Thursday, 3 October 2019

Can You Get A Copy Of Someone’s Will?

Can You Get A Copy Of Someone's Will

A will is a private record until the individual who made it kicks the bucket. By then, it is documented in probate court and ends up open for survey by general society. This is a part of probate lawy. You can discover the will of a perished individual by finding the fitting probate court and looking through the documents. In certain spots, for an expense, the court assistant will discover and duplicate the will for you. Regardless of whether it’s long or short, straightforward or complex, a will is an authoritative report that sets out what somebody needs to happen to his property after he kicks the bucket. The individual causing the will to is known as the departed benefactor, and as long as he is alive, he can change the will at whatever point he prefers or repudiate it and compose another. It is a private archive and no one can gain admittance to it except if the departed benefactor needs to indicate it to him. When the deceased benefactor passes on, the will is irreversible. In any case, the deceased benefactor’s benefits don’t pass consequently to the people named in the will. Rather, somebody must document the will with the probate court and it regularly should go through a court-managed process where the departed benefactor’s property is gathered, his obligations and expenses paid and, at last, his residual resources appropriated.

The initial move toward finding the will of somebody who recently died is to figure out where she lived just before her demise. This is the place you’ll generally discover her will. Regardless of whether she really passed on while on furlough in Mexico, if her home and hearth was in Madison, Wyoming, all things considered, the individual’s will was recorded in probate court in the town she called home. Discover the telephone number of the court on the web and spot a call before you head down there. The probate court assistant ought to have the option to affirm that the will is documented in that court and give you the case number. You might discover as you search for a will that the deceased never did any estate planning. If this is true, there is no will or trust to find.

You can appear during business hours to examine or duplicate it. Some probate courts, particularly in urban regions, will look for and duplicate wills for you, for an expense. Look at the court’s site to discover what administrations the probate office offers, just as how to get to them. In certain spots, you can mail in a request structure mentioning the specific will. Then again, you may most likely request a duplicate of the record by means of the court site. Administrations differ generally among courts, yet it is surely worth a web search or a telephone call, particularly in the event that you live far away. A typical inquiry posed of bequest arranging lawyers is the way to acquire a duplicate of an expired individual’s last will and confirmation or other probate court records. Since probate documents are open court records that anybody can peruse, in the event that a will has been petitioned for probate, at that point you ought to have the option to get a duplicate of it. What’s more, with current innovation comes the capacity to find data about a perished individual’s bequest on the web, and much of the time for totally free. In any case, while you will be unable to view duplicates of the genuine will and different archives that have been recorded with the probate court for nothing (numerous courts have begun charging for the capacity to see their reports), at any rate, you ought to have the option to see a rundown of the records that have been documented, who has been named as the agent of the bequest, which lawyer the agent has procured, and the name of the judge managing the case. A few courts even rundown the names of the majority of the banks and beneficiaries of the home. This will at that point enable you to demand duplicates of the will and some other reports you are keen on survey from the probate agent’s office, or you can take a stab at reaching the agent or the agent’s lawyer for extra data.

How would you decide the proper probate court where a home is being or has been, probated? By and large, a domain is probated in the province where the perished individual inhabited the season of his or her passing, or, now and again, the area where the expired individual possessed land. Utilize the accompanying site to find the right name of the area by connecting the name of the city where the expired individual lived or claimed land through a city-district search.

When you have found the suitable province where the probate domain ought to be regulated, an online quest should be possible for that district’s probate court or probate court dockets. This can be precarious on the grounds that in certain states the probate court isn’t really called the probate court, it could be alluded to as the “circuit court,” “surrogate’s court,” “vagrant’s court,” or some other number of courts. Be that as it may, be steady. Since probate happens in every single region over the U.S., odds are you will most likely find the suitable court’s online data.
Here are a few pursuits that you can attempt:

“_________ (embed fitting name) County probate records”

“_________ (embed fitting name) County probate court”

“_________ (embed fitting name) County probate dockets”

“_________ (embed fitting name) area court records”

When you have found the fitting area and view the probate court docket on the web, as a rule the means associated with getting a duplicate of a will or other probate archive legitimately from the probate court will incorporate the accompanying:

• Showing up face to face and requesting a duplicate of the will or other probate reports, or making a composed solicitation by fax or mail if applying face to face isn’t doable.

• Paying a replicating charge for the quantity of pages that the will or other probate record contains. These expenses generally go from $1.00 to a couple of dollars for each page.

• Giving a self-tended to, stepped envelope for mailing the duplicates if the solicitation isn’t made face to face.

In the event that you don’t have any karma in finding the suitable probate court’s dockets on the web, at that point you can attempt the accompanying:

• Go to the probate court face to face and request help with finding the records. By and large, the agent will most likely look into the home data by utilizing the decedent’s legitimate name, and if a bequest has been opened, you will almost certainly see the genuine probate record and solicitation duplicates of appropriate reports.

• Call the probate court and solicit how to acquire duplicates from archives. Some probate agents will be useful, while others not really.

• Call a home arranging lawyer’s office in the region close to the material probate court and inquire as to whether they will help you in acquiring duplicates of probate archives from the nearby probate court. The workplace will no doubt charge a charge for their administrations, however on the off chance that you don’t live near the territory, this will spare you from the movement costs that will be caused to head out to the court yourself.

On the off chance that you are fruitless in the wake of attempting the majority of the above recommendations, your odds are that a probate home has not been opened for the decedent being referred to. In the event that you accept that a probate domain ought to have been opened, you ought to counsel with a home arranging lawyer in the region where the decedent lived so as to decide the majority of your alternatives.

In Utah State when somebody kicks the bucket, courses of action must be made to oversee their Estate. This incorporates managing their home, ledgers, speculations and duty undertakings, and guaranteeing that whatever they have left is effectively disseminated to those entitled. Numerous individuals leave a Will, which is a report indicating their desires in regard of the Estate. The Will right off the bat designates an Executor, who is the person with the lawful expert to manage the Estate. The Executor may need to get Probate to complete their obligations in full. It sounds self-evident, however the primary spot to look is the place the expired individual lived, as that is the place most Wills are kept. Mainstream spots incorporate a safe or secured drawers in the examination, storage room or the main room. In spite of the fact that it is significant for an Executor to find the Will, it is still unequivocally prudent to look for understanding from the perished individual’s family before looking through the house, to stay away from any charges of trespass.

In the event that the perished utilized a specialist or other expert to compose their Will, it is conceivable that they would at present be putting away the Will. In this way, in the event that you are an Executor, you will probably acquire the Will from them. On the off chance that the specialist is no longer in business, contact the Solicitors Regulation Authority. This association holds records for specialists in England and Wales. It ought to have a record of who assumed control over the specialists practice and, at last, where the Will is currently. In the event that you are the Executor of the Estate, you could approach the expired’s bank for a duplicate of the Will. The bank will generally request the demise authentication and confirmation of your ID before offering this to you.

In the first place, it isn’t constantly fundamental for an Executor to control an Estate. For instance:

• The Estate is comprised of simply money

• The property is joint property

In the event that the perished individual’s mate or youngsters have just been assigned to get resources, for example, an annuity installment or life arrangement. Second, in the event that you can’t discover a Will, it is conceivable that that the perished did not make one; in which case, the Estate would more often than not be managed by the closest relative under the Rules of Intestacy. Overseeing somebody’s Estate can be a tedious and complex procedure, all the more so as research demonstrates that about 60% of UK grown-ups admit to not having a Will. For more data see making a Will. In the event that you are searching for the Will of a friend or family member and not having much achievement, it is in every case best to look for the guidance of an accomplished proficient who can give you the correct assistance and bolster you need. When somebody kicks the bucket, courses of action must be made to oversee their Estate. This incorporates managing their home, financial balances, ventures and expense undertakings, and guaranteeing that whatever they have left is accurately dispersed to those entitled. Numerous individuals leave a Will, which is an archive determining their desires in regard of the Estate. The Will right off the bat delegates an Executor, who is the person with the legitimate expert to regulate the Estate. The Executor may need to acquire Probate to complete their obligations in full. It sounds self-evident, yet the primary spot to look is the place the perished individual lived, as that is the place most Wills are kept. Well known spots incorporate a safe or secured drawers in the investigation, upper room or the main room. In spite of the fact that it is significant for an Executor to find the Will, it is still emphatically fitting to look for understanding from the perished individual’s family before looking through the house, to stay away from any charges of trespass. On the off chance that the perished utilized a specialist or other expert to compose their Will, it is conceivable that they would in any case be putting away the Will. Along these lines, on the off chance that you are an Executor, you will almost certainly acquire the Will from them. On the off chance that the specialist is no longer in business, contact Ascent Law to see if we can help you. In the event that you are the Executor of the Estate, you could approach the expired’s bank for a duplicate of the Will. The bank will as a rule request the passing endorsement and confirmation of your ID before offering this to you.

Will Lawyer Free Consultation

If you are here, you probably have an estate, probate or will you need help with, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

from Michael Anderson https://www.ascentlawfirm.com/can-you-get-a-copy-of-someones-will/



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Wednesday, 2 October 2019

How Is Property Divided In A Divorce?

How Is Property Divided In A Divorce

Divorce
in Utah is a complex matter and property division is often one of the more
contentious issues that can arise. Having a basic understanding of the process
can help. Divorce is a complicated and intimidating process. Those who are
considering a divorce may have done a brief online search in an attempt to get
an idea about how the process works. Although beneficial to gather information
about the process, it is important to make sure the information you are
reviewing is not only accurate but also applies to your situation. Utah uses
equitable distribution when dividing property during divorce. An equitable
distribution is one that is deemed fair by the courts. This type of
distribution does not always result in an equal split. The court will decide on
a split based on a number of considerations. This can include the length of the
marriage, the occupations of the parties and the health of all involved. If the
marriage is relatively short, the courts are more likely to focus on the
economic position each individual was in prior to the marriage and attempt to
develop a split that would preserve this station in life.

Retirement
assets are generally considered marital property and are subject to
distribution during divorce. In many cases, courts will choose to provide the
spouse that contributes to the account with the asset. In exchange, the other
spouse is given something of equivalent value. This could be the family home or
a combination of other assets. If the retirement asset is split, special
paperwork is required to ensure payment. A divorce decree alone is not enough
to ensure that someone other than the listed owner of the retirement asset
receives payments from the account. A court order referred to as a Qualified
Domestic Relations Order (QDRO) is generally required. If a couple has a
prenuptial agreement, it will likely be used to guide the divorce. As long as
the prenuptial is valid, it can determine how assets are distributed. It
cannot, however, determine how child support payments or other expenses related
to children are determined. Property division is an extremely important part of
any divorce.  It doesn’t matter how much
or how little property you and your spouse own, or what sort of assets you may
or may not possess – one way or another, your resources eventually need to be
divided. 

Equitable
distribution is a misleading term which seems to imply a perfectly even, 50-50
division right down the middle. However, that’s not what equitable actually
means. The point of equitable distribution is that each spouse receives a fair
and reasonable portion of property.  For
example, if one spouse has considerably greater income than the other, a
half-and-half property split would technically be equal, but it still wouldn’t
be fair.  Put simply, equitable
distribution tries to put each party on a level playing field. Of course, that
doesn’t mean a 50-50 split is impossible just that it isn’t guaranteed.  Long-term marriages, for example, can result
in an even 50-50 property division.  In
cases involving short-term marriages, the court will attempt to put the people
back into the economic position they had before the marriage, meaning that each
party gets to keep whatever he or she owned when the marriage first started. Judges
consider a variety of factors when deciding what sort of property division
would be fair and equitable.  For
example, the judge will weigh:

  • The age and health of each spouse, which impacts
    earning ability and medical expenses.
  • The duration of the marriage.
  • What sort of job, if any, each spouse has.
  • What sort of income, if any, each spouse earns.

Most states are
equitable distribution states.  In
community property states, all property and assets are divided evenly down the
middle with a 50-50 split regardless of outside factors like age, health, or
income. It’s important to emphasize that equitable distribution affects only
marital property, which doesn’t necessarily include all the property you and
your spouse may own. However, as a general rule, the court will typically
determine that property owned by the spouses before the marriage or received by
gift or inheritance during the marriage is usually not considered to be marital
property. For example, if you alone inherit money from your relatives, and your
wife or husband is not included in the inheritance, the inheritance is
considered to be your own, separate property. The court cannot award an item of
your separate property to your spouse, or vice versa. Spouses are usually
allowed to keep items which aren’t deemed marital property, though there are a
few exceptions.  For example, separate
property can later become marital property depending on how it is used. While
somewhat controversial, prenuptial agreements have proven invaluable to
countless divorcing couples.  Prenuptial
agreements, also called prenups or premarital agreements, outline how the
division of property is to be handled in the event of a future divorce.  This includes real property (like land and
houses), personal property (like furniture and jewelry), and pension plans and
retirement benefits (like 401(k) s and defined contribution plans). In short,
prenups act like blueprints.  In cases
where no premarital agreement exists to guide the division of assets, the court
will determine how the assets and possessions should be divided, just as it
would for marital property.  In fact,
even if you do have a prenup, there are certain areas where the court must nonetheless
intervene.  For example, prenuptial
agreements are not allowed to include any stipulations regarding child support,
healthcare coverage for children, or the costs of childcare (like daycare,
food, and clothing).

Splitting Specific Assets

The Home:  If divorcing individuals cannot agree on who
should receive the home, the court may do one of several things:

  • order that the home remain in the possession of
    the parent who will have custody of the children until the children move out of
    the home
  • order that the home be given to one party and
    award the other party other marital assets equal to the value of his/her share
    of the home
  •  allow one
    individual to buy out the other individual’s interest in the home; or
  •  order
    that the home be sold and the equity split between the two individuals.

Other Real Property: Real property
refers to land, homes, condominiums, and other structures attached to
land.  If the divorcing individuals
cannot agree on who should receive the real property, a court may:

Retirement & Pension Plans:  If only one of the divorcing individuals has
a retirement or pension plan, the other individual is typically entitled to
half of the amount earned during the course of the marriage (i.e. if the
marriage lasted 10 years, the retirement accrued during that 10 year period
will be divided, but anything accrued before the marriage will not be
divided).  If both individuals have
retirement or pension plans, the court could either

  • order that each of the parties retain the full
    value of their own plans, or
  •  order an
    equitable division of all retirement accounts. 
    Whenever a retirement account is going to be divided, a special document
    needs to be prepared called a “Qualified Domestic Relations Order.”

Personal Property:  Personal property includes anything movable,
such as cars, clothes, furniture, etc. 
Courts in Utah divide personal property equitable (fairly).

General Rules the Court Usually
Follows

If divorcing
couples cannot come to an agreement on how to split their marital assets, a
court will decide for them.  There are
three basic rules that will help you understand how your assets will be split
in a divorce:

  • Utah courts will divide assets equitably
    (fairly) between spouses
  • all marital property will be divided between the
    two spouses; and
  •  separate
    property will not be divided between the two spouses. 

There are three
main categories of property that will not be split and distributed between
spouses upon divorce:

  • Inherited
    Property:      Inherited property is any
    property that was left for the benefit of one spouse after another person’s
    death.
  • Gifted
    Property:      Gifted property is any
    property that was given to one spouse.
  • Premarital
    Property    :  Premarital property is any
    property that one spouse accumulated prior to the marriage and then brought
    into the marriage.

Division in Utah

Couples have two
types of assets and liabilities: Non-marital and marital. Non-marital assets
and liabilities are those that a spouse owned or owned prior to the marriage.
Gifted and inherited assets, even if gifted or inherited during the marriage,
are also non-marital property. These items are set aside for the owning spouse.

All other assets
and debts are marital and are subject to equitable distribution. Furthermore,
assets that were one spouse’s prior to the marriage that has been commingled
are usually considered marital assets. In many cases, simply adding a spouse’s
name to an account makes it a marital asset subject to equitable distribution. Several
factors determine what percentage of each asset is awarded to each spouse.

Factors That Affect the Division
of Assets and Debts

If you and your
spouse cannot amicably divide assets and debts, the court will do it for you.
In most cases, it is better that you come to a fair and equitable distribution
of the assets and debts. While the court will come to a fair and equitable
distribution, you may not get an asset or debt that you want. The court looks
at the following when determining how to divide assets in an equitable manner:

  • How long the parties were married;
  • The contribution by both parties to the
    marriage;
  • The future needs of each spouse;
  • Alimony awards;
  • Child custody;
  • The health and age of each spouse, which
    includes employability, potential retirement and business chances after the
    divorce;
  • The occupation of each spouse, which determines
    earning power;
  • Each spouse’s education as it pertains to
    employability; and
  • The non-marital assets of each spouse.

Debts are
considered in much the same way, but do have some additional parameters:

  • Premarital agreements.
  • Real property may be sold, one spouse may buy
    the other out or one spouse may keep the marital home in exchange for other
    assets. If the real property is sold, equity is divided equitably between the
    spouses. Generally, if one spouse keeps the house, that spouse is responsible
    for the mortgage. If possible, the mortgage should be refinanced so as to hold
    the other spouse harmless.
  • Vehicle payments are generally paid by the
    spouse who keeps the vehicle. If the parties have two vehicles, each spouse
    gets one, along with the car payment, if any.

Retirement plans
and pension benefits are handled a bit differently. In most cases, if a plan or
benefit is considered a marital asset, the person whose name is on the account
gets it. However, if the plan or benefit skews the equitable distribution, the
court will split the plan or benefit. If only one spouse’s name is on the plan
or benefit, the court enters a qualified domestic relations order, or a QDRO,
to order the holder of the account to divide it between the spouses as dictated
by the court.

List of Assets and Debts for
Divorce

Marital assets
and debts that are subject to equitable distribution may include:

  • Real property, including the marital home and
    any other real property, such as land, investment property, and business
    property. Debts that go along with property include mortgages, second
    mortgages, and liens on the property.
  • Furniture and any payments on the furniture,
    whether those payments are owed to a bank or the furniture store.
  • Some personal property, including jewelry and
    any debts related to the personal property.

Additional
assets and debts include home equity, tools, vehicles and payments on vehicles,
recreational vehicles and payments on them, retirement accounts, investments,
life insurance policies, financial portfolios, bank accounts, lines of credit,
revolving debt such as credit cards, personal loans, debts owed to friends and family,
tax debt and past due accounts such as medical bills. Debts created outside the
marriage, such as student loans that were created by one spouse prior to the
marriage are awarded to the creator of the debt.

Call Ascent Law Today

It is generally
wise to seek legal counsel when going through a divorce. These are just a few
of the many issues that must be addressed during the property division
determination portion of the divorce and this is just one portion of the
divorce.

Divorce Attorney Free Consultation

When you need legal help with your divorce, please call Ascent Law at (801) 676-5506 for your Free Consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

from Michael Anderson https://www.ascentlawfirm.com/how-is-property-divided-in-a-divorce/



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Bankruptcy Lawyer Midway Utah

Bankruptcy Lawyer Midway Utah

Even with a budget and careful spending, most people at some time in their lives will end up needing a loan. It may be to buy a home, pay for school, expand a business, or restructure their debt. The larger the loan, the more intimidating the process, although even credit card applications are a form of a small loan.

The easy availability of credit cards, consumer loans, and easy payment plans has made consumer debt one of the most serious financial threats facing Americans today. College students are among the most vulnerable targets for credit card recruiters who make it sound like they are offering free money. But that free money must be repaid with interest.

Student loan debt is a major problem facing many Americans. Many of us tend to believe that a student loan is just like any other loan. The bitter truth is – It’s Not. You can get rid of most loan debts. They can be discharged in bankruptcy. They cannot be collected once the statute of limitation for that debt has expired. A student loan debt cannot be discharged in bankruptcy. There is no statute of limitation on student debt collection. If you are unable to pay of your debts including student loan debts, speak to an experienced Midway Utah bankruptcy lawyer. The lawyer will explain your options and help you get some relief. In some cases, you may be able to discharge the whole or a portion of a student loan debt.

Financial Problems During Repayment, and Options

At one point or another during student loan repayment, many if not most borrowers will face periods of unemployment and other financial difficulties that limit their ability to make their scheduled loan payments. Congress mandates that forbearances or deferments be made available to the borrowers during these times. While an experienced Midway Utah bankruptcy lawyer cannot get you forbearance or deferment, he will be able to guide you through the process and if you don’t succeed, he can assist you with your bankruptcy filing.

Loan Cancellation

There are at least some provisions in federal law for the cancellation of federally guaranteed student loan debt, and it is important for the borrowers to be aware of this. A provision applies if the borrower becomes totally and permanently disabled. This requires an approved doctor’s certification of the total and permanent disability. Often, the loan holder will use his or her own doctor to provide a second opinion, and this is the cause of frequent disputes. Disability discharge is rarely granted, since the “total and permanent” caveat means exactly that. A short term disability is insufficient. Many borrowers who have been granted disability benefits are rudely surprised when they find that their disability income is being garnished.

There is also a provision for loan cancellation under the “ability to benefit” clause. Examples of this given by the U.S. Department of Education include a school admitting a student who did not satisfy the application requirements for ability to benefit from the training, such as if the student did not possess a high school diploma or GED and had not taken an ATB test. Another example is if a school signed the student’s name without that student’s authorization on the loan application or promissory note. This provision also allows cancellation if the borrower had a physical, mental, or legal status or condition at the time of enrollment that would legally bar employment in their field of study. Finally, this provision provides for loan cancellation if the student was the victim of identity theft.

School closure is also an important and legitimate basis for loan cancellation. The students attending a school that has shut down would have been granted loan cancellation had their loans been federally guaranteed. One note of caution here: schools that close will often graduate students just prior to closing so that they are able to say that they fulfilled their duty to the student.

One Approach for Avoiding Default

If a borrower is unable to work with a loan holder to convince the company to approve the deferment or forbearance application, there is one method for ensuring that the loan does not default. According to the Higher Education Act of 1965 (HEA), a loan is not considered to be in default unless no payment has been made on the loan for 270 days. Thus, if a borrower makes any payment—even for an insignificant amount—on the loan at least every 269 days, then legally the loan cannot be in default. While this method can and does indeed work, as borrowers have reported, it does not prevent interest from accruing on the loan, and it does not prevent other fees (for example, late fees) from being attached to the debt. However, borrowers should be aware of this information, and in the event that a loan is bordering on default and the lender refuses to grant the deferments or forbearance that is required, a nominal payment—sent by registered mail—may be the only option to avoid default.

Borrowers who are being hounded by collection companies need to be aware of these potential violations and document them if necessary. All defaulted borrowers interested in protecting their rights should consider acquiring phone recording equipment, which is relatively inexpensive. This is, of course, most effective in states where recorded evidence is admissible in a court of law. If the borrower does not live in a state in which phone recordings are admissible in court, then the borrower does need to announce that the call may be recorded. There are subtle methods for making this announcement that are left to the reader to determine. If none of this is possible, then, at the very least, borrowers should keep an active log of phone calls, notations regarding what was said, and the names that the callers used to identify themselves.

Avoid Dealing with Guarantors and Third-Party Collection Companies
There are many middlemen associated with defaulted federal student loans. First, there is the lender who originates the loan. Then there is the guarantor who (supposedly) guarantees the loan against default. Next there are collection companies that the guarantor uses to collect on the defaulted loan. Finally, there is the U.S. Department of Education (or the Department of Health and Human Services for HEAL loans), the organizations that actually provide the guaranty for the loan when it defaults.
All of these entities combine to present a confusing, intimidating, and, ultimately, expensive front that the borrower must contend with.

Most defaulted borrowers resign themselves to dealing with the guarantors and their collection companies. Regardless of the circumstances of default, there is typically no negotiating with the guarantor or the collection company. The borrower is forced, through rehabilitation, wage garnishment, or other mechanisms, to ultimately repay a much larger amount than the originally defaulted loan. Borrowers can and do exert significant time and effort attempting to deal with ombudsmen who work for the guarantors, and this effort is almost always wasted.

If a borrower is unwilling or unable to comply with the demands put upon him by the guarantor, there is another option that is used occasionally. The borrower can demand that the loans be transferred directly to the true guarantor of the loan, the U.S. Department of Education. By making this demand, the borrower can at least get the loan out of the hands of the state guarantor agency and perhaps be able to negotiate a more favorable outcome.

Bankruptcy

Many people consider bankruptcy filing as the last resort. Bankruptcy filing will get rid of most debts. However, student loan debts have a special place in bankruptcy. While it is extremely difficult to discharge student loan debt in bankruptcy proceedings, there are circumstances under which it can be done. In general, the bankruptcy courts use a three-prong test to determine whether a student loan debt is eligible for discharge. One test is the answer to this question: Would the borrower be able to maintain a minimal standard of living if forced to repay the loan? This test often uses the monthly payments that would be made under the income-contingent repayment program. The second test requires that there be evidence that the hardship is likely to continue for a significant portion of the loan-repayment period. The third test is whether or not the borrower made good-faith efforts to repay the loan before he or she filed for bankruptcy (usually this means that the borrower has been in repayment for some time). For most borrowers who have at least basic means, such as the ability to work, student loan debt is not dischargeable in bankruptcy. Consult with an experienced Midway Utah bankruptcy lawyer to know if your student loan debt can be discharged by bankruptcy. Chances are it may be.

Portions of Private Loans May Be Dischargeable in Bankruptcy

As a practical matter, people who obtained private loans well beyond their means to repay should realize that under the new federal bankruptcy code, although private loans were reclassified and are treated in the same manner as federally guaranteed loans, there is a caveat: As defined by the new legislation, the portion of the private loan that is largely exempt from bankruptcy protections is only that portion that was used to pay for the cost of attendance at the university. This includes tuition, room and board, and school supplies such as books, papers, and other expenses directly related to attending college. Other expenses do not qualify by the IRS definition, and thus cannot be considered a “qualified education loan.” In layman’s terms: If you took out a private loan and used the money for anything other than the cost of attendance of the college, then by law, this amount should be treated like any other type of debt for the purposes of inclusion in bankruptcy proceedings and be fully dischargeable according to current bankruptcy laws. However, be warned that your private student loan company will fight it out in the bankruptcy court. They will claim that it’s a student loan and that you have used it for cost of attending college. That’s another reason why you should not file your bankruptcy petition without the assistance of an experienced Midway Utah bankruptcy lawyer. Your bankruptcy lawyer knows how to deal with such private student loan companies in the bankruptcy court and help you discharge such loans.
Seek the assistance of an expert – an experienced Midway Utah bankruptcy lawyer.

There are different types of student loans. Some of these loans may be dischargeable in bankruptcy. Speak to an experienced Midway Utah bankruptcy lawyer.

You can discharge most debts by filing for bankruptcy. However, some debts besides a student loan debt also survive bankruptcy. These include child support payments, tax debts and other court ordered payments. Speak to an experienced Midway Utah bankruptcy lawyer to know which of your debts can be discharged in bankruptcy.

Automatic Stay

Once you file a bankruptcy petition, an automatic stay comes into operation. There is no need to obtain an order for the automatic stay. It comes into operation the moment you file you file bankruptcy petition. Once this automatic stay comes into operation, your creditors and debt collectors cannot contact you. You will be relieved from their calls. You will have peace of mind. If they call or contact you, direct them to your experienced Midway Utah bankruptcy lawyer. The lawyer will deal with them and ensure that they pay for violating the automatic stay.

Credit Score

Before you file for bankruptcy under any chapter, speak to an experienced Midway Utah bankruptcy lawyer to understand how bankruptcy can affect your credit score. Bankruptcy generally has an adverse impact on your credit score. It will remain on your credit for 10 years in the case of a Chapter 7 bankruptcy and for 7 years if you filed a Chapter 13 bankruptcy. But there are steps you can take to improve your credit score once you receive a bankruptcy discharge. An experienced Midway Utah bankruptcy lawyer can advise you on how you can improve your credit score after bankruptcy.

Midway Utah Bankruptcy Attorney Free Consultation

When you need bankruptcy help, please call Ascent Law LLC at (801) 676-5506 for your Free Consultation. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

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Tuesday, 1 October 2019

Are Probate Records Online?

Are Probate Records Online

Some probate records are online in Utah; however, you need to have some very specific information about the person who died or the personal representative, or the heirs of the estate along with online access to the Xchange program in order to access such information. You really should speak with an experienced Utah probate lawyer who can guide you to find what you are looking for.

At the point when the Utah Territorial Legislature built up
the locale and expert of district probate courts in 1851, it set up the ward of
these courts over probate. The Legislature granted district probate courts
specialist “to probate wills, manage the domains of perished people, and
to build up guardianships of minors, boneheads, and the crazy” (An Act in
Relation to the Judiciary. Acts, Resolutions, and Memorials gone by the First
Annual, and Special Sessions of the Legislative Assembly. During a segment of
Utah’s regional period, region probate courts moreover held purview over
criminal and common issues. This is huge to probate specialists in light of the
fact that early probate records might be blended with different sorts of cases.
At the point when Utah turned into a state (1896) the area probate courts were
annulled. Probate turned into the ward of the region court in every province.
Probate of homes is the procedure by which a perished individual’s property is
recognized and dealt with, his obligations and assessments paid, and after that
outstanding property conveyed to beneficiaries as determined in a will, or to
heirs as legally necessary. Commonly a probate case starts when the court gets
a request to open the probate of a bequest or concede a will. The court reacts
by holding a consultation to set up the legitimacy of the will and choose an
administrator. From that point the administrator advises loan bosses of the
home to present any remarkable bills, and the court acquires a full stock of the
bequest. At the point when all property in the domain has been appropriately
represented and every extraordinary obligation paid, the court orders
conveyance of residual property among the heirs and discharges the
administrator from duty regarding the home. In spite of the fact that the
probate procedure has remained basically the equivalent since Utah’s
commencement, the 1917 State Legislature formalized the procedure in a broad
probate code (Compiled Laws of Utah, 1917, Vol. 2, Chapter 118, pp. 1493-1545).

In 1975, the State Legislature embraced the Utah Uniform Probate Code, which
supplanted the earlier probate code and which, as changed, is the probate code
in power today. For progressively point by point data about probate.
Guardianships are additionally directed by probate divisions of region courts
and beforehand by province probate courts. A court can set up guardianships
when a minor or a clumsy grown-up holds property requiring oversight and the
executives. They are generally started under the particulars of a will or upon
the request of a relative. A watchman is commonly required to post bond, and is
responsible to the court for the administration of property depended to him.
Utah law accommodates the appropriation of minor youngsters (Utah Code § 78B-101-145,
“Utah Adoption Act”). As indicated by law, the kid, the embracing
grown-up, and different people whose assent is essential must show up under the
watchful eye of the region court or give composed assent. At the point when the
court is fulfilled that appropriation is to the greatest advantage of the
youngster, it issues a reception order. Normally appropriation records have
been kept with probate records. Utah appropriation records are fixed by law for
a long time. For more data about access to appropriation records see the
Adoptions Research Guide. Probate records created by Utah District Courts
normally additionally incorporate records of selections and may incorporate
different random cases, for example, consolidation disintegrations and name changes.
Over the span of business the Utah courts created an assortment of record
types, including:

  • case documents
  • record books
  • minutes
  • registers of activity
  • Case documents

Every one of the records identified with a specific case.
These archives incorporate petitions, court orders, notification, orders, and
perhaps at the same time shows, wills, and inventories. Case numbers were
commonly doled out successively as the court opened cases. Recorded duplicates
of significant archives found for the situation documents. These reports for
the most part were recorded sequentially, so archives identifying with a
specific case might be dissipated. Minutes record the day by day activities of
the court, and may incorporate data about the probate of a domain or guardianship.
Outline arrangements of moves made by the court on a specific case. A register
will list the date alongside each move made. Registers of activity can fill in
as advisers for archives recorded in record books or data recorded in minutes.

In the state of Utah how would you decide the suitable
probate court where a home is being or has been, probated? When all is said in
done, a home is probated in the area where the expired individual inhabited the
season of his or her demise, or, now and again, the region where the perished
individual claimed land. Utilize the accompanying site to find the right name
of the area by connecting the name of the city where the perished individual
lived or claimed land by means of a city-district search. When you have found
the proper district where the probate domain ought to be directed, an online
quest should be possible for that province’s probate court or probate court
dockets. This can be precarious in light of the fact that in certain states the
probate court isn’t really called the probate court, it could be alluded to as
the “circuit court,” “surrogate’s court,” “vagrant’s
court,” or some other number of courts. In any case, be diligent. Since
probate happens in every single area over the U.S., odds are you will almost
certainly find the suitable court’s online data. When you have found the
suitable area and view the probate court docket on the web, more often than not
the means associated with acquiring a duplicate of a will or other probate
report straightforwardly from the probate court will incorporate the
accompanying: Showing up face to face and requesting a duplicate of the will or
other probate archives, or making a composed solicitation by fax or mail if
applying face to face isn’t practical. Paying a replicating expense for the
quantity of pages that the will or other probate record contains. These
expenses more often than not extend from $1.00 to a couple of dollars for every
page. Giving a self-tended to, stepped envelope for mailing the duplicates if the
solicitation isn’t made face to face.

In the event that you don’t have any karma in finding the
fitting probate court’s dockets on the web, at that point you can attempt the
accompanying: Go to the probate court up close and personal and solicitation help
with finding the files. All things considered, the associate will likely
investigate the space information by using the decedent’s real name, and if an
endowment has been opened, you will very likely observe the authentic probate
record and requesting copies of material reports. Or on the other hand Call the
probate court and request how to get copies from records. Some probate agents
will be amazingly valuable, while others not by any stretch of the imagination.
Or on the other hand call an endowment orchestrating legal counselor’s office
in the region near the important probate court and ask regarding whether they
will help you in procuring copies of probate documents from the area probate
court. The work environment will probably charge a cost for their
organizations, anyway in case you don’t live close to the area, this will save
you from the development costs that will be realized to make a trek to the
court yourself. On the off chance that you are ineffective subsequent to
attempting the majority of the above proposals, your odds are that a probate
domain has not been opened for the ​decedent being referred to. On the off
chance that you accept that a probate domain ought to have been opened, you
ought to counsel with a bequest arranging lawyer in the territory where the
decedent lived so as to decide the majority of your alternatives. Most probate
reports are open records, be that as it may, inventories and accountings
documented in bequests are private and might be seen distinctly by the
individual agent, the individual delegate’s lawyer or an “invested
individual,” as characterized in the Utah State probate laws. Furthermore:

Utah State law denies the Clerk from putting a picture or
duplicate of a court document, record or paper identifying with issues or cases
administered by the Utah State Probate Rules on an openly accessible Internet
Web webpage for overall population show. The reason for death area of all
passing and fetal demise records and the paternity, conjugal status and
therapeutic data of all fetal passing records of this state are classified and
are not open to open review. Demise testaments might be recorded with the
predefined segments erased. The probate standards require a lawyer to speak to
an individual delegate in a formal bequest. There are a few kinds of little
homes that don’t require a lawyer, in light of the fact that the court
coordinates the dissemination of the advantages, instead of the individual
agent making the appropriation. Domains that require an individual agent have
muddled procedural prerequisites, which is another reason a lawyer is required.

Assessable homes can’t cut off until the IRS signs on the
Estate Tax Return 706, which must be recorded inside the due date set by the
IRS. The probate guidelines set a two-year time span to close assessable homes,
yet it frequently takes the IRS longer to settle the domain government form.

Wills regularly do exclude explicit resources that are
claimed by somebody at the date of death. The most ideal approach to decide
whether there are resources is to glance through your companion’s papers and
documents to decide whether there are records or resources possessed by your
mate at the season of death. Probate cases by and large allude to the lawful
procedure wherein the bequest of a decedent is controlled. The procedure
includes gathering a decedent’s benefits, selling liabilities, covering vital
government expenses, and circulating property to heirs. These exercises are
completed by the agent or administrator of the home, more often than not under
the supervision of the probate court. T

he Utah  State
Archives holds the probate records from courts of different districts.The data
contained in a probate record for the most part appears:

  • Name of the domain
  • Date of documenting
  • Case number
  • Name of the perished
  • Date of death
  • Portrayal of genuine and individual property
  • Estimation of the domain and assessment
    obligation due
  • Names of closest relative
  • A will
  • The most effective method to Find Information in
    the Collection

These probate cases held by the State Archives are
accessible utilizing the Archives Search database. Enter the name of the
individual you are looking. In the event that you discover a probate record for
the individual you are looking into, you will need to furnish Archives staff
with the COUNTY and CASE NUMBER for the document you might want to get to. In
the event that the name you search isn’t discovered, their probate case isn’t
held by the State Archives. You will need to contact the District Court where
the case was recorded to get this probate case.

A portion of these probate cases held by the State Archives
are accessible utilizing the Archives Search database. Enter the name of the individual
you are looking. In the event that you discover a probate record for the
individual you are inquiring about, you will need to give Archives staff the
COUNTY and CASE NUMBER for the document you might want to get to. In the event
that the name you search isn’t discovered, contact the District Court where the
case was documented. The Court either holds the case record, or is the main
spot to discover the case number.

From 1852 to 1896 the regional area courts and the district
probate courts shared obligation regarding probate capacities. Those included
intestate and testate procedures, guardianship cases for females younger than
18, and guardianship cases for makes younger than 21. The area seat holds a
large portion of those records. Notwithstanding, some of them are accessible at
the Utah State Archives or through the FHL on microfilm. A few areas have more
broad microfilmed records than others. The District Court in every province was
given sole obligation regarding all probate matters from 1896 forward. Right
now, there are 29 areas in the province of Utah and 8 legal locale. One guide
that can be useful for figuring out which region a specific province was in at
a given point in time can be found at Utah Judicial Council. Another is given
by the Utah State Archives. The Utah Judicial Council, Administrative Office
has been accountable for Utah courts since January 1, 1989. Along these lines,
that office can give superb assets to enable specialists to figure out which
province seat had probate court capacities at a given time in Utah’s history.

Probate Attorney Free Consultation

When you need legal help with a probate matter in Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

from Michael Anderson https://www.ascentlawfirm.com/are-probate-records-online/



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Corporate Lawyer Lehi Utah

Corporate Lawyer Lehi Utah

Utah is open for business. Many businesses are incorporating in Utah while other businesses are moving to Utah from other states because of the conducive business environment. As the business grows, the board of directors tend to induct new members. Being on the board of directors of a Lehi, Utah company is a great achievement. But you should be prepared for your role as a director.

If you have been appointed the director of a company in Lehi, Utah, consult with an experienced corporate lawyer. The post of a director comes with a lot of responsibilities. As a director you have certain duties towards the company and its shareholders. Even if it is your family owned business, as a director, the law imposes certain duties on you. Violations of these statutory duties can result in penalties and sometimes criminal prosecution.

A company can sue a director who is in breach of the equitable duty of care and skill for equitable compensation. The purpose of equitable compensation is, as might be expected, to compensate the victim of the wrongdoing.

Fiduciary Role

The director has traditionally been thought of in fiduciary role, that is, as a caretaker or trustee of the owners’ assets. That is clearly the most important role that today’s outsiders see themselves playing and the second most important role as seen by both top-management directors and other insiders.

The words of most state statutes have not changed much over the years regarding what a director is supposed to do and generally state that “directors shall manage the affairs of the corporation” or “the corporation shall operate under the direction of a board of directors.” What has happened in recent years is that more parties–especially individuals and government–have been willing to try to show in the courts that directors of specific companies have, in fact, not managed well the affairs of the corporation and that they should be personally held liable for poor results, illegal or fraudulent actions, conflicts of interest, lack of attention, and so on.

A firm does not have to have a board of directors either to open its doors or to stay in business successfully. However, to be incorporated, for whatever underlying reasons, the company must, according to state statutes, have a board that will direct the affairs of the corporation. This is not to say, though, that all boards are active, involved, or know much of anything about what goes on. Generally, the smaller the firm, the less active the directors. There are usually no stated legal requirements for membership on a board to meet state incorporation statutes, and many boards of small and/or family concerns are composed of husband and wife (one of whom is usually the president and main principal), perhaps a son or daughter, or some other close members of the family. Recent research shows that as firms grow and go public, their boards tend to develop and move through three stages of roles and responsibilities:

• A legitimizing role that is generally passive and simply fulfills the legal requirements for the corporate charter. This role, especially, if it is the only one the board plays, is the one so heavily criticized these days. Although this is the basic role fulfilled by the boards of smaller firms, boards of most larger firms have moved into the next stage.

• An auditing role that tries to ensure the accuracy of information going to the public and to the government and the adequacy of financial reporting systems. This responsibility has been brought on and emphasized by the increasing pressures on and potential liabilities of directors. The audit committee of the board, found in virtually every large company, is especially important in this kind of environment.

• The third stage, the directing role, becomes more important as the board gets involved in focusing on the company’s future goals and derivation of the strategies by which they will be reached.

The Prudent Person Concept

One term, the prudent-person concept, means that directors must act with the degree of diligence, care, and skill that ordinary, prudent individual may exercise under similar circumstances in like positions. In practice, the legal application of “prudent man” can be very flexible depending upon industry, company size, the directors’ backgrounds and experiences, charter and bylaws, and so on.

Directors cannot take much comfort in specific definitions of their role and responsibilities, because there are none. Note that a director does not have to be active in terms of deviation from prudentiality. He or she may be liable for passive negligence: a failure to take action, failure to ask the discerning question, failure to study carefully operating material supplied by the company, and so on.

The courts realize that businesses always operate under risk and that just because a decision turned out wrong, a director may not necessarily be at fault. The courts are not in business to judge decisions with the accuracy of 20/20 hindsight. But the courts in a suit situation would be interested in knowing if there was intentional fraud or deceit, if directors acted in an active manner to discharge their duties, or if they were negligent. The duty of a director in any situation depends upon the totality of the circumstances, the facts and issues of a particular case will control the court’s evaluation of its members.

The laws require directors to act with the care an ordinarily prudent person in a like position would exercise under the same or similar circumstances. This is a basically objective standard but the phrases ‘like position’ and ‘similar circumstances’ allow for adjustments to the standard by reference to such matters as the activities carried on by the particular corporation and the background, qualifications and management responsibilities of the particular director.

Duty of Loyalty

By assuming the office of a director, you commit allegiance to the enterprise and acknowledge that the best interests of the corporation and its shareholders must prevail over any interest of your own. In other words, the director must not use corporate position and privileged access to confidential information to make a personal gain. Actual or possible conflicts of interest must be faced quickly and openly.

Duty of Care

The employees of a company owe contractual duties to their employer. These may overlap with the equitable duty of care and skill but in certain respects contractual duties can be stricter. For example, the equitable duty of care and skill as it has been developed in relation to directors does not require them to devote themselves to the company’s affairs on a full-time basis but full-time employment is likely to be norm for a company’s employees. Directors are not automatically employees of their company but they can become employees. For directors who are employees, their contracts of employment are the primary tool for regulating the standards of care, skill and devotion to the company’s affairs that they are required to demonstrate. The equitable duty of care and skill is therefore most relevant to those directors, such as non-executives, who are not employees of the company.

In addition to being loyal to the corporation on whose board he or she serves, the director also assumes a duty to act carefully regarding corporate actions and decisions. The American Bar Association cites the Model Business Corporation Act, a fundamental precept for direct conduct, as setting forth the legal standard for the Duty of Care. A direct must perform his duties in good faith and in a manner that he reasonably believes is in the best interest of the company. He must exercise such case as an ordinary prudent person would under the same circumstances. This duty of care also applies to the duties of a director as a member of any committee of the board upon which he may serve.

Unfortunately, there are no precise, unilateral definitions for some of the key groups of words in the above statement such as, “good faith,” “reasonably believes,” and “an ordinarily prudent person.” By and large, though, the Act implies, if not later states, that directors are not necessarily expected to act without error or be financial or management geniuses. In fact, directors do not even have to have specialized training in the firm’s field of endeavor to serve properly.

However, if things do go wrong in the company and a director is sued individually or as part of the board–even if no premeditated wrongdoing is implied–it is clear that the courts will compare what each director has done in the way of fulfilling the Duty of Care vis-à-vis what directors in other similar corporations have done or would do.

Duty of Attention

A large part of a person’s successful performance as a director involves Duty of Attention, which means that the director must be active in the overseeing of the corporation’s affairs. Such active participation can be carried out by attending all regular and special meetings of the board; by reading all material distributed to board members; by participating in and monitoring delegated activities, especially committees of the board; and by reviewing adequate information that should be available to the corporate director in time so as to permit an informed judgment.

The courts do not expect directors to be perfect in their business judgment and decisions. They are allowed to depend upon information supplied by the company. But wisdom suggests that the director should not blindly accept this information but should study it, ask good questions about its meaning, seek clarification if confused, and ask for, or get from other sources, additional data if that will be or could be helpful to the decision-making process.

Both the insider and outsider can be held liable for “poor business practice,” which implies both willful and neglectful aspects of the decision-making process, but the courts have not adequately defined what constitutes poor business practice. There are two standards of judgment: one for the outsiders and a stricter code for insiders. The feeling is that since insiders have access to much more day-to-day information about the company and are actively involved in its ongoing operations, they ought to be better informed and make better decisions.

There is much written about the legal responsibilities of directors and each case of alleged negligence or willful wrongdoing will be judged on its own merits. But to avoid as much trouble as possible, a director ought always to have the interests of the stockholder first in his actions and decision making; study carefully the information sent out by the company; be prepared for the board meetings; not be afraid to ask tough questions or seek more information; be totally honest; avoid any appearances of conflict of interest; and be willing to speak up at board meetings and, if necessary, stand alone in a vote. Certainly, directors should look carefully at a company and its top officers before accepting a chair on its board and should be willing to resign if they do not have adequate time available or if the company is steering a course with which the director simply cannot agree.

Whereas contractual duties can be tailored to apply in an appropriate fashion to each individual director, the equitable duty of care and skill has a more broad-brush application. Within a company the functions performed by the various directors may vary greatly and, when different companies are compared, the differences can become increasingly stark: for example, the function performed by the finance director of a listed company will obviously be very different from that of a director of a family company; and a director of a company who is expected to perform a monitoring function will be in a very different position from a person who is appointed to a directorship of a family company largely for sentimental or ceremonial reasons.

Before you accept your appointment as a director of Lehi, Utah company, speak with an experienced corporate lawyer to know your duties. Once you are aware of your duties you will be able to discharge your responsibilities as a director without any fear or favor as expected from you.

Lehi Utah Corporate Attorney Free Consultation

When you need legal help with a corporation, LLC, non profit or partnership, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States
Telephone: (801) 676-5506

from Michael Anderson https://www.ascentlawfirm.com/corporate-lawyer-lehi-utah/



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