Alimony (also called aliment (Scotland), maintenance (England, Ireland, Northern Ireland, Wales, and Canada), spousal support (U.S., Canada) and spouse maintenance (Australia)) is a legal obligation on a person to provide financial support to their spouse before or after marital separation or divorce. History Of AlimonyThe Code of Hammurabi (1754 BC) declares that a man must provide sustenance to a woman who has borne him children, so that she can raise them: The modern concept of alimony is derived from English ecclesiastical courts that awarded alimony in cases of separation and divorce. Alimony pendent lite was given until the divorce decree, based on the husband’s duty to support the wife during a marriage that still continued. Post-divorce or permanent alimony was also based on the notion that the marriage continued, as ecclesiastical courts could only award a divorce a Mensa ET thoron, similar to a legal separation today. As divorce did not end the marriage, the husband’s duty to support his wife remained intact. Liberalization of divorce laws occurred in the 19th century, but divorce was only possible in cases of marital misconduct. As a result, the requirement to pay alimony became linked to the concept of fault in the divorce. Alimony to wives was paid because it was assumed that the marriage, and the wife’s right to support, would have continued but for the misbehavior of the husband. Ending alimony on divorce would have permitted a guilty husband to profit from his own misconduct. In contrast, if the wife committed the misconduct, she was considered to have forfeited any claim to ongoing support. However, during the period, parties could rarely afford alimony, and so it was rarely awarded by courts. As husbands’ incomes increased, and with it the possibility of paying alimony, the awarding of alimony increased, generally because a wife could show a need for ongoing financial support, and the husband had the ability to pay. No-fault divorce led to changes in alimony. Whereas spousal support was considered a right under the fault-based system, it became conditional under the no-fault approach According to the American Bar Association, marital fault is a “factor” in awarding alimony in 25 states and the District of Columbia. Permanent alimony began to fall out of favor, as it prevented former spouses from beginning new lives, though in some states (e.g., Massachusetts, Mississippi, and Tennessee), permanent alimony awards continued, but with some limitations. Alimony moved beyond support to permitting the more dependent spouse to become financially independent or to have the same standard of living as during the marriage or common law marriage, though this was not possible in most cases. In the 1970s, the United States Supreme Court ruled against gender bias in alimony awards and, according to the U.S. Census Bureau, the percentage of alimony recipients who are male rose from 2.4% in 2001 to 3.6% in 2006. In states like Massachusetts and Louisiana, the salaries of new spouses may be used in determining the alimony paid to the previous partners. Most recently, in several high-profile divorces, women such as Britney Spears, Victoria Principal, and Jessica Simpson have paid multimillion-dollar settlements in lieu of alimony to ex-husbands. According to divorce lawyers, aggressive pursuit of spousal support by men is becoming more common, as the stigma associated with asking for alimony fades. How long do you have to be married to get ailmony to Be Married to Get Alimony in Utah?Alimony is one of the most discussed topics when people come in for their Roadmap and Recovery Sessions (i.e., new client consultations). And with good reason: it’s really important. Alimony will affect how you and your soon-to-be ex will live for the next who-knows-how-many years. It can be a lifeline for a spouse that has stayed at home and raised children. Conversely, it can be a serious burden to a spouse already paying child support. Alimony is really a function of two things: (1) time and (2) need. Time in the MarriageTime in the marriage is the first consideration when discussion alimony. The reason for this is simple: if you haven’t been married long enough to warrant alimony, then figuring out need for alimony and ability to pay won’t matter. My rule of thumb regarding how long you have to be married to get alimony in Utah is this: (1) If your marriage is less than four years, it will be very difficult to obtain alimony. (2) If your marriage is four or five years, it’s a toss-up. (3) If your marriage is more than five years, it’s likely to end up with an alimony award. The reason it’s difficult to obtain alimony if you’ve been married fewer than four years is because people (usually) can easily go back to work and live a normal single life on an average wage. The length of the marriage is so short that neither spouse has become dependent on a marital lifestyle. No Hard-And-Fast RulesNow, these are not hard-and-fast rules. For example, if you’re married a year, become permanently disabled in an auto accident, and your spouse files for divorce that same year, your chances of getting alimony are probably pretty good. Conversely, if you have been married for twenty years, make $200,000 per year, and have no need of alimony from your spouse to maintain your lifestyle, you don’t have a very good argument for alimony. What I’m getting at is alimony is very fact dependent and fluid. You really need to sit down with an attorney and go over your particular situation to see where you stand regarding alimony. Factors Considered for Payment of AlimonyOnce the court settles the spouses’ property rights, it will consider a request for alimony. Generally, the court looks to the standard of living enjoyed at the time of separation to determine appropriate alimony, but it can also look at the situation at the time of trial if there has been a significant change in resources since the time of separation – the loss of a job, for example. If your marriage was short and there are no children, the court could use the standard of living at the beginning of marriage instead. If a spouse is unable to meet the appropriate standard of living without help from the other spouse, then the court looks to a series of factors to determine the amount and duration of alimony. It evaluates the recipient spouse’s financial resources, needs, and earning capacity, as well as the payer spouse’s ability to pay. The court is not required to order an advantaged spouse to pay support if so doing means that the paying spouse won’t be able to be self-supporting. Likewise, the court can’t make the payer spouse pay more than what the recipient spouse needs to meet the marital standard of living, no matter how much money the paying spouse might be able to pay. Other factors that the judge may consider are the length of the marriage, what the child custody arrangement is, and whether the payer spouse’s earning capacity increased because the recipient spouse contributed to education or training during marriage. If the marriage was long and one spouse is at the threshold of a major change in income because of the collective efforts of both spouses during the marriage, that change also will be a factor in the alimony award. The court has considerable discretion in awarding alimony and may look at the spouses’ relative fault in causing the marriage to fail as well. Income Equalization MethodThe court does not have to use a set formula – plugging in the spouses’ incomes and child-support obligation, among other elements – to come up with a payment amount. It can, however, order alimony based on an income-equalization calculation where neither spouse earns enough to be self-supporting nor also cover the other spouse’s needs. For example, let’s say wife worked part-time during marriage, earning a net income (meaning, after taxes) of $800 a month and husband earned a net income of $2,600 a month. The court would attempt to equalize the incomes by adding them together for a sum of $3,400 and then dividing it by 2, for a quotient of $1,700. Then, the court would subtract wife’s net income ($800) from $1,700, leaving an alimony payment to wife of $900. TaxesIf you are paying alimony, your payments are tax deductible. If you are receiving alimony, the IRS taxes what you receive as income. Duration and Termination of PaymentsIn Utah, alimony payments usually last only as long as the number of years the marriage existed. The court could order them for a shorter or longer time, however, if the right circumstances exist. Also, payments automatically terminate when the recipient spouse remarries or wen either spouse dies. Where the recipient spouse doesn’t remarry but moves in with a new partner, the payer spouse can ask the court to terminate alimony obligations. On the other hand, if the payer spouse remarries, there are some situations where the court could change the amount of alimony due based on the income of the payer’s subsequent spouse. For example, if a husband worked as a contractor and has an affair with an orthopedist that affects his marriage, the court could first order husband to pay his wife, a homemaker, alimony based on his resources as a contractor. Later, if he marries the orthopedist, the court could increase his payments to his first wife based on the second wife’s income because the orthopedist can contribute more to his household expenses and because there was an element of improper conduct (his affair). Who is Eligible for Alimony in Utah and how is Alimony Determined?While most people tend to think of alimony as something that husbands pay to wives, any spouse who otherwise meets the criteria can receive an award of alimony. What are those criteria? As a general rule, the court takes into account the parties’ standard of living at the time they separated. The goal of alimony is to allow the parties to maintain their pre-separation standard of living. Also, according to Utah law, the duration of alimony cannot (absent exceptional circumstances) exceed the length of the marriage. Married for five years? Don’t expect ten years of alimony; it won’t happen. There are factors the court must consider in deciding whether to award alimony (and how much, for how long), and other factors it may choose to take into account. According to statute, the court shall consider: • the financial condition and needs of the spouse requesting alimony (the “recipient spouse”); • the recipient spouse’s earning capacity, taking into account how time spent caring for a child of the payer may have affected that capacity; • the ability of the payer spouse to provide support; • the length of the marriage; • whether the recipient spouse has custody of a minor child who needs support; • whether the recipient spouse worked in a business that was owned or operated by the payer; and • Whether the recipient paid for or enabled the payer to receive education during the marriage which directly contributed to an increase in the payer’s skills. The court may also take fault into account when determining an alimony award. Fault includes: • adultery; • deliberately harming or trying to harm the other spouse or minor children; • deliberately causing the other spouse or minor children to fear life-threatening harm; or • Substantially undermining the other spouse’s or minor children’s financial stability in some way. Remember, though, that the court does not use alimony as punishment (however much you might think your spouse deserves it!), so expect the focus to be on need and ability to pay. As mentioned above, the court tries to allow the parties to maintain the standard of living they enjoyed just before they separated. In a very short term marriage with no children, the court might simply try to place the parties back in the positions they were in at the time of the marriage. Alimony Attorney in Utah Free ConsultationWhen you need an alimony attorney in Utah, please call Ascent Law LLC at (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
Why You Need A Prenuptial Agreement via Michael Anderson https://www.ascentlawfirm.com/how-many-years-do-you-have-to-be-married-to-get-alimony/
0 Comments
Certain criminal charges are serious charges. If you have been charged with a serious criminal offense like murder or rape, contact an experienced Lehi Utah criminal defense lawyer. Since one of the main criteria for determining whether a defendant meets the standard for voluntary manslaughter is whether there was adequate (reasonable) provocation, it is important to identify the types of circumstances that might constitute adequate provocation. The following list, while not exhaustive, provides some guidance as to the kinds of circumstances likely to be considered adequate provocation. • Discovering an unfaithful spouse in a “compromising position.” While the common law right to claim “heat of passion” was limited to husbands discovering wives in such circumstances, today it applies equally to wives as well. Additionally, “heat of passion” might be available for the discovery of unfaithful conduct in nonmarital relationships. • Witnessing violence against a third party, usually a relative. • Being the victim of an unprovoked and violent battery. • Hearing about certain conduct that would constitute adequate provocation if actually viewed. For example, if the defendant hears about the violent battery of his mother, this might constitute adequate provocation. Two circumstances that typically do not rise to the level of adequate provocation are hearing mere words (no matter how obscene or derogatory) and witnessing damage to property. The rationale for excluding mere words as adequate provocation is twofold. First, allowing a person to exact “punishment” on another for uttering mere words could potentially interfere with the victim’s constitutionally protected right to free speech. Second, it would be difficult, if not impossible, to determine exactly which words constitute adequate provocation in any given situation. While some words might be universally considered offensive, the meaning and impact of words change over time; even if a list could be compiled, it would have to be continually modified as society’s understanding and acceptance of terms changed. The rationale for not allowing damage to property to serve as adequate provocation for voluntary manslaughter is simply that human life is to be valued over and above material possessions, no matter how valuable and cherished. Additionally, there are other mechanisms in place, both criminal and civil, for addressing the violation of property rights. Cooling OffAs previously explained, a person who has been adequately provoked must not have cooled off in order to fit the criteria for voluntary manslaughter. The term “cooling off” generally means that the person has had sufficient time to recover from the disturbance that ignited the passion. As it is difficult to determine what constitutes sufficient time to cool off, each situation must be evaluated on its own facts. When considering whether a defendant has cooled off, it is necessary to examine all of the surrounding circumstances that provide evidence of the defendant’s mental state, as well as the amount of time that has elapsed since the incident that inflamed the passion. For example, did the defendant appear outwardly calm? Was he performing everyday activities in a seemingly normal fashion? Did he physically remove himself from the situation that inflamed the passion? Did he verbally indicate that he had calmed down? Were there any factors that could have reignited the passion? These factors do provide circumstantial evidence from which we can begin to draw reasonable inferences with respect to the defendant’s mental state. Voluntary Manslaughter and CausationCausation is a particularly important issue in voluntary manslaughter cases because an unlawful killing may be reduced from murder to voluntary manslaughter if it is determined that the defendant’s conduct was caused or provoked by certain behavior. The circumstances must therefore be carefully analyzed to establish whether the “provocation” actually caused the violent reaction by the defendant. Voluntary Manslaughter as a DefenseBecause voluntary manslaughter allows conduct that closely resembles intentional murder to be reduced to a lesser offense based upon adequate provocation, it is often used as a defense to a charge of intentional murder. A defendant using voluntary manslaughter as a defense in a criminal trial essentially admits the wrongful act–the unlawful killing. However, the defendant argues that rather than being motivated by malice aforethought (the necessary element for murder), he was adequately provoked by the circumstances surrounding the crime, that is, he acted without malice aforethought. If, after examining the necessary requirements for adequate provocation and cooling off, the judge or jury believes this defense, then the defendant will be convicted of and punished for the lesser offense of voluntary manslaughter. Involuntary ManslaughterInvoluntary manslaughter is an unintentional death that results from the commission of an unlawful act not amounting to a felony or from the commission of a lawful act in a criminally negligent fashion. Unlawful Act Not Amounting to a FelonyOne theory of involuntary manslaughter attributes moral blameworthiness to a defendant if a death results while the defendant is committing an unlawful act not amounting to a felony. The defendant’s unlawful act typically violates a misdemeanor statute that is designed to protect human life. A Lawful Act Done in a Criminally Negligent MannerA defendant may also be liable for an unintentional death caused while he is acting in a lawful, but criminally negligent, manner. Involuntary Manslaughter and CausationIn cases of involuntary manslaughter, the defendant’s unlawful or negligent conduct must be the cause of the unintentional death. One area where this issue has become somewhat controversial is the context of driving while intoxicated. Murder and Voluntary ManslaughterThe distinguishing factor between murder and manslaughter is the concept of malice aforethought. Murder is an unlawful killing with malice aforethought, while manslaughter is defined as an unlawful killing without malice aforethought. As discussed earlier in the chapter, there are two species of manslaughter: voluntary and involuntary. Voluntary manslaughter involves intentional conduct and, in many instances, closely resembles the conduct necessary for intentional murder. That is, the defendant intentionally commits an unlawful killing. However, in cases of voluntary manslaughter, depending upon the factual circumstances, the defendant will not be guilty of the greater crime of murder because the criminal law recognizes that human beings may occasionally be driven to act “in the heat of passion.” Criminal sexual assault covers a broad range of sexual conduct that occurs by force and without the victim’s consent. The unlawful sexual conduct can be divided into two categories: • Sexual intercourse, which is the most serious of the categories, includes nonconsensual vaginal and anal intercourse as well as oral-genital contact. For this offense, there is typically a requirement that some type of bodily penetration occur, no matter how slight. When these acts are combined with force and lack of consent, this conduct is commonly referred to as rape. • Sexual contact, a lesser offense, includes nonconsensual sexual touching of the victim in certain areas (e.g., genitals, breasts, thighs) for the purpose of sexual arousal or gratification. Unlike sexual intercourse, there is no requirement that any type of bodily penetration occur, and the touching may occur over or under the victim’s clothing. To be classified as criminal sexual assault, the sexual conduct must occur by force and without the consent of the victim. ForceIn rape cases, force can take the form of actual physical force, threat of force, or taking advantage of circumstances that render the victim helpless or somehow unprotected. A threat of force must usually be a threat of serious bodily injury and, therefore, does not include threats that involve the deprivation of property, such as loss of employment. Force may also include instances when the victim is in a helpless or unprotected state such that the rape can occur without actual or threatened force. Without ConsentIn addition to the element of force, the sexual conduct must occur without the consent of the victim. To determine whether there is lack of consent, the victim’s conduct must be examined. Since the primary focus of criminal law is punishment of those who are morally blameworthy, criminal cases almost always examine the conduct of the defendant in order to assess criminal liability. Therefore, one obvious question that arises in rape cases is, Why is there such a concern with the victim’s conduct? The answer to this question involves the nature of the underlying conduct. Because the underlying conduct, sexual intercourse, is lawful if engaged in by consenting adults, the question for purposes of criminal liability becomes: When does inherently lawful conduct cross the line to become unlawful conduct? Examining the element of force alone to answer this question would not yield an entirely reliable result because, theoretically, the parties could consent to the use of force in sexual conduct. Thus, we need to examine both force and whether there is a lack of consent in order to determine when lawful sexual conduct crosses the boundary and becomes rape or other unlawful sexual conduct. Historically, lack of consent was measured by whether the victim resisted. Although at common law the victim was required to “resist to the utmost” (usually this meant physically resisting the attacker), today the law recognizes verbal resistance as well as circumstances when there may be a complete lack of resistance. This expanded definition of resistance acknowledges that victims of sexual assault should not be required to physically defend themselves in order to establish that a rape occurred, particularly when such physical resistance might result in greater harm to the victim. Lack of consent may also be present if the victim’s consent is induced by fraud. It should be noted that in instances when the victim is induced by fraud to consent to sexual intercourse, although it appears that no force is used, in fact the force is “constructive.” Criminal law will imply the use of force in situations when victims are rendered helpless or unable to protect themselves for whatever reason, even if that reason is based upon what turns out to be misplaced trust in a preexisting relationship. Date RapeOne of the most conceptually difficult and controversial categories of sexual assault is date or acquaintance rape. In these instances, the parties either have a preexisting dating relationship or have recently become acquainted prior to the rape incident. This preexisting relationship or acquaintanceship adds yet another layer of complexity to the determination as to when consensual interaction crosses the boundary into illegal conduct. One of the most troublesome evidentiary aspects of date/acquaintance rape cases is that the parties involved are highly likely to have diametrically opposed recollections of the events. Since the victim and the defendant are often the only witnesses to the events surrounding the date/acquaintance rape, the judge or jury must sort out all of the factual evidence presented and ultimately assess the credibility of the two individuals involved. In the end, the verdict will depend upon who presents the most credible version of events, considering all of the factual circumstances. Although blaming the victim and/or forcing her to discuss her sexual history in open court can be a disturbing facet of any rape prosecution, it is particularly acute in cases of date/acquaintance rape. Because the prior relationship between the parties overshadows the issues of force and lack of consent, from an evidentiary perspective, it may appear that more force and more resistance are necessary to establish that consensual behavior has crossed the boundary into unlawful sexual conduct. Additionally, when refuting the evidence against him in a date/acquaintance rape case, the defendant may be able to introduce evidence of prior consensual sexual conduct with the victim. This will inevitably compel the victim to suffer the embarrassment associated with publicly revealing the intimate details of her sexual history with the defendant. One practical consideration in these types of “close” cases when the evidence is sharply conflicting and the costs for the victim are unusually high is whether the criminal trial process is the most appropriate forum for resolving these issues. In other words, given the enormous potential for public humiliation of the victim and the uncertainty of the outcome at trial, would a private forum be more effective in terms of resolving the issues and reducing the victim’s potential exposure to further victimization? This private option for resolution assumes that in some instances, particularly if the parties had a dating relationship, the victim may not desire a public criminal prosecution of the defendant and the public humiliation often associated with that process. Instead, she may simply want to confront the defendant, force him to admit his guilt and accept responsibility for his behavior. In this private setting, it may be possible for the victim to regain the sense of power and control that she lost as a result of the defendant’s unlawful conduct. Moreover, knowledge that a private resolution option is available may encourage more victims of date/acquaintance rape to come forward because it removes the potential for further humiliation that undoubtedly deters many victims from reporting these offenses. Obviously, a private resolution of the issues should only be considered an option for the victim and should not be considered if the victim desires a resolution through the criminal trial process. Hire the services of an experienced Lehi Utah criminal lawyer. After studying your case, the lawyer can develop a successful defense strategy. Lehi Utah Criminal Defense Attorney Free ConsultationWhen you need legal help from a criminal defense lawyer for drug crimes, sex crimes, DUI, larceny, theft, etc., 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
Declaratory Actions And Insurance via Michael Anderson https://www.ascentlawfirm.com/criminal-defense-lawyer-lehi-utah/ Estate is everything involving the total assets of an individual, including all land, assets and different resources that the individual possesses or has a controlling enthusiasm for. The word estate is conversationally used to allude to the majority of the land and enhancements for a huge property, frequently some kind of ranch or residence, or the notable home of a noticeable family. In any case, in the money related and legitimate feeling of the term, an estate alludes to everything of esteem that an individual claims – land, craftsmanship accumulations, old fashioned things, speculations, protection and some other resources and qualifications – and is likewise utilized as a general method to allude to an individual’s total assets. Lawfully, an individual’s estate alludes to a person’s absolute resources, less any liabilities. Estates are most significant upon the passing of a person. Estate arranging is the demonstration of dealing with the division and legacy of your own estate, and ostensibly speaks to the most significant money related arranging of a person’s life. By and large, an individual draws up a will which clarifies the departed benefactor’s aims for the conveyance of their estate upon their passing. An individual who gets resources through legacy is known as a recipient. In practically all cases, estates are partitioned between individuals from the perished’s family. This section of riches starting with one age of a family then onto the next tends to dig in pay in certain social classes or families. Legacy represents an enormous extent of complete riches in the United States and around the globe and is to a limited extent in charge of persevering pay imbalance (however there are, obviously, numerous different variables). In the United States, if most of an estate is left to a mate or to a philanthropy, the estate assessment is commonly lifted. It is commonly prudent for both the individual drafting the will and the recipients of an estate to utilize the administrations of estate lawyers. Legacy expenses are famous for their intricacy and excessiveness, and the utilization of a lawyer guarantees that your legacy duties are paid effectively. On the drafting end, there are various estimates that can be taken to limit the measure of duty one’s recipients should pay, such as setting up trusts. A probate is a legitimate procedure where a will is audited to decide if it is substantial and valid. Probate additionally alludes to the general controlling of an expired individual’s will or the estate of a perished individual without a will. The court delegates either an agent named in the will (or a chairman if there is no will) to manage the way toward gathering the benefits of the expired individual, paying any liabilities staying on the individual’s estate, lastly circulating the advantages of the estate to recipients named in the will or decided accordingly by the agent. A probate is the initial step taken in overseeing the estate of an expired individual and disseminating advantages for the recipients. At the point when a property proprietor passes on, his benefits are partitioned among the recipients recorded in his will. For some situation, the departed benefactor or expired does not leave a will which ought to contain directions on how his or her advantages ought to be appropriated after death. Regardless of whether there is a will for direction or not, the benefits of a decedent’s estate might be required to experience probate. At the point when a departed benefactor kicks the bucket, the overseer of the will must take the will to the probate court or to the agent named in the will inside 30 days of the passing of the deceased benefactor. The probate procedure is a court-managed method in which the realness of the will deserted is demonstrated to be substantial and acknowledged as the genuine last confirmation of the perished. The court formally chooses the agent named in the will, which, thusly, gives the agent the lawful capacity to follow up for the benefit of the perished. The lawful individual delegate or agent affirmed by the court is in charge of finding and regulating every one of the benefits of the perished. The agent needs to evaluate the estimation of the estate by utilizing either the date of death esteem or the other valuation date, as indicated in the Internal Revenue Code (IRC). Most resources that are liable to probate organization gone under the supervision of the probate court in where the decedent inhabited passing. The special case is land. You should probate land in the region in which it is found. The agent likewise needs to make good on off any regulatory obligations and obligation owed by the perished from the estate. Banks as a rule have a restricted measure of time from the date they were advised of the departed benefactor’s demise to make any cases against the estate for cash owed to them. Cases that are dismissed by the agent can be indicted where a probate judge will have the last say on whether the case is lawful. The agent is additionally in charge of recording the last close to home personal assessment forms for the benefit of the expired. Any estate imposes that are pending will come due inside nine months of the date of death. After the stock of the estate has been taken, the estimation of advantages determined, and duties and obligation satisfied, the agent will at that point look for approval from the court to circulate whatever is left of the estate to the recipients. Community property laws perceive the two life partners as joint property proprietors. Utah is a martial property state, not a community property state. In actuality, the conveyance progression begins with the enduring life partner. On the off chance that unmarried or bereft at the season of death, resources will be isolated among any enduring kids, before some other relatives are considered. On the off chance that no closest relative can be found, the advantages in the estate will turn into the property of the state. In case you’re wrapping up the estate of an Utah inhabitant who passed on with an estate that is worth not exactly a specific dollar sum, you won’t need to experience a formal probate court continuing. It doesn’t make a difference whether the perished individual left a will; what makes a difference is the estimation of the benefits abandoned. In the event that the estate’s esteem is under the “little estates” limit in Utah, you can exploit a disentangled probate method, regularly called a “synopsis probate.” Instead of having a court hearing before a judge, you may require just to document a basic structure or two and sit tight for a specific measure of time before appropriating the advantages. In certain states, it tends to be much simpler: Inheritors can utilize a basic sworn statement to guarantee resources. (An oath is an announcement you sign before a legal official, swearing something is valid.) If you live in one of those states, you simply need to hold up a required timeframe, at that point sign a basic, sworn proclamation that no probate continuing is going on in your state and that you are the individual qualified for acquire a specific resource – a financial balance, for instance. When you are attempting to decide if an estate’s esteem is underneath the Utah little estates limit, the principal activity is make a rundown of the benefits. A straightforward spreadsheet or rundown will do. Not everything an individual claims checks, however. For this rundown, incorporate just the things that go to beneficiaries and recipients by will or, if there’s no will, by Utah intestacy laws, which figure out who acquires if there is no will. Try not to include resources that are held in joint occupancy, retirement plans, payable-on-death (POD) ledgers, land moved by an exchange on-death deed, or move on-death money market funds. These advantages don’t check towards the little estate limit since they go to the named recipients paying little mind to what a will (or state intestacy law) says. In the event that an individual had a life coverage strategy with a named recipient, the protection continues won’t check either. A few states likewise don’t check the measure of cash owed on a vehicle, or a house, while others tally the honest estimation of a benefit, even it is liable to a credit or a home loan. For instance, say Mr. Donald Jones died in Utah and possessed the accompanying resources: • A financial records with $2,345 • An investment account with $2,567 • A vehicle with a blue book estimation of $6,500 (and no credit) • An IRA with $32,000, naming his child and girl as recipients • An extra security arrangement worth ,000, naming his child and little girl as recipients To make sense of whether Donald is above or beneath Utah’s little estate limit, just the financial balances and vehicle would be checked, for an aggregate of $11,412. His IRA and the disaster protection continues aren’t tallied towards the point of confinement since they will go to his recipients legitimately. The estimation of the vehicle is incorporated in light of the fact that he doesn’t owe cash on it. That implies the estimation of Donald’s estate is under the Utah little estates limit. His child and girl, who acquire his advantages under Utah’s intestacy laws on the grounds that Donald had no will, would pursue this technique: You can utilize an Affidavit in Utah for estates with under $100,000, not including liens or encumbrances (like a home loan). You can likewise move up to four pontoons, engine vehicles, trailers or semi-trailers, if the estimation of estate subject to probate, barring the estimation of the vehicles, is $100,000. There is a 30-day holding up period. You can utilize a synopsis probate strategy for estates in which the estimation of the estate, less liens or encumbrances, doesn’t surpass the residence stipend, excluded property, family recompense, and expenses of organization, memorial service costs, and last sickness costs. In the event that the decedent claimed couple of advantages, it might be conceivable to evade the probate procedure. In numerous states, a “little estate organization” is accessible. Ordinarily, so as to fit the bill for a little estate organization, the decedent’s advantages must exclude land and should be worth not exactly an edge sum dictated by the state. In the event that a little estate organization is appropriate, the gatherings who are qualified for get the decedent’s advantages may gather those benefits by method for an “oath,” a sworn explanation that is recorded with the court. Indeed, even in a little estate continuing, however, the decedent’s loan bosses may should be paid from the benefits before any estate resources are appropriated. In case you’re managing an estate, you have a great deal of duty – not exclusively to the perished party’s inheritance, yet to the relatives and other friends and family named in the will. Hence, you ought to counsel a neighborhood estate arranging lawyer who can help guarantee that you’re directing the estate appropriately. Estate Administration Attorney Free ConsultationWhen you need legal help with an estate administration in Utah or real estate matter, 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
Bankruptcy Lawyer American Fork Utah Custody And Family Law Change In Utah via Michael Anderson https://www.ascentlawfirm.com/how-to-administer-an-estate-in-utah/ A basic consideration, always to be kept firmly in mind, is that private housing development for a private market is first, last, and all the time a business operation, conducted for profit, and the merit of decisions is always judged by their effect upon profit. A great many factors affect the final profit from a housing development. First come the price paid for the land and the cost and availability of credit when needed. Then various skills come into play: skill in minimizing tax liabilities, taking advantage of numerous and often complicated federal programs, and selling the final product. Each of these factors is highly important. A bad decision on any one of them may wholly offset great effectiveness in handling all the others. But it is the interrelationship of these factors which offers the greatest challenge to the managerial skill of the developer. If you are a property developer, always have an experienced Ogden Utah real estate lawyer working for you. In a great many housing developments, the margin between considerable loss and relatively high profits may be rather narrow. A little extra delay in construction or in sales may lead to losses, while better management or more luck which reduces time involved may lead to high profits. A somewhat higher vacancy rate in apartments than anticipated may lead to losses, while just a little higher occupancy rate may lead to fairly high profits. Abrams, in discussing the rebuilding of older parts of cities, cites some dramatic examples of how this works; the same general relationships exist for new housing in suburbs.4 In part, the explanation lies in the heavy use of credit and the low equity capital of many developers. Early in the process of planning a housing development, every builder must make some kind of an estimate of the demand for housing — in general or nationally, for his city, and for the type he wants to build. This estimate may be highly sophisticated or very simple, even impressionistic. It may be based upon various general factors, such as rate of household formation, the state of the national money market, or other general considerations. Or it may be highly localized and personal — a simple judgment that ten or twenty houses of a certain type and price range can be sold in this location over the next year or so. Since the developer is really concerned with the state of the housing market for his houses when the latter are ready, he must forecast ahead, often by one to two years, when he is considering undertaking development of a specific tract of land. Obviously, additional uncertainties enter when the future rather than the present demand is concerned. In order to carry out a housing development, a developer must first have a tract of land. He may have in mind his ideal tract, ideal as to size, location, physical characteristics, and price; and he may also have in mind the degree of divergence from the ideal which he will accept if he has to. His decision-making unit is the subdivision of a size for his operation, but this may vary considerably in acreage. In any case, the kind of houses, their price, and their market must be related, in his judgment, to the character of the site. It would be wasteful to put low-priced houses on an expensive tract in a high-class neighborhood. Probably it would be financially disastrous to put expensive house into a lower-middle-class neighborhood. However definitely the developer has an ideal tract in mind, in practice he may very well have to choose from among a very few tracts, none of which conforms to his ideal. The managerial function consists here, as it does so often in every field, in deciding among alternatives, none of which is wholly satisfactory — a selection of the least-worst, or tolerable, as well as of the best. In the case of sites for building, the developer has a further decision to make: how far ahead to plan and to acquire land for planned building, or how much to take advantage of present opportunities to buy available tracts for future use. There are advantages in having land readily available as needed, but there are also costs in holding land. Once a tract has been acquired, the developer has to make some decisions on street and lot layout. A simple and obvious way is to employ straight streets run on cardinal directions and linked in a grid with similar streets in adjacent areas, and to lay out lots of width and depth suited to the size and cost of the houses contemplated. Many suburbs have been so developed, and there is much to be said in favor of such simple layout, in spite of its lack of variety. The curving street, however, has become the symbol of even the modestly ambitious suburban development. It does provide vistas which are likely to be much more attractive than those available to motorist or pedestrian in the grid layout, and houses may have somewhat different directional orientations. A newer subdivision form, with many advantages, is clustering of houses so as to provide larger open space for general use. If well planned, a clustered development will reduce the land area in streets, perhaps yield a few more buildable lots, and yet produce more usable open space than the typical rectangular subdivision. Topography may well dictate a subdivision plan other than the grid. The developer constructs a house or apartment — a physical structure — for an expected clientele; but, more importantly, he provides something more nearly approaching a total housing package. People who will buy his houses or rent his apartments are concerned with the nature of the community, with the kind and quality of public facilities of every type, with general location, with transportation to the central city and elsewhere, and with other factors, none of which are under the primary control of the developer. He may choose his site with these factors in mind, but as a general rule he must adapt to them, rather than altering them, although he may be able to influence public action with respect to some of them. Considerations of architectural style, variety, and standardization influence the prospective occupant. He is also interested in the household appliances and conveniences installed in the house. Lastly, the developer must decide whether to sell or to rent the housing unit he builds. Virtually all suburban construction of single-family homes has been for sale; apartments are usually rented but may be sold under a condominium arrangement. Even when the property is rented to the occupant, the developer may sell it to a person or firm who is more interested in investment and more capable of property management than he is. The cities and the counties have had the greatest impact upon the direction and rate of suburban growth, in ways that have greatly influenced if not determined which specific tracts would be used, for what, and when. When the boundaries of a city are so far-flung that suburban-type development can take place within its legal boundaries, then it is the city which exercises power over residential growth. More commonly, the suburban growth takes place in unincorporated areas outside of any city (in the legal sense), and the legal powers and actions of the county as a unit of government are determinative. A very large number of local governments exercise various powers with respect to planning, zoning, subdivision regulation, housing codes, and other aspects of urban and suburban development. These functions may be exercised by part-time boards of citizens, often unpaid, as well as by official units of government. Cities and counties have the power to make land use and other plans; develop zoning regulations; promulgate control ordinances over subdivision procedures and methods; develop and enforce building codes; provide a range of public services, which may include water, electricity, and gas, either directly or by power companies under governmental regulations, sewerage, schools, roads and streets, parks, and a host of other services required or desirable for modern urban living.14 These legal powers are exercised with greatly varying diligence and skill, and for different policy ends. Cities and counties have the power to make land use and other plans; develop zoning regulations; promulgate control ordinances over subdivision procedures and methods; develop and enforce building codes; provide a range of public services, which may include water, electricity, and gas, either directly or by power companies under governmental regulations, sewerage, schools, roads and streets, parks, and a host of other services required or desirable for modern urban living. These legal powers are exercised with greatly varying diligence and skill, and for different policy ends. In addition to the police power, local government has several other broad types of legal powers which are or can be used in the suburbanization process. The power of eminent domain enables government to take private property, for a fair compensation, for a public purpose. The definition of a reasonable public purpose has surely broadened over the past several decades — urban renewal and public housing are accepted today, when a generation or more ago they were not — and probably will broaden further in the decades ahead. Government also has the legal power to impose taxes, subject to limitations of fair treatment to all taxpayers, and in some jurisdictions subject to some maximum limit. While taxes as instruments of social policy — i.e., to encourage one kind of land use and to discourage another have generally been illegal, or not upheld by courts, or politically unacceptable, most taxes have some side effects in terms of private actions induced or restrained. Taxes in relation to services rendered, such as sewerage charges to repay costs of new sewer lines, have generally been used and upheld by the courts. If eminent domain is to be deployed to acquire property, several things need to occur. First, the condemnor is going to have to adopt a resolution that declares a public use and its intent to condemn or take specific properties. At this hearing, several things must occur. First, owners must be given legal notice that their properties are going to be subject to a taking. This is more than perhaps a general notice. Owners must receive specific notice served upon them. At the hearing, the condemnor will state its reasons for the condemnation, gather information that will justify the public use, and perhaps even declare the public use. Members of the public, including the owners, will then be given the opportunity to state their reasons for or against the decision to proceed with the condemnation. If your land or property is affected by zoning or the government is planning to take away your property, consult an experienced Ogden Utah real estate lawyer. Ogden Utah Real Estate Attorney Free ConsultationWhen you need legal help with a quiet title action, partition action, fixing any real estate issue 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
Can A DUI Case Be Dismissed At Arraignment? via Michael Anderson https://www.ascentlawfirm.com/real-estate-lawyer-ogden-utah/ A declaratory judgment action is essentially a request — typically by the insurer but often by the insured — that a court examine the relevant insurance policy provisions and declare the rights and obligations of the parties under the insurance contract. The declaration can address whether the insurer is obligated to furnish the insured with a defense in a pending lawsuit arising out of a third-party claim under a liability policy, or it can address the substantive issue of coverage under the policy for any first-party or third-party claim. For a number of reasons, insurers often prefer that the parties’ rights and To establish federal jurisdiction in a declaratory judgment action, two conditions must be satisfied. First, is the constitutional inquiry – the case must be a ‘case or controversy’ pursuant to Article III of the US Constitution. Second is the prudential inquiry – declaratory relief must be appropriate. Relief pursuant to the Declaratory Judgment Act also requires the establishment of standing under the statute. In determining whether there is a case or controversy, the test is whether the alleged facts demonstrate there is a substantial controversy between parties, with adverse legal interests, of such immediacy and existence so to warrant a declaratory judgment. In Johnson v. Shree Radhe Corporation, et al 2018 WL 1409973 (March 21, 2018), the United States District Court focused on statutory standing. There, Plaintiff filed an action in state court alleging injury arising from Defendants’ negligence. In addition, he included a claim under the Uniform Declaratory Judgments Act against Defendants, including Auto-Owners Insurance Company, which issued a policy to the remaining Defendants. Auto-Owners removed the case thereby triggering analysis under the Federal Declaratory Judgment Act. Plaintiff moved to remand. In Johnson, the court reiterated that under federal law, a plaintiff is not precluded from standing to sue an insurer simply because he is not a party to the insurance contract. An actual controversy can exist between an insurance company and a third party in certain circumstances. First, in the event the insurance company joins the third party in a case; a common scenario to those familiar with coverage issues. Insurers can generally establish their stake in the outcome of the underlying controversy based upon the injury they could suffer by having to pay a claim for which there is no valid coverage. Next, the court has also found a plaintiff, not a party to the insurance contract, has standing to sue the insurer in the event the plaintiff has secured a judgment against the carrier’s insured. In Johnson, however, Plaintiff was without a judgment, sought to enforce rights under a policy to which he was not a party, and under which he had no claims pursuant to the policy provisions. As a result of Plaintiff’s inability to establish a concrete injury, in the context of the declaratory judgment action, coupled with his inability to demonstrate a substantial controversy that effected the legal rights of the adverse parties, the court determined Plaintiff lacked standing and remanded the action. A Declaratory Judgment ExampleIn the case of insurance contracts, declaratory judgments help determine a policy’s coverage. It helps to define if coverage exists for a particular peril, whether the insurer is required to defend the policyholder from a third party’s claim, and whether the insurer is responsible for a loss when other insurance contracts also cover against the same peril. For example, a policyholder believes that his denied claim is unjust. As a result, he informs the insurer that he is considering a lawsuit to recover losses. The insurer seeks a declaratory judgment to clarify its rights and obligations with hopes of preventing the lawsuit. If a declaratory judgment indicates that the insurer is not obligated to cover the loss, the insurer will likely avoid litigation. If the judgment indicates that the insurer is responsible, then the policyholder is likely to sue the insurer to recover losses. Declaratory judgments originated in the early 20th century when states adopted a universal set of standards after the enactment of the Uniform Declaratory Judgments Act of 1922. In 1934, Congress enacted the Declaratory Judgments Act, which granted federal courts the authority to provide declaratory judgments. In federal court, the Declaratory Judgment Act is designed to afford parties threatened with a liability, but otherwise without a satisfactory remedy, a means of early adjudication of the controversy. The existence of a controversy is crucial, because the “case or controversy” requirement of Article III of the Constitution applies to declaratory judgments. The Declaratory Judgment Act, 28 U.S.C. § 2201(a) provides a federal declaratory remedy. The exercise of jurisdiction under the Act is not compulsory. There is a four part test for entertaining an insurance coverage action during the pendency of the tort trial in federal court; i.e.: (i) the strength of the state’s interest in having the issues raised in the federal declaratory action decided in the state courts; (ii) whether the issues raised in the federal action can more efficiently be resolved in the state court in which the action is pending; (iii) whether permitting the federal action to go forward would result in unnecessary “entanglement” between the federal and state court systems, because of the presence of “overlapping issues of fact or law”; (iv) whether the declaratory judgment action is being used merely as a device for “procedural fencing” – that is, to control the choice of forum in a race for res judicata or to obtain a federal hearing in a case otherwise not removed. DiscoveryDiscovery in coverage litigation is much different from discovery in tort litigation. The scope of discovery depends upon the issue. In duty to defend cases, generally, no significant discovery is needed by the insurer, since the duty to defend is based upon the allegations of the Complaint. Brohawn v. Transamerica Ins. Co., 276 Md. 396, 347 A.2d 842 (1975). However, since insureds may rely upon extrinsic evidence to bring an action within coverage, discovery may prove helpful to the insured. In duty to indemnify cases, the evidence is generally limited to that produced at the underlying tort trial. In “bad faith” duty to settle within policy limits cases, more extensive discovery is permitted. Whether information as to other claims and lawsuits is discoverable is an issue for the trial court. Most courts find it marginally relevant at best and either not discoverable or subject to limited discovery. North River Ins. Co. v. Mayor and City Council of Baltimore, 343 Md. 34, 67, 680 A.2d 480, 497 (1996)(“[t]he numerical majority of the cases deny any discovery of the records of other insureds, either on the ground that it will not lead to the discovery of relevant evidence, or on the ground that the relevance is so clearly outweighed by the burden of production that production is denied”). DepositionsAs with discovery in general, the purpose and goals of the deposition vary depending upon whether the suit concerns the duty to defend, the duty to indemnify or 5 “bad faith.” In a duty to defend case, policy language and the allegations of the complaint drive the court’s determination of coverage. Hence, it is rarely useful to depose the adjuster in a duty to defend case. The handling of the file and the insurer’s reasons for denying coverage or reserving rights are not relevant to the determination of coverage by the court. The same goes for a duty to indemnify case, where the jury verdict sheet or the evidence adduced at trial – not the reasons the insurer accepted or denied coverage – determines coverage. Insureds, however, tend to notice the deposition of the claims adjuster as a knee jerk reaction. Of course, in a bad faith case, the issues concerning handling of the file and settlement negotiations make the deposition of the adjuster central. The deposition of the insured is useful in a duty to defend case to flesh out any extrinsic evidence the insured relies upon and the related factual basis of the underlying plaintiffs’ allegations, such as whether the insured intended or expected the plaintiff’s injury or whether the putative insured had permission to drive the insured motor vehicle. Further, it is an opportunity to pin down the insured’s claim that extrinsic evidence brings the case within coverage. Experts generally should not be permitted to testify since the policy is interpreted based upon its plain language as understood by laypersons. Burden of Proofyou have assembled your evidence, you have to prove your case. The insured has the burden of proving every fact essential to his or her right to recover. The insurer has the burden of proving any exclusion under the policy. The insurer has the burden of proving prejudice from the insured’s violation of a notice provision. The insurer has the burden of proving that the insured made a misrepresentation in the application for the policy. Lost policies require the proponent to establish the fact of loss and terms and conditions of the policy by clear and positive evidence. a. Allocating a verdict between insurer and insured Who has the burden of apportioning the loss between covered and uncovered damages when there is a general verdict? Allocation is simple where the verdict is distinguished between covered and uncovered claims. If there is no specific allocation, the court must determine what portion is allocated to covered claims. Generally, the insured has the burden of proving a loss is within coverage. Where the verdict is mixed, it remains the insured’s obligation. A few courts have shifted the burden to the insurer in some situations, such as where the insurer controlled the defense and failed to request special jury interrogatories to allocate the verdict. Some Federal Courts have permitted insurers to intervene pursuant to FRCP Rule 24 to request special jury interrogatories or a verdict form. When Do You File a Declaratory Judgment ActionIn addition, even if you decide to bring the duty to indemnify as part of the declaratory action, once you have obtained a partial summary judgment on the duty to defend, the carrier will normally feel comfortable in withdrawing from the defense of the underlying case. Certainly, no one can say that the carrier is acting unreasonably if the court has already agreed as a matter of law that there is no duty to defend. A second consideration is whether it makes business sense to undertake the costs that go along with a declaratory judgment action. Even in a relatively simple case, it may take $10,000 to $20,000 to obtain a summary judgment on the duty to defend. If the claim could be settled for that amount, or if the defense costs in connection with the underlying case are not likely to be substantially more than that, it may make not make sense to file a declaratory judgment action. In other words, are the costs justified by the potential benefit of a ruling on coverage? On the other hand, where there is a denial of coverage, the analysis is more straightforward. One of the first considerations is whether the insured will agree that there is no coverage and, therefore, will not likely bring a breach of contract or bad faith action. If the correspondence and actions of the insured make it clear that the insured does not dispute the carrier’s position, then a declaratory judgment action may be unnecessary. However, keep in mind that if the stakes are high enough you’ll need attorneys like those at Ascent Law to help you. Free Initial Consultation with a Utah AttorneyIt’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 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
What Is Consideration For A Contract? Enforce Out Of State Divorces In Utah via Michael Anderson https://www.ascentlawfirm.com/declaratory-actions-and-insurance/ If you are having a joint account holder and your partner files for bankruptcy it will not discharge your debts. There are many factors that determine how bankruptcy affects a joint account. The “discharge” of debt in a bankruptcy case only relieves the liability of the debtor who filed for bankruptcy. The joint account holder who has not received a discharge may still be liable for and legally obligated to the creditors. You should plan ahead for bankruptcy. By doing so, you can sort out the complex issues concerning joint accounts. If you are a joint account holder and you are planning to file for bankruptcy, speak to an experienced American Fork Utah Bankruptcy lawyer. Co-signersWhile a single person can only file for individual bankruptcy, a married couple can file a joint bankruptcy petition. Whether you file a joint bankruptcy petition or an individual petition, the effect of bankruptcy on co-signers are the same. In Chapter 7, the creditors can seek to recover the debt from the co-signer but Chapter 13 provides protection to the co-signer as long as the bankruptcy plan is active but once the plan closes, the creditors can seek to recover the debt from the co-signers. The effect of bankruptcy on co-signers also depends on the type of debt. The debt must be a consumer or personal debt and not a business debt. Also the co-signer can avoid liability if he or she can prove that he or she is not the recipient of any benefits from the debt proceeds. Joint account holdersThe liability of joint account holder in bankruptcy depends on various factors. A joint account holder who shares signing authority with the debtor is not liable, simply for that reason, for the debts. The debtor’s interest in a joint account is an asset of the bankruptcy estate. The liability of a joint account holder in bankruptcy can be reduced if the he or she can offer proof that only a certain amount of the money actually belongs to the debtor, or that the debtor’s name is on the account merely as a convenience and it is the joint account holder who really owns the account. Debts incurred after bankruptcy filingThe joint account holders will not be liable for the debts incurred by the bankrupt after the filing of the bankruptcy petition. You should seek the advice of an experienced bankruptcy attorney if you have a joint account and you are considering filing for bankruptcy or your joint account holder is filing for bankruptcy. You must plan ahead for bankruptcy. With proper planning and the right advice, a joint account holder and a co-signer can protect themselves if the other joint account holder or co-signer files for bankruptcy. Cram Down Investment Property Debt with BankruptcyYou can cram down a loan amount with bankruptcy. A major benefit of Chapter 13 bankruptcy is its cram down provision. Cram down is a court ordered reduction of the balance of a secured loan. Cram downLegally, it is possible to cram down a loan amount with bankruptcy. In a cram down, the bankruptcy court splits the outstanding mortgage balance into two parts. The amount of debt equal to the current appraised value of the security is treated as a secured claim, which the debtor must continue to pay. The amount of debt in excess of the current property’s value becomes an unsecured claim, which is usually not repaid in full. Chapter 13Debtors considering bankruptcy can file Chapter 13 on investment property. The Chapter 13 cram down provision allows debtors to retain collateral as long as they offer repayment of the secured claim or fair market value of the collateral in their repayment plan. If you have investment property, you should file Chapter 13 on investment property. The cram down provision has a threefold effect. First, it reduces the amount of the secured claim to the value of the property at the time the bankruptcy plan is confirmed. Second, it provides the debtor with more time to pay the loan. Third, it reduces the value of interest to the prime rate. Use it to your advantageIf you have investment or rental property and you are considering bankruptcy, you should use the cram down provision to your advantage. You can reduce the investment or rental property mortgage with a cram down. All you need to do is keep the rental property under bankruptcy. Filing for bankruptcy is a complex process. There are numerous forms to filled up and submitted. To avail of the Chapter 13 cram down provision, you must fill and submit the required forms. Even a small error can prevent you from availing the benefit of the cram down provision. Contact an experienced bankruptcy attorney. He or she can advise you on how to keep rental property under bankruptcy and reduce rental property mortgage with a cram down. You can cram down the debt by paying the current value of the security in full plus interest with the remaining balance paid as little as a penny for every dollar owed. File Bankruptcy Before Using Retirement FundsUsing your retirement funds to prevent bankruptcy is not a wise idea. Do not exhaust your retirement funds before filing bankruptcy. Retirement accounts are exempt from bankruptcy. Protection under lawThe Employee Retirement Income Security Act of 1974 (ERISA) and the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) provide federal protection for retirement assets upon bankruptcy. However, there can be significant differences in protection based on the type of retirement account. Retirement AssetsYour 401k is exempt from bankruptcy. Your IRA is protected by bankruptcy. However if before filing bankruptcy, you use your retirement funds as a collateral for any debt, the creditor can come after your retirement funds. Until 2005, whether a retirement asset was exempt from bankruptcy depended whether the retirement plan holding the assets was an ERISA or a non-ERISA retirement plan. For non-ERISA retirement plans, the level of protection was determined by the laws of the debtor’s state of residence, while the protection for ERISA plans was based on federal law. Choosing the right chapterIndividual debtors generally file for bankruptcy under Chapter 7 or Chapter 13. Chapter 7 is a liquidation process wherein the debtor’s assets are liquidated by the bankruptcy trustee to pay off the creditors. In Chapter 13 the debtor makes payments according to the payment plan approved by the creditors. In Chapter 13 the debtors retain the possession of his or her assets. You should seek legal bankruptcy advice from an experienced bankruptcy attorney to determine which of the two chapters is better suited for you. A business can also file for bankruptcy protection under Chapter 7. However a Chapter 7 bankruptcy is more drastic than a Chapter 11. When a business files for bankruptcy under Chapter 7 a bankruptcy trustee appointed by the bankruptcy court will take over the assets of the business and liquidate them to pay of the creditors of the business. Most large business file for bankruptcy protection under Chapter 11. Chapter 11 bankruptcy is a form of reorganization. Once you file your bankruptcy petition under any chapter of the bankruptcy code, the stay prevents your creditors from contacting you or continuing any collection activity against you. The creditors cannot file a lawsuit to collect the debt once the automatic stay in is operation. Consult with an Utah experienced bankruptcy attorney. The attorney can review your circumstances and adviser you on the chapter most suited for you. Means TestsThe Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) introduced a means tests as a criteria for Chapter 7 filing. Debtors who do not pass the means tests may be eligible to file under Chapter 13. If you are considering bankruptcy, seek legal bankruptcy advice from an experienced Utah bankruptcy attorney. Chapter 13 is best suited if you have a regular source of income. A Chapter 13 proceeding can only be filed by individual debtors. To be eligible for filing under Chapter 13 of the bankruptcy code, you must be an employee, self employed or operating an unincorporated business. Chapter 13 is also referred to as the wage earner’s plan. To be eligible you must demonstrate that you have sufficient income after deducting certain slowed expenses to meet the repayment obligations under the Chapter 13 plan. Unlike a Chapter 7 bankruptcy where your non-exempt assets taken over by the bankruptcy trustee, you can keep your assets in a Chapter 13 bankruptcy. You must submit a payment plant to the bankruptcy court. In the payment plan, you must specify how you intend to pay off your debts. Filing under the wrong chapter can have serious consequences on the outcome of your bankruptcy proceeding. Don’t take chances. Seek the assistance of an experienced American Fork Utah Bankruptcy lawyer. Automatic StayWhen you file for bankruptcy under Chapter 7 or Chapter 13, an automatic stay comes into operation by law. When the stay is in operation, creditors cannot contact you or initiate or continue collection activity. If you are facing foreclosure, you can use bankruptcy to stop foreclosure. The automatic stay stops foreclosure during the operation of the stay. You can to permanently stop a foreclosure with Chapter 13 bankruptcy. If you make payments according to the Chapter 13 plan and include your mortgage debt in the plan, you should be able to permanently stop foreclosure. A Chapter 7 bankruptcy will temporarily delay foreclosure while the U.S. Bankruptcy Court works out the details. It can buy you 45 to 75 days. Bankruptcy is a complex process and is best left to the experts. If you are considering filing for bankruptcy, you should hire the services of a personal bankruptcy lawyer. The benefits of a personal bankruptcy lawyer are immense. Why you need a personal bankruptcy lawyerBefore deciding to file bankruptcy yourself, ask a few questions. Bankruptcy lawyers are professionalsBankruptcy lawyers are professionals who know how to work with the legal system to make the process of discharging debt as quick and painless as possible. There are few people like a bankruptcy lawyer who are knowledgeable enough about law to handle an immediate or emergency request for filing from the court and one minor error can lead to debts not being discharged or the bankruptcy being drawn out over months and months. The qualified bankruptcy advice you will get from an experienced American Fork Utah Bankruptcy lawyer can be priceless for pre-bankruptcy planning and for chalking out a successful bankruptcy strategy. The attorney will also help you choose the bankruptcy chapter most suited for you. BenefitsIf you are planning to file bankruptcy, it is important that you know about bankruptcy laws. The knowledge of these laws will help you to take informed decisions and facilitate you during the entire process, from the filing of bankruptcy to its discharge. A personal bankruptcy attorney can provide you with qualified bankruptcy advice. Planning and strategy are very important when filing bankruptcy. An experienced American Fork Utah Bankruptcy lawyer can assist you with pre-bankruptcy planning and to chalk out an effective bankruptcy strategy. Getting legal helpDebt which is riding over your head can be discharged in bankruptcy and the fee of an attorney to handle the filing is nothing compared to the consequences on your personal life if bankruptcy proceedings go wrong. A proper bankruptcy filing will protect assets from bankruptcy. Although you can file bankruptcy yourself, don’t risk the potential negative outcome to save a few dollars. American Fork Bankruptcy Lawyer Free ConsultationWhen you need legal help with a bankruptcy in American Fork Utah, please call Ascent Law LLC at (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
via Michael Anderson https://www.ascentlawfirm.com/bankruptcy-lawyer-american-fork-utah/ An arraignment refers to the first time you appear before a judge after an arrest. This should happen within the first 72 hours after your arrest. When you are taken before a judge after being arrested, you are referred to as a defendant. As a defendant, it is advisable to get a lawyer before your arraignment. If you cannot afford one, the court you appear before will offer a lawyer for you. An arraignment gives a defendant an opportunity to enter a plea of guilty or not guilty once charges are read by a prosecutor before a trial date is determined. You can get your case dismissed on an arraignment day and avoid going to trial. Uncover all the details regarding your case before the arraignment day. This should include copies of the arresting officer’s notes, names of witnesses and their contact details, photos and videos from the crime scene, maps or diagrams the prosecution intends to use at your trial, and any written evidence on which the case will be based. Go through all the information available, and determine if there are some inaccuracies. There are some instances when the prosecution is misinformed because arresting officers may not get all the case details right. If any information contained in the crime reports is not accurate, this can be your basis to request a judge to dismiss your case during an arraignment hearing. Present all the information that you have gathered to your lawyer, and discuss the best way to proceed. The lawyer can file a motion to dismiss on the basis that the prosecution has based its case on false information. Wait for the arraignment day and when the court reads your charges, your lawyer can present the information you gathered regarding your case. If the information you have is convincing, a judge can rule that the prosecution does not have adequate evidence to bring up charges against you and the case will be dismissed. In some instances, the judge may issue an Adjournment in Contemplation of Dismissal. This means that your case can be dismissed within six months from the arraignment day if you avoid arrest during this period. If a defendant gets arrested, the case will be brought up again. Some criminal defendants are better off negotiating with the district attorney early in their case to minimize the consequences. Defendants who believe the case against them is very weak often ask whether it’s possible to negotiate a dismissal before the arraignment. Unfortunately, this possibility generally exists only for defendants who hire private attorneys prior to arraignment. Defendants who are represented by court-appointed counsel often do not even have counsel appointed until the time of arraignment. And a self-represented defendant should not risk additional legal difficulties by discussing the case with a prosecutor before arraignment (assuming that a prosecutor would agree to meet with the defendant in the first place). During an arraignment, the charged suspect is called into court by a judge who does the following: • Inquires whether the defendant has an attorney or needs one appointed • Reads the charges against the defendant • Asks how the defendant pleads to the charges • Determines the bail amount • Schedules future court dates for further proceedings • Hands over initial discovery to the defendant (or the defendant’s attorney), which is usually: 1. Copies of police reports; 2. Results of chemical tests; and 3. Results of blood tests. Every defendant has a right to a speedy trial so courts try to speed up every process. After a DUI arrest, you should be arraigned within a few days and you will be read your charges by a judge and your request for an attorney will be granted. When preparing for your DUI arraignment hearing, you should be prepared whether you want to plead “guilty”, “not guilty”, or “no contest”. If you go to your arraignment unprepared and do not enter a plea, the judge will enter a “not guilty” plea for you on your behalf. If you plead “not guilty” at your DUI arraignment, the judge will set a date for the pretrial hearing. The pretrial hearing usually occurs within 90 days from the date of your DUI arraignment. If the crime is serious enough and the defendant faces the possibility of jail time if convicted, the individual being arraigned has a constitutional right to an attorney. Police departments and judges everywhere are very aware of this right, and should immediately spring to action when a request for counsel is made by a DUI suspect. Even if the suspect cannot afford an attorney, the court will appoint an attorney at no cost. A DUI lawyer will be able to make the right strategic decisions regarding time waivers, whether to accept a plea bargain, or a number of other considerations. A criminal defense lawyer may be able to appear on your behalf without you showing up to court. A common misconception potential client is that a judge will look at their case at the arraignment and just “throw it out” based on their specific situation. This is simply not the case. In fact, the only way a judge can throw out a case (specifically a criminal case, not a civil traffic infraction) is under a few limited circumstances. First, we must understand what happens at an arraignment. The arraignment date is set after an arrest, and it is for the State to announce which charges they are filing. In Utah, rules of criminal procedure “The arraignment shall be conducted in open court or by audiovisual device in the discretion of the court and shall consist of the judge or clerk or prosecuting attorney reading the indictment or information on which the defendant will be tried to the defendant or stating orally to the defendant the substance of the charge or charges and calling on the defendant to plead thereto.” Simply put, at arraignment, the State will read the charges and the defendant will plead guilty or not guilty. The judge certainly won’t look at the evidence to determine if the state has enough to move forward. This was done at first appearance. In reality, unless there is an evidentiary issue, the judge really won’t look at the facts of your case until the time of trial. You must think of a judge as an umpire in baseball. He or She is only looking to call “balls” and “strikes.” In other words, until the judge is asked to make a ruling on the discovery, or evidentiary issue, he or she won’t have any involvement in your case other than to move it along. Many people have their cases dismissed during the pretrial phase. That dismissal may not necessarily be from a judge; rather it’s a State’s Dismissal. In Utah Rules of Criminal Procedure, there are four different reasons the judge can throw out a case pretrial. • The defendant is charged with an offense for which the defendant has been pardoned. • The defendant is charged with an offense for which the defendant previously has been placed in jeopardy. • The defendant is charged with an offense for which the defendant previously has been granted immunity. • There are no material disputed facts and the undisputed facts do not establish a prima facie case of guilt against the defendant. The facts on which the motion is based should be alleged specifically and the motion sworn to. Specifically, the most common reason for a judge to throw out a case is under subsection. A person who is unrepresented by counsel rarely has the insight to file a motion properly under this rule. So, when someone is suggesting they go to court without a lawyer to see if the judge will throw the case out they are operating under false pretenses. At the arraignment hearing, you will be asked to wait until your name is called. You will be with a number of other defendants awaiting their arraignments or other pretrial hearings. Once you are called in front of the judge, he or she will inform you of a few things: • Charges: The judge will inform you of the charges being brought against you, and the potential punishments. • Right to an Attorney: The judge will then tell you that you have a right to an attorney. If you have selected one, he or she should be present with you and inform the judge of their representation at this time. If you do not have enough money or are under certain circumstances that prevent you from obtaining a lawyer, the court can appoint a lawyer for you to represent you in court. After the arraignment, depending on the judge, if you were held in jail you may be released or there may be a bail amount set for your release. Before a trial can begin, you and your attorney will want to begin preparing. The pre-trial period can be up to about 45 days, or sometimes 30 days if you are being held in jail for a misdemeanor. During this time period, you will have to bolster a solid defense for your trial. You may change your plea to guilty at any time, and your attorney can continue negotiating pleas with the prosecutor as well. If the case is going to go to trial, there are a few things that can be done to prepare for trial. Discovery is the exchange of information relevant to the case between the prosecution and the defense. Each side will be able to see what evidence is being gathered and what method of defense will be employed. In some cases, this may be the only way for a defendant to review the information included on the actual police report the prosecution is using. While it may seem like bad news that your attorney has to reveal what defense strategy will be used, discovery is actually vital to putting up a good defense against the prosecution. At times, overzealous and unwarranted police action can result in evidence being obtained against you that is not relevant to the case, that is obtained illegally, or that should not have been obtained in the first place. When this happens, your lawyer can file a motion to suppress the evidence that was obtained in this manner. Often times, this motion can be written and sent to the court. However, at times your lawyer and the prosecution may need to have a suppression hearing in front of the judge to determine the next proper course of action. The judge makes the final ruling in these hearings. If your lawyer is successful in suppressing evidence, you may see different charges, or the prosecution may not be able to hold a case. Felony crimes often result in the detention of the defendant. After a plea is entered you will either be released or you will have to post bail. The judge will set your bail amount based upon the crime, any danger you may pose to the community, and the overall risk of you leaving the state. If you must be detained, and do not post bail, law enforcement will bring you to and from the hearing. Felony charges carry much more serious consequences than any misdemeanor charges. They have the ability to affect your life for years to come. Because of this is, it is advisable to obtain an experienced defense attorney if you are facing any felony charges. At the preliminary hearing, you are not on trial for your crime. The prosecutor is charged with the burden of adequately demonstrating there is probable cause you could have committed the crime. This means, that instead of proving your guilt beyond a reasonable doubt, the prosecutor will be trying to prove that there is a reasonable possibility that a crime was committed and you are the one responsible. The prosecutor is also responsible for showing probable cause for any prior convictions they wish to factor in, any enhancements or aggravating circumstances to the crime, and any other relevant items that could affect your charges. Similarly, the judge must ascertain whether or not there is valid reason to move forward to a trial. The judge can either move forward with the trial, or if the prosecutor cannot prove sufficient probable cause, can dismiss the entire case altogether. The judge can also reduce a felony charge to a misdemeanor charge if he or she deems it necessary. Your lawyer can also make a motion for the dismissal of the charges against you due to invalidity. This is possible after the preliminary hearing, or after suppression motion is approved. If the judge approves, some or all of your charges can be dropped or changed. The Pitches motion calls into question the conduct of the officer who performed your arrest. If the arrest was done with malice, and the officer has a history of brutal actions or misconduct, you may see the charges leveled against you rendered as invalid. This is a common motion for people who are victims of racial profiling, predatory policing, excessive force, evidence planting and entrapment. A motion typically calls for a hearing between the judge and the officer in question. After the hearing, any relevant files will be released to the prosecution and your attorney. A Serna motion is used to suggest a dismissal of charges based upon a violation of your right to speedy trial. If you spend a considerable amount of time between your arrest and your arraignment or trial your lawyer may want to argue that the delay was unconstitutional. This motion can also be used if the prosecutor deliberately delayed your case and especially if the effects of the delay were to the detriment of your defense. While these motions are going on, it is also possible for plea bargaining to continue. The prosecutor may offer reduced sentencing and charges if any of your attorney’s motions are successful. Before the trial can even begin, the defense, the prosecution, and the judge must gather to select a jury to hold the trial with. Jury selection is a long process that involves both sides and the judge asking questions and making motions to either keep or remove potential jurors based on their perceived ability to make impartial and fair decisions. The process of jury selection is known as “voir dire”. During voir dire attorneys from both sides can reject jurors by issuing what is called a “challenge,” challenges come in two forms: • For Cause: A challenge for cause is the motion to remove a juror based on a reason provided by the attorney. The judge makes the decision as to whether this cause is valid. • Peremptory: A peremptory challenge is the motion to remove a juror without valid reason, or with no reason given. Each side only has a limited number of these to use. DUI Lawyer Free ConsultationWhen you need legal help with a DUI 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 To Break A Prenuptial Agreement Write A Business Plan Before You Start A Business via Michael Anderson https://www.ascentlawfirm.com/can-a-dui-case-be-dismissed-at-arraignment/ We live in an ever-increasingly litigious world, surrounded by self-interests vying for a piece of us and some degree of retribution, and often we are totally unaware of what we could have, or should have, done differently. This fire is fanned by a burgeoning population of lawyers, cranked out of the law school machine, in ratios of lawyer-to-population numbers beyond our imagination. We also train, study, and work in jobs that often give us a unique perspective on how something might have been done better, safer, or with the avoidance of the subject consequences. If so, we may be sought out to testify in the ever-intimidating environment of the courtroom. When performing your normal job—say, as a scientist, professional, or supervisor directed to perform routine audits of someone else’s job, for whichever side of an issue you are working on—one of your primary tasks may be defined as a duty to anticipate, recognize, evaluate, document and advise. If you have been asked to appear as an expert witness in a Utah family law case, speak to an experienced Farmington Utah family lawyer. As an expert witness in the case, you will most likely be given a great deal of discovery material to review. The eventual opinion testimony you will offer at deposition or time of trial will be made up of two portions: (1) case specific testimony, and (2) generic testimony from your background, training, and experience. Whether formally tasked or not, you will examine the discovery materials in light of your expertise and establish your foundation for giving case-specific testimony. A skilled trial attorney will generally give you only those items of discovery that are necessary to your testimony. If you are working for the plaintiff, you will be given the deposition volume of the day of direct testimony and possibly relevant excerpts from the cross-examination testimony. If you are working for one of the defense lawyers, you will only be given that portion of the testimony that is relevant to the defendant in question. In the defense posture, you may also be asked to focus on another defendant’s area of involvement, as your attorney-client is interested in shifting the blame from his or her client onto another defendant’s area of exposure. Interrogatory ResponsesInterrogatory responses are sets of questions that go back and forth between plaintiff and defense counsel to find out facts that are critical to the development of their case. The questions go to the opposing counsel but are answered and sworn to by the parties in the case or by their attorneys. Reading these interrogatory questions and answers can be difficult for the expert witness, as they are worded in “legalese,” which is not familiar to most people. Most lawyers will attempt to direct or groom even the most experienced percipient or expert witnesses prior to deposition or trial testimony. The more prestigious or financially rewarding the case, the more extensive and time-consuming is the preparation prior to the giving of pivotal testimony. A frequently expressed desire—often a request or even a demand—on the part of both defense’s and plaintiff’s lawyers is that you limit your testimony to the specific response required to answer a question. In deposition or trial, it is called being responsive to the question. More simply, this means that if the question calls for a yes or no answer, that’s all that you should say. Saying more will often elicit the evil eye or a kick under the table. Many questions will be specifically worded in such a manner that the only reasonable answer is yes or no. If the question is not worded in that manner, you are generally free to ramble on with a narrative until someone stops you. Narrative answers to questions are generally frowned upon, by opposing counsel and the court, but can be gotten away with if you first answer responsively with a yes or no and then request of the attorney or the court that you might need to explain that answer. Generally, the explanation is permitted and can be used to clarify a possibly misleading question that has been answered with just a yes or no reply and that might confuse your opinion. If the explanation is disallowed, your attorney can probably rehabilitate your testimony in redirect questioning and cover the issues that were precluded during cross-examination. Anticipating QuestionsIt doesn’t take many depositions or trial experiences for the expert witness to begin to understand and even anticipate what lawyers are going to do and say. The who, what, when, where, and why deposition questions are considered easy to deal with, but on occasion these same questions are setting you up for a totally different line of impeachment questioning that only surfaces at time of trial. Who you are is probed and explored to establish the details of your background and credentials, and also to offer a detailed palette of comparisons from that of the expert on the other side. This paints a scenario of questions to undermine what expertise you profess. When you sit in deposition and hear questions asked that were obviously written by someone knowledgeable in your field, you need to answer with care and respond as if these questions were posed in trial. What your role is anticipated to be, in this particular case, is a critical area of pursuit by the other side due to the exclusion of testimony that was not discovered during your deposition. Questions that are frequently asked are, “What were you asked to do in this case?” or “Are these all the opinions you intend to offer at time of trial?” These are asked in order to limit your ability to testify on subjects beyond what the inquisitor has asked. A reasonable response would be to indicate that these are your general opinions and you cannot anticipate what might be asked either in direct questioning or cross-examination, nor what the subject of a posed hypothetical question might be. This leaves your attorney with the opportunity to go beyond the questions posed by the opposition’s deposition inquiry. When you were first contacted for a case can be important. Were you a lastminute addition, or have you been working on this case for some time? This is where your case file and the record keeping you do can be crucial. For each case, there must be only one file into which everything related to that case is contained. Your case file should include time sheets, billing records, e-mail, letters of communication and record transfer, any notes made by you related to anything in the case, and any research or articles you will be relying on when you testify. Attorney–Client PrivilegeA very important facet of expert-witness testimony, which you may only learn by accident, is that anything you say or discuss with the attorney who hires you is discoverable! The protection of attorney–client privilege does not extend to expert witnesses. If the attorney is new to litigation, inexperienced, or semiconscious, you may need to remind him of the discoverability of longwinded discussions on legal theory, and that you don’t need to know this information in order to perform your work. Another point to remember is that anything you bring into the courtroom is fair game for examination. If you did not bring your file, you cannot be ordered to submit it to the opposing attorney. If the judge can be convinced that you are hiding something in your briefcase, she can order you to turn it over to counsel for examination. Bring to the court only what you absolutely need for your testimony, and nothing more. This type of embarrassment has actually befallen me in trial, and this was a hard-earned lesson. It obviously could have been worse if, at the hotel, a pair of dirty underwear had been inadvertently stuffed into my briefcase and forgotten until this moment of truth. The deposition is an informal setting in which questions are asked of a witness, and the answers given have the force and effect that they would if given in a court of law. The attorneys present make their objections to what they consider any inappropriate questions. The only difference is that, unlike at the time of the trial, no judge is present to rule on the objections. If you are a witness for the defense, your deposition will generally be taken by the plaintiff’s attorney. Conversely, if you are a witness for the plaintiff, you will generally be deposed by the defense attorney. On occasion, the attorney who hires you will be asking you questions when doing what is called a perpetuation deposition if you will be unavailable for trial. At the start of the deposition, the court reporter will swear you in by administering an oath to tell the truth and nothing but the truth. Historically, the oath was sworn by placing a hand on a holy book and pledging to tell the truth. This custom has essentially disappeared from the modern deposition or courtroom except where seen in the movies or on television. Prior to the start of the deposition, a witness will be given an estimate of the time that is to be allotted for the session. An expert deposition can range from under an hour to many days. It has been my experience that the skill of the deposing counsel can be quickly judged by all present when the questioning pattern avoids redundancy and is specific and to the point. In some cases the prolonging of a deposition and extending a trial date can be a form of strategy. Once all witnesses are deposed and a trial date is set by the court, the two sides eventually go to a series of mandatory settlement conferences. These conference sessions, before a trial judge, are designed to expedite the process and encourage settling a case before the cost and effort of a trial are expended. Without settlement, and with a trial date growing near, a new onslaught of paperwork is submitted to the court in the form of motions. One form of motion that may involve an expert is a motion for summary judgment (MSJ). The MSJ is typically brought by the defendant in a case and essentially declares that the plaintiff does not have a sufficiently strong case to take to trial, and that the defendant should be dismissed. If this motion is granted by the court, the case is over. The plaintiff can oppose this motion, and the basis upon which it is offered, with the aid of a declaration signed by fact or expert witnesses who can contest the MSJ and suggest to the court that the case has a triable issue that must be heard by the jury. If you are asked to prepare, input, or sign such a declaration, take care to ensure that it clearly, truthfully, and exactly conveys your opinions, as it is signed under penalty of perjury.5 An important consideration in preparing or signing a declaration is to maintain an accurate file of each point of reference the declaration says you read or reviewed. Why you need an experienced Farmington Utah family lawyerAs an expert witness in a Utah family law case, the attorney of the party that appoints you as their expert witness will advise you. However, you should speak another attorney so that you know what is expected of you and what are your rights and duties as an expert witness. The party’s lawyer will be more interested in protecting the rights of his client whereas you will not have anyone to protect your rights. Farmington Utah Family Lawyer Free ConsultationWhen you need a family law attorney call Ascent Law LLC at (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
What Are The Benefits Of Getting A Legal Separation? via Michael Anderson https://www.ascentlawfirm.com/family-lawyer-farmington-utah/ The short answer is yes, but you must get a court order authorizing the sale. It’s best to speak with a Chapter 7 Lawyer Chapter 7 bankruptcy is known as the “new beginning” bankruptcy on the grounds that basically that is the thing that you get…a new beginning. The majority of your dischargeable obligations are released. Released in a bankruptcy term that just methods evacuated or deleted. Be that as it may, Chapter 7 bankruptcy is otherwise called a “liquidation” bankruptcy. This is on the grounds that when you document a Chapter 7 bankruptcy the majority of your advantages (with specific exemptions known as “exclusions”) become property of the bankruptcy domain and might be taken and sold by the Chapter 7 Trustee. A Chapter 7 bankruptcy won’t spare your home. On the off chance that you are behind on your home loan installments and the home loan organization is dispossessing, a Chapter 7 may slow down the abandonment for a brief timeframe, yet not exceptionally long. Furthermore, on the off chance that you make more than the normal pay for a family your size in the state where you live, you may not be qualified to document a Chapter 7.Chapter 7 bankruptcy is known as the “new beginning” bankruptcy on the grounds that basically that is the thing that you get…a new beginning. The majority of your dischargeable obligations are released. Released in a bankruptcy term that just methods evacuated or eradicated. Be that as it may, Chapter 7 bankruptcy is otherwise called a “liquidation” bankruptcy. This is on the grounds that when you document a Chapter 7 bankruptcy the majority of your advantages (with specific special cases known as “exclusions”) become property of the bankruptcy domain and might be taken and sold by the Chapter 7 Trustee. A Chapter 7 bankruptcy won’t spare your home. In the event that you are behind on your home loan installments and the home loan organization is abandoning, a Chapter 7 may slow down the dispossession for a brief span, however not long. Furthermore, in the event that you make more than the normal pay for a family your size in the state where you live, you may not be qualified to record a Chapter 7. Chapter 13 bankruptcy is proper in the event that you have enough cash to reimburse a part of their obligations. It enables you to keep your home since your bankruptcy trustee will set up a reimbursement plan with your loan bosses, including your home loan bank. In any case, you should need to sell your home while you are in Chapter 13 bankruptcy in the event that you are submerged on your home loan with no value or on the off chance that it is a second property that you are attempting to pay for. To proceed with the deal, you need authorization from the court and your bankruptcy trustee. This is because of the way that when you are experiencing Chapter 13 bankruptcy, the majority of your benefits have a place with the Chapter 13 home being overseen by the trustee relegated to your case. While you keep your advantages during the bankruptcy, you have no influence over them. This implies you can’t sell or renegotiate any of your advantages, including your home, without the trustee’s consent. The bankruptcy court must affirm the provisions of the deal before an indebted person closes on the property. This implies you should ensure the agreement for the clearance of your home incorporates an arrangement that expresses that the deal is liable to the endorsement of the bankruptcy judge. Your bankruptcy lawyer must tell the majority of your loan bosses before the property is sold. Your banks reserve the privilege to item to the closeout of your home. They additionally reserve the option to item to your reimbursement plan. You and your bankruptcy lawyer must unveil the subtleties of the proposed deal to both the loan bosses and the bankruptcy court before you can continue. Those subtleties will appear as a Motion to Sell and a Statement of Sale. You should document these with the trustee and court. The Motion to Sell will include: The Statement of Sale will give a definite record of all reasonings made and benefits earned from the clearance of the home. It will incorporate your home’s last deal value, shutting costs, how much your home loan moneylender is paid, and the measure of any remaining assets. When the Motion to Sell is documented, the court will plan a consultation to give loan bosses time to protest. Along these lines, set an end date for after the bankruptcy court has conceded endorsement for the deal. In the event that the court supports the movement, the deal can continue. All returns from the closeout of your home become some portion of the bankruptcy domain. These returns must be paid legitimately to the bankruptcy trustee. The trustee will at that point dispense the returns to the lenders. In the event that the closeout of your home enables you to satisfy your reimbursement plan, you could have the bankruptcy released not long after the deal. The trustee will favor the release, which will be marked by the bankruptcy judge. The last announcement from the judge demonstrates you are out of bankruptcy. The topic of lodging frequently comes up during discourses of bankruptcy. Numerous individuals expect that documenting consequently implies lost homes, however this isn’t generally the situation; by and large, one can keep one’s home. The central factor is commonly the value of the abode, and in the event that you are stressed over losing it during bankruptcy, it is moderately simple to decide if your home can be kept. You may profit by knowing this data before you approach your bankruptcy lawyer in the condition of the Utah. Property exclusions are government and state insurances against seizure of your home. These are quite certain; in Utah, your property exclusion can’t surpass $30,000 (or $60,000 in the event that you are recording together) for your main living place. This does not imply that you will lose your home if your house is worth more than that; the estate exception secures value, so as long as your value does not surpass your residence exclusion, you ought to be sheltered. On the off chance that you are not sure whether your home will be held onto paying little heed to the residence exception, you can generally ask your lawyer any inquiries you may have. On the off chance that you live in a home which is worth not exactly the sum you owe on it, you live in a home with no value. This is uplifting news for you in a Chapter 7; homes with no value are sheltered from being seized, as selling them would really be more terrible for your general bequest. This can be resolved with a tad of arithmetic; you can compute the value by including the home loans and liens on your home and subtracting them from the sum your home is worth on the present market. On the off chance that the appropriate response comes up negative, your home has no value. When you have determined your home’s value, you can choose whether or not you have to record a Declaration of Homestead. This is a structure you should finish which portrays the property, how much the property is worth, and your conjugal and documenting status. You can guarantee up to everything of $30,000 per individual documenting. There are sure uncommon cases in which the Declaration of Homestead may be denied; notwithstanding, addressing a moderate bankruptcy lawyer in Utah will enable you to see if or not your property qualifies. As should be obvious, your house is significantly more secured in a Chapter 7 bankruptcy than you may have been persuaded. When you document for an Utah bankruptcy your leasers must work through the bankruptcy court so as to recuperate anything. You additionally, be that as it may, can’t disperse or sell any of your property without the specialist of the bankruptcy court. You can’t offer inclination to any loan boss by giving that leaser property to settle any obligation. The U.S. Trustee has the sole intensity of the executives of your benefits except if held generally by the bankruptcy court. On the off chance that you sell your home just previously or soon after recording a Chapter 7 bankruptcy case, you should initially make sure that an exclusion ensures the value. Pretty much every framework incorporates a residence exception (the relevant sort), however the cutoff points change broadly. A few states enable you to ensure just $10,000 or less. In another, you can ensure upwards of $500,000. Numerous exceptions likewise defend the returns from a deal. Commonly, this assurance stretches out for a constrained period to allow you to reinvest the returns into another home buy. The time can be as brief as a half year or up to two years. Likewise, you may live in a state wherein the courts have presumed that the Chapter 7 trustee can’t gather the business continues regardless of whether the state law exception period has terminated. In any case, in case you’re depending on this sort of law (called “case law”) it’s essential to verify that your elucidation is right. In the event that you have huge value to ensure, you’ll need to meet with a nearby bankruptcy lawyer acquainted with the acts of your court. Any interview expense will be negligible contrasted with what you could remain to lose and definitely justified even despite the going with genuine feelings of serenity. For all intents and purposes all courts concur that the bankruptcy trustee can’t take the returns whether you sell the house after the bankruptcy case closes. Obviously, to keep the house in bankruptcy, you’ll should most likely absolved the value. In case you’re fortunate enough to live in an express that enables you to absolved your whole estate, you may understand enough cash from the deal to buy another house out and out with no financing. In any case, most indebted individuals won’t be so fortunate. The measure of cash you’re holding may be sufficient for an upfront installment on another home, yet that won’t support much if the bankruptcy harms your credit and you’re not ready to get a home loan. It more often than not takes two years after your bankruptcy release before you can meet all requirements for a FHA contract (on the off chance that you can show that you endured a passing hardship) and much longer for regular home loans. Since loaning rules can change, it’s a smart thought to meet with a home loan pro to talk about your specific case. For all intents and purposes in the province of Utah, all courts concur that the bankruptcy trustee can’t take the returns whether you sell the house after the bankruptcy case closes. Obviously, to keep the house in bankruptcy, you’ll should almost certainly excluded the value. In case you’re fortunate enough to dwell in an express that enables you to excluded your whole property, you may understand enough cash from the deal to buy another house out and out with no financing. Notwithstanding, most indebted individuals won’t be so fortunate. The measure of cash you’re holding may be sufficient for an initial installment on another home, however that won’t support much if the bankruptcy harms your credit and you’re not ready to get a home loan. It more often than not takes two years after your bankruptcy release before you can meet all requirements for a FHA contract (on the off chance that you can exhibit that you endured a passing hardship) and much longer for customary home loans. Since loaning rules can change, it’s a smart thought to meet with a home loan master to talk about your specific case. Each state’s exception laws shift essentially, and courts have reached various resolutions when they apply exclusion laws to continues. In the event that you have sold a house and you intend to declare financial insolvency, or in the event that you mean to sell soon, a certified buyer bankruptcy lawyer can reveal to you how a bankruptcy court will probably treat the business continues in your purview. Chapter 7 Bankruptcy Attorney Free ConsultationWhen you need legal help in a chapter 7 bankruptcy, please call Ascent Law LLC at (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
Criminal Defense Lawyer Layton Utah International Travel For Children After Divorce Employment Rights And Military Service via Michael Anderson https://www.ascentlawfirm.com/can-you-sell-your-home-while-in-a-chapter-7/ Your beneficiaries will receive the legal title of your estate only after when has been through probate. Even when there is a will, the validity of the will must be determined by the probate court. If a person dies intestate, the probate court will decide how the person’s assets are to be distributed to his or her heirs. In the absence of a will, the state law will determine the share of each heir. When an estate goes through probate, the beneficiaries must pay probate fees. You can legally reduce or completely avoid the cost of probate. Probate can also take a long time. Consult with an experienced Orem Utah probate lawyer. Probate courts in Orem Utah will generally direct the parties to a probate dispute to try and settle the dispute through mediation. Before you select a mediator for your probate dispute, speak to an experienced Orem Utah probate lawyer. Mediation is not really new. It is as old as the new testament and perhaps older. The Greek word for mediate means to stand between. People have always known that standing between two people in conflict can be helpful. What is new is that mediation has been rediscovered as a replacement for many of the present methods of addressing adversarial conflict. The mediation method encourages cooperating with and helping your adversary. This new way of thinking is gaining a foothold, not only in conflict resolution theory, but also in business. Mediation is most effective when the parties understand the differences between the mediation process and other processes, such as litigation or tribunal hearings. In litigation, or a case conducted before a tribunal, the emphasis is on putting the best case forward in an adversarial approach. Mediation however is flexible, non-confrontational, and allows the parties to be involved and exercise control over the outcome. The emphasis is on interests and concerns rather than legal issues, and all parties work together to formulate creative solutions. Whilst mediation is useful for resolving disagreement at any stage, it is best placed as a process when a solution could not be reached by negotiation, but before any more formal process. Since mediation has the status of a ‘without prejudice’ discussion and matters raised are confidential, the process can continue despite ongoing litigation. Effective mediators encourage active participation of all parties, listen carefully to the respective interests and feelings of the parties, and generate an atmosphere of openness. Many parties attending a mediation session for the first time are unsure what to expect or how to conduct themselves. In a negotiation, we normally know the ground rules, know what to expect and can anticipate how matters will proceed. Attending a tribunal or court can be daunting, but, again, most parties realize that proceedings will be quite formal and have some preconceived ideas about what is expected. In a mediation session, parties are often unsure whether they should be prepared for an informal negotiation or more formal proceedings. Clearly it is important that participants feel comfortable about their role as well as understanding what will take place. Part of the skill of the mediator is to create the right atmosphere and manage the expectations of the parties. There is always a tension between allowing everyone the time and space to resolve issues, and the fact that time is usually limited. Parties can ensure that time in the mediation session is used effectively by preparation before the day. Mediation is designed to be quick and easy. The process is flexible and designed to be user-friendly. Below, are some time-saving tips for parties getting ready to prepare and present their case at a mediation: • Choose a good mediator or mediation agency. Most mediation organizations will suggest a mediator or provide a list of suitable individuals. There may still, however, be some choice as to the actual mediator. • Verify the mediator’s experience and qualifications. There is absolutely no point in selecting a mediator who has no knowledge of probate law. • Understand how probate mediation works. Are there arrangements in place to ensure confidentiality? Where will the mediation be held? Will it be at the office of the mediator or do they parties have to arrange for a neutral venue? • Study your case. You don’t need to spend much time to effectively prepare yourself for mediation. Mediation is not litigation. During the mediation, you will be discussing the case with the mediator and not presenting evidence like in a trial. • Make a list of the main facts of your case along with the documents in support of your case and witnesses who can support your case. • Prepare a brief summary of the case that you can hand over to all the parties before the mediation. Do not hand over any confidential information to the other party. • You should know which are the essential documents that you need to support your case. Mediation aims to look at the future and not the past. • Review your case and understand your strengths and weakness. The review the other party’s case and make a list of their strengths and weakness. • Keep in mind your potential settlement range. How much are you willing to let go to put and end to the dispute as soon as possible so that the probate process can be completed and the will probated. • You need to know who will be attending the mediation – whether any one else besides the two parties and their attorneys will be attending the mediation and if so what will their roles be. • You should prepare and practice a short opening statement for the first joint session. After introducing yourself, explain the facts of your case and what you are seeking from the case. Be concise. Be graceful in accepting any weakness in your case. Be reasonable. If you are in agreement with any statement of the other party, let the mediator know your views. • Describe all previous attempts made by you to settle the dispute. Stress that you are keen to settle the probate dispute and move on. In probate mediation, everyone will be looking to what is in the best interests of the parties, even though there may be disagreement; it may be helpful to acknowledge this. • You should be willing to consider creative settlement options that may be suggested by the mediator. Nothing suggested by a mediator is binding on any of the parties unless it is signed by all the parties. The mediator must possess a number of skills. To facilitate effectively, the mediator should be a convenor, educator, communicator, counsellor, translator, questioner and clarifier, confidante, diplomat, manager of the process, reality-checker, creative genius, wordsmith and draftsperson. In summary, the mediator’s ultimate role is to do anything and everything within their power to assist the parties to reach a settlement. A mediator should not, however, feel personally obligated to ensure the parties reach a settlement, as trying too hard, or taking ownership or a personal interest in the resolution of the disagreement would be counter-productive. The parties bring their disagreement, and it must always be for the parties to arrive at their own solution with the assistance and facilitation of the mediator. Broker/case managerThe mediator or case manager should encourage the parties into the process, manage the interaction between the parties and arrange the mediation session, setting appropriate ground rules. Information sourceParties need to be educated about the process of mediation. This will include information on other alternatives, how issues can be addressed in mediation, what types of resolution can be expected and how these can be enforced. CounselorListening and empathy skills are essential in mediation. Parties must feel that their concerns are being taken seriously. Effective mediators often use visual aids, such as flipcharts to note the main points made by parties so that their contributions are explicitly acknowledged. In facilitative mediation, care must be taken to acknowledge concerns but not to side with one party or appear judgmental, which could compromise impartiality. InvestigatorThe mediator must look behind the problem to unlock the real obstacles to agreement. This may involve asking open questions and keeping an open mind. Parties’ statements need to be probed and important leads followed. TranslatorThe mediator should reframe, rephrase or explain communications where necessary to ensure that statements are better understood. Reframing is an important skill, especially useful in cases of strong communications, such as a demand for an apology. Every significant statement made in mediation should be summarized by the mediator who should check their own understanding. Assumptions can be damaging, and the process of clarifying and checking understanding also serves to build confidence and establish rapport. An effective mediator is an active listener who summarizes points made and ensures absolute clarity of communications. Keeping confidentiality and managing sensitive information is key to the effectiveness of the mediation process. A mediator should ensure that they present as a person in whom the parties may confide. By explaining the confidentiality of the process and refusing to compromise on this, and by checking what may be revealed at the end of each private session, the mediator demonstrates his/her commitment to confidentiality of communications and builds trust in the process. An effective mediator must be able to deal with tensions and emotions in a sensitive and impartial manner and without negative comment. Managing tensions is an integral part of the process, turning hostility or resentment into constructive thinking. An effective mediator is able to recognize when tensions may be useful in a shared environment, and when it would be better to split the parties and deal with them in private session. The mediation process allows such feelings to be aired. Once parties have had this opportunity, and observed the strength of emotions, the consensus-building approach can be started. Manager of the processThe mediator must build confidence in his/her own ability to manage the process and the interaction between the parties. For this, it is important to be clear, organized, decisive and confident, consulting all parties and developing a clear agenda. Parties will often challenge the decisions of the mediator, but after time an effective mediator comes to be trusted to suggest procedures for making progress, deciding the order of meetings, etc. Persuasion and presentation skills are important with the mediator appearing relaxed and engaged and presenting information positively. Maintaining authority must be balanced with a flexible approach. Reality-checkerAn effective mediator challenges assumptions, plays devil’s advocate and questions the practicality of suggested solutions. This is generally known as ‘reality-checking’ and an effective mediator is able to do so in a non-judgmental way, helping the parties to explore their own solutions and ensure that all perspectives are considered. The parties have to come up with their own solutions, but an effective mediator may offer options for consideration by asking creative questions. In the same way that apologies may need reframing, an effective mediator is able to come up with language acceptable to all parties in writing a memorandum of settlement. Good use of written communications and ability to draft a written agreement that sticks are essential skills of an effective mediator. If the court has directed that you resolve your probate dispute through mediation, consult an experienced Orem Utah probate lawyer. Orem Utah Probate Lawyer Free ConsultationWhen you need help with a will, trust, power of attorney, health care directive, estate litigation, estate mediation, or probate matter, 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
Criminal Defense Lawyer Layton Utah Employee Benefits For Bigger Businesses via Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-orem-utah/ |
ABOUT USDivorce Lawyer in Orem, Utah. If you need divorce and bankruptcy lawyer, child custody, adoption or family law attorney who does child custody, father’s rights, divorces and family law that cares about you, your family, your case, and is aggressive, call 801-676-5506 now for a free consultation for divorce in Orem, Utah can be tough, so you need a smart divorce lawyer who can help you today. Call 801-676-5506 for the top divorce and bankruptcy attorney in Orem, Utah now. Archives
April 2023
Categories |