same sex marriage can be entitled to parenting rights over a child raised in the relationship under certain circumstances. This ruling has set the stage for a possible deluge of cases in the coming weeks, months and years involving same sex partners who have raised children, both adoptive and biological, from birth (or date of adoption for infants). In a follow up decision handed down in Utah State Supreme Court, Utah County, a judge has determined that a custody case involving a same sex couple who have raised an adoptive son from infancy to the current age of 6 may proceed despite only one of the parties being listed on the adoption papers. The Judge in this case informed the parties in the custody matter before him that “You’re here at an odd moment in that the case came down from our highest court in the state, which basically changed the definition of parenthood,” before determining that the non-adoptive party had standing before the court. As these cases show, the definition of “family” in the Beehive State is expanding. There will be many who will benefit from these rulings in the near future by having their rights expanded relating to children who have never known life without them. Stay tuned, more to come on this amazing situation. Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176190312256 When people think of estate planning, they tend to focus on the distribution of an individual’s assets and other property when he or she passes away. Although that’s certainly a component of estate planning, there’s much more that a person can do to ensure that his or her intentions and wishes are honored in the case of mental incapacity or upon passing away. This section provides resources related to estate planning, including a discussion of estate laws, tips for creating an estate plan, and an explanation of how probate works. Why Estate Planning Is ImportantEstate planning allows a person to make decisions that include medical treatment care options and the distribution of property when he or she passes away. Planning ahead provides time to carefully consider and review estate decisions and to create tailored plans that preempt any disputes. As a side benefit, a person who plans ahead will become knowledgeable about important issues such as estate taxes. Keep in mind that estate plans can generally be amended, so you needn’t fear being locked into a “rough draft” plan that’s created early on in life. The Risks If You Don’t Plan Your EstateA person who doesn’t plan his or her estate runs the risk of family members fighting over property and over difficult decisions such as end-of-life care. If a dispute over the estate goes to court, expenses can quickly add up, the process can be painfully slow, and in extreme cases, family relationships can be ruined. Land can be troublesome to divide, with the problem compounded if some family members want to sell, against the wishes of other family members. Types of Estate PlansAs many people know, planning an estate involves the distribution of real property, bank accounts, insurance policies, investments, and/or other assets a person owns when he or she passes away. However, estate planning also includes trusts, school tuition accounts, and other plans that can take effect during a person’s lifetime, and remember that medical care and end-of-life decisions are also forms of estate planning. This section provides an overview of common estate plans, and an attorney can help you to fully understand the plan options available to you. Factors to Consider When Planning Your EstateThe various forms of estate plans have their unique features and benefits. For example, one type of plan may provide advantageous tax benefits compared to another plan, and certain requirements may apply to one type of plan but not to another. Along with the federal government, states have passed estate laws, and it’s important to understand the laws that apply as you begin planning. If you do so, you can minimize costs and tax payments while tailoring a plan that suits your needs and carries out your intentions. How an Estate Planning Attorney Can Help YouAn attorney can help you to understand the basics of estate planning, and he or she can help you to create a plan that reflects your wishes. This section provides information for consulting with an experienced estate planning attorney in your area. Free Consultation with a Utah Estate Planning LawyerIf you are here, you may need to get your estate planning done or you need help with an estate matter. If you do, 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
Irrevocable vs. Revocable Trusts Basics of Adoption and Same Sex Couples via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176178529256 Whenever a court handles a child custody dispute, the judge’s primary goal is to determine what arrangement would be in the children’s best interests, while still being mindful of each parent’s rights. When the presence of regular alcohol abuse is a factor, it is unlikely that the parent with the problem will be able to obtain physical custody of the child — although he or she may not necessarily be disqualified from sharing legal custody. Considering the state of the parent’s alcoholismThe current state of the parent’s alcoholism plays a major role in the judge’s decision. If, for example, you are struggling with the disease and you are not making any effort to address it, you’ll face an uphill battle in any child custody proceedings. Judges will see you have a serious problem and are not taking it seriously, leaving you unfit to have custody of your children. The judge may still allow you to have a say in how your child will be raised. If, however, you are a recovering alcoholic, have been sober for an extended period and continue to make demonstrable efforts to overcome the problem, then the judge may spend more time considering your ability to maintain physical custody of your children. The judge may reach out to a treatment counselor or sponsor, for example, to learn about the progress you have made, your activity in rehabilitation and the length of time you have been sober. Ultimately, alcoholism can negatively impact parental record, no matter how dormant it is. Even recovering alcoholics who have been sober for years could have a hard time during this process — and that can be quite unfair. How to Prepare for a Child Custody HearingYour very first child custody hearing can be a difficult experience, especially if you are unfamiliar with how the process works. However, a little preparation can go a long way toward helping you feel more comfortable in court, giving you a better chance at a positive outcome. Below are some tips to help you prepare for your child custody hearing:
Free Consultation with Child Custody LawyerIf you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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What is the Best Interests of the Child? Basics of Adoption and Same Sex Couples via Divorce Lawyer Midvale Utah https://divorcelawyermidvaleutah.tumblr.com/post/176153908211 |
ABOUTHi my name is Fiona Rikke and i am Divorce Lawyer at Midvale, UT. Archives
April 2019
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