![]() When you’re gone, you want to make sure that your family has the right to claim any benefits that are due and owing to you from your retirement account. Second, if you become legally incapacitated and can no longer function enough to claim and manage your benefits from your retirement accounts, then you will want to make sure you appoint someone to be in charge, typically a family member. In most retirement account plans, there is an option for you to name a beneficiary. The beneficiary is the person that you appoint to receive any benefits left over in your retirement account after your death (it is easiest to appoint a beneficiary of your personal retirement accounts here rather than in your will). If you die with money remaining in your retirement account, the person you named as beneficiary will receive the benefits left over in the account without having to go through probate court. 401(ks) and Pension Plan InformationFor some types of retirement accounts, such as 401(k)s and most pension plans, the law requires that you name your spouse as your beneficiary unless he or she signs a form that gives up this right. For other accounts, such as IRAs and employer profit-sharing retirement plans, you are free to name any beneficiary that you wish. Keep in mind that if you live in a community property state (such as California), your spouse is automatically entitled to half of any money in your retirement account that you earned while married. If you and your spouse do not want to leave all of your retirement accounts to each other, you should research the laws in your state and plan accordingly. Your surviving family members may be eligible to receive your Social Security benefits after your death if they meet certain requirements. Oftentimes, your family members may receive the full retirement amount that you would have received. In order for your spouse to qualify to receive your Social Security benefits, he or she must be at least 60 years old; or at least 50 years old have be disabled; or any age if your spouse is caring for your child that is under the age of 16 years old or is disabled and receiving Social Security benefits. In order for your children to be eligible to receive your Social Security benefits, they must be unmarried and less than 18 years old; or between 18 and 19 years old and attending elementary or secondary school full time; or over the age of 18 but severely disabled, with the disability starting before he or she turned 22. Get a List of All of Your Personal Retirement Accounts and Benefits At a bare minimum, you should make a list of all of your retirement accounts and benefits, whether or not you are receiving payments from the account currently. This list should include things like your employer-sponsored pension or retirement plans; IRAs, including traditional, Roth, SIMPLE and SEP-IRAs; and Keogh, employer profit-sharing plans, or 401(k)s you set up for being self-employed as a small business owner. Then, for each account that you have in the list, mark down the following information in an easy to understand format like, the name of the entity that manages the account (such as a bank or financial manager); The number of the account or some other way of identifying it; Contact information (phone number, address) of the person in charge of your finances; Whether you currently are receiving benefit payments and how much the payments are; The beneficiary listed on the account; and the location of your financial plan statements. You should also include your Social Security benefits in this list as well. Estate Planning Lawyer Free ConsultationWhen you need estate help, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Fiduciary Duties and Business Judgment in a Business Divorce via Michael Anderson https://www.ascentlawfirm.com/retirement-accounts/
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![]() One of the ways to obtain a divorce in Utah is to live apart pursuant to a separation agreement. Sometimes this option makes the most sense to a couple. The parties work out the terms of the separation and include them in a formal agreement. Other times the parties may choose not to divorce but to legally separate. The parties remain married but live apart pursuant to the terms of their separation agreement for the rest of their lives. A separation agreement includes the same terms as a divorce decree. Child custody, support, distribution of assets and debts, mothers’ rights, fathers’ rights, obligations of both parties, and any other matters of importance are incorporated into a formal written document. Our experienced family law attorneys can help you decide if a legal separation is the right path for you. Get Evidence that a Parent is Unfit for Child CustodyDuring any custody dispute, a judge will carefully analyze each parent’s ability to care for the children and adequately meet their needs. If you have any reason to believe the other parent is a danger to the kids or is unfit to have any sort of custody, you must be able to prove this to be true if you wish the court to remove that parent’s custody rights. The following are some ways you can prove a parent is unfit for custody. Observe the parent’s behavior. If the parent routinely puts the child in dangerous situations or is negligent in any way, it is not in the best interests of the child to remain in his or her custody. Consider and document any instances of violent acts, emotional abuse or clear abuse of drugs or alcohol. Collect evidence on him or her. If you have observed the parent’s behavior and the child’s environment and have determined the child is at risk, you must collect evidence of these facts. This can come in the form of media files that document injuries or abuse, the child’s medical records, the parent’s criminal records or communications with the parent via email, voicemail or text. Be prepared to share this evidence with the court. Free Consultation with a Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Child Support for Unmarried Parents What Documents Do I Need To Bring When I First Meet With My Bankruptcy Attorney? Making Divorce More Affordable Through Mediation via Michael Anderson https://www.ascentlawfirm.com/separation-agreements-in-divorce/ ![]() Inheritance law is a part of Estate Planning law and it is over the rights of a decedent’s survivors to inherit property. Depending on the type of inheritance law your state has, a surviving spouse may be able to claim an inheritance despite what you may have written into your will. This statutory right of a surviving spouse hinges on whether a state follows the community property or common law approach to spousal inheritance. Children, and sometimes grandchildren, also have a right to claim an inheritance when a parent or grandparent dies. Inheritance Rights of a Widow or WidowerWhether a state follows community property laws or common law determines how inheritance law affects the distribution of a married decedent’s estate. The following are community property states: Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, Wisconsin, and Alaska (although in Alaska, there must be a written agreement between the spouses). The remaining states follow common law. Utah is Not a Community Property StateCommunity property is generally property acquired by either spouse during the marriage. This includes income received from work, property bought during the marriage with income from employment, and separate property that a spouse gives to the community. A spouse retains a separate interest in property acquired through the following methods – Inheritance or a gift- Acquisition of the property prior to the marriage – An agreement between the spouses to keep the property separate from the marriage community. Inheritance Law in GeneralUnlike a surviving spouse in a community property state, a spouse is not entitled to a one-half interest in all property acquired during the marriage. In a common law state, both spouses do not necessarily own the property acquired during marriage. Ownership is determined by the name on the title or by ascertaining which spouses’ income purchased the property if a title is irrelevant. If, for example, only one spouse takes the title to a property, the spouse with the name on the deed owns the house even if the other spouse actually paid for it. A surviving spouse in a common law state has protection from complete disinheritance, however. Every common law state has different guidelines, but most common law states’ inheritance law allows the surviving spouse to claim one-third of the deceased spouse’s property. A deceased spouse can choose to leave less than a state’s mandated inheritance right, but the surviving spouse may make a claim with the court to inherit the predetermined amount. The will is carried out according to the decedent’s wishes if the surviving spouse agreed in writing to accept less than the statutory amount or the surviving spouse never goes to court to claim the legal share. Inheritance Rights After DivorceOnce a divorce becomes final, many states automatically revoke gifts made in the will to the ex-spouse. In other states, a divorce has no effect on gifts to the ex-spouse. It is best to create a new will after a divorce becomes final to prevent an unintentional gift to a former spouse. Inheritance Rights of ChildrenUnlike a spouse, a child generally has no legally protected right to inherit a deceased parent’s property. The law does protect children when an unintentional omission in a will occurs, however. The law presumes that such omissions are accidental — especially when the birth of the child occurred after the creation of the will. Depending on whether a spouse survives the decedent, the omitted child may inherit some portion of the deceased parent’s estate. If the omission was intentional, though, the will should expressly state this. Also, grandchildren do not have a legal right to inherit property from a grandparent. In some states, if the parent of the grandchild is deceased, however, the grandchild may have a statutory right to inherit property from a grandparent if the will does not contain an express statement of the intent to disinherit the grandchild. Free Consultation with an Estate LawyerWhen you need help with probate or estate planning or inheritance issues in general, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Why Avoid Putting Some Things in Your Will Legal Representation is Important to Winning Child Custody Can The Bank Take My Home In Bankruptcy? via Michael Anderson https://www.ascentlawfirm.com/inheritance-law/ ![]() The Securities and Exchange Commission has announced that Mexico-based homebuilding company Desarrolladora Homex S.A.B. de C.V. has agreed to settle charges that it reported fake sales of more than 100,000 homes to boost revenues in its financial statements during a three-year period. According to the SEC’s complaint, Homex filed for the Mexican equivalent of bankruptcy protection in April 2014 and emerged in October 2015 under new equity ownership. The company’s then-CEO and then-CFO have been placed on unpaid leave since May 2016. Homex has since undertaken significant remedial efforts and cooperated with the SEC’s investigation. “As alleged in our complaint, Homex deprived its investors of accurate and reliable financial results by reporting key numbers that were almost completely made up,” said Stephanie Avakian, Acting Director of the SEC’s Enforcement Division. “The settlement takes into account that the fraud occurred entirely under the watch of prior ownership and management, the company’s new leaders provided critical information regarding the full scope of the fraudulent conduct, and the company continues to significantly cooperate with our ongoing investigation.” Melissa Hodgman, Associate Director of the SEC’s Enforcement Division, added, “We used high-resolution satellite imagery and other innovative investigative techniques to unearth that tens of thousands of purportedly built-and-sold homes were, in fact, nothing but bare soil.” The SEC separately issued a trading suspension in the securities of Homex. SEC POSTED NOTICE OF AVAILABILITYThe Securities and Exchange Commission today published a taxonomy on its website so that foreign private issuers that prepare their financial statements in accordance with International Financial Reporting Standards (IFRS) may submit those reports using XBRL. XBRL is a machine readable data format that allows investors and other data users to more easily access, analyze and compare financial information across reporting periods and across companies. PENALTIES IN INSIDER TRADING CASEThe Securities and Exchange Commission today announced that three Peruvian traders have agreed to settle a pending case alleging that they traded on nonpublic information prior to the merger of two mining companies. SEC CHARGES CEO WITH FAILING TO DISCLOSE PERKSPublic companies must properly disclose perks, benefits, and other forms of compensation paid to CEOs and certain other highly compensated executive officers. The Securities and Exchange Commission today announced that the former CEO of a marketing company has agreed to pay $5.5 million to settle charges that his perks were not properly disclosed to shareholders. MDC Partners agreed to a $1.5 million settlement earlier this year for its role in the perk disclosure failures. “Perks paid to corporate executives should be properly disclosed so that investors can make informed decisions,” said G. Jeffrey Boujoukos. “Nadal improperly received and failed to disclose millions of dollars in compensation.” Nadal consented to the SEC’s order without admitting or denying the findings and agreed to pay $1.85 million in disgorgement plus $150,000 in interest and a $3.5 million penalty. He also agreed to be barred from serving as an officer or director of a public company for five years. SEC Lawyer Free ConsultationWhen you need help from an SEC Lawyer, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Is a Business Liable for an Employee’s Actions? via Michael Anderson https://www.ascentlawfirm.com/sec-and-homebuilders/ ![]() When a child is born to unmarried parents, the state typically grants full child custody to the mother automatically. This means that from the moment of birth the mother is the sole, legal decision maker for the child. By having full custody, the mother is also able to have the child live with her full-time. It’s at this point you should realize that you need a child custody lawyer to help you get everything legal. Even if you think things are fine, they can blow up in a flash. Make Sure You Establish PaternityFor the father of the child to receive any parental rights, he must first establish paternity. To be recognized as a parent, he is required to complete a DNA test proving biological paternity, and must also sign a formalized document stating that he is the father shortly after the child is born. Child Support and Child CustodyAn unmarried father who has established paternity now shares the mother’s responsibilities in providing proper care for the child. These duties can include providing financial assistance for the child through child support. If the mother files a motion for the court to decide on child support payments, a judge can step in and determine what amount of monetary support is appropriate. Similar to married couples, child support payments will be determined based on both parents’ incomes and the best interests of the child. If a father would like to increase time spent with the child, he can also file for a court order to increase visitation. However, the unmarried father must have established paternity before seeking any visitation or custodial rights. Do You Need a Divorce?A divorce can be a traumatic experience for everyone involved, but especially for kids. If you have children and are in the process of going through a divorce, you should consider the following tips. Free Consultation with Child Support LawyerIf you have a question about child support or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will aggressively fight for you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 49 reviews
What is the Fastest Way to get Out of Debt? How to Get Custody of Your Child in Utah via Michael Anderson https://www.ascentlawfirm.com/child-support-for-unmarried-parents/ ![]() Making a last will and testament is a smart decision and its part of estate planning. It tells your surviving loved ones exactly what your wishes are regarding your property and assets. However, there are some things that you can’t or shouldn’t include in your will. There are certain types of property you can’t include when making a will. If you do, then it won’t actually work like you think it will. Let me explain. Some types of property carry rules that govern what happens after you die. These rules are independent of your will, mostly because the nature of these types of properties is to name a beneficiary or avoid probate. Life insurance proceeds that have a beneficiary. In this case, like with the trust, the proceeds automatically go to the beneficiary. Retirement plan proceeds, including money from a pension, IRA, or 401(k). The forms for these plans contain a section for you to include your desired beneficiary. Proceeds from a payable-on-death bank account. The form for this account asks you to name your beneficiary. To change the beneficiary, you just fill out another form with your bank. Usually, the settling of the estate and the probate proceedings do not happen until after the funeral. The funeral arrangements are among the first matters of business after someone dies. Therefore, people may not even notice your funeral wishes stated in your will until after the funeral. Instead of leaving your funeral wishes in your will, talk with your loved ones about what you want. You can even make a separate document that spells out your wishes for the funeral, and give this document to the executor or executrix of your estate. A will is still subject to estate taxes. Instead of trying to use a will to avoid the often heavy estate taxes, explore different types of trusts that may work for your situation. Trusts escape a lot of tax subjection, because the property is not passing directly to the beneficiary, rather to the trust account, over which the beneficiary does not have complete control. Be careful with what conditions you put on gifts Not all of those conditions are legal. Conditions that include marriage, divorce, or the change of the recipient’s religion cannot be provisions in a legal will. Therefore, a court will not enforce them. You can put certain other types of conditions on gifts. Usually, these types of conditions are to encourage someone to do or not do something. For example, when making a will, you could say, “to Allison, if and when she graduates from college.” You could also say something like, “to Paul, so long as he uses the property as an art studio.” Just keep in mind that putting conditions on gifts can complicate things. Think about who will actually enforce these conditions, for how long, and does the enforcer get anything like an executor’s fee? Avoid leaving gifts or money for illegal purposes Although this is uncommon, some people will try and sneak in some sort of illegal condition or purpose for the gift. This would not make your will a legal will. For example, you wouldn’t be able to include, “to Mary, so long as she uses the property to grow marijuana,” or “To Jane, so long as she has her first beer before she is 21 years old.” Free Consultation with an Estate Planning LawyerWhen you are ready to make your will or if you have an estate issue you need help with, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
The Attorneys Role in Commercial Transactions Is a Business Liable for an Employee’s Actions? via Michael Anderson https://www.ascentlawfirm.com/why-avoid-putting-some-things-in-your-will/ ![]() Employers, and not the employees themselves, will often be held liable for the conduct of their employees. This is true even if the employer had no intention to cause harm and played no physical role in the harm. To understand why, you have to understand two basic concepts that underlie employer liability. When someone is injured or harmed and needs to be compensated, who is the most likely to pay: the employee or the employer? Fair or not, the legal system is interested in making the victim whole, and assigning liability to the employer rather than the employee has the best chance of meeting that goal. Job-Related AccidentsEmployers are vicariously liable under the doctrine of “respondeat superior” for the negligent acts or omissions by their employees in the course of employment. We’ve seen this as business lawyers. The key phrase is “in the course of employment”. For an act to be considered within the course of employment, it must either be authorized by the employer or be so closely related to an authorized act that an employer should be held responsible. This means that there is a significant difference between an employee that causes a job-related accident and an employee who causes an accident while on the job that is unrelated to his or her employment. Courts sometime use the terms “detour” or “frolic” to signify the difference. A detour is a deviation from explicit instructions, but so related to the original instructions that the employer will still be held liable. A frolic on the other hand, is simply the employee acting in his or her own capacity rather than at the instruction of an employer. Here are some examples to illustrate the difference: A company loans its sales staff vehicles to enable them to make sales calls in the area. Late at night, a sales person drives out to a bar for purely personal fun and hits a pedestrian. The employer will likely not be held responsible because, although the car is owned by the employer, the employee was using the car for personal, not business, reasons when the accident occurred. A company loans its sales staff vehicles to enable them to make sales calls in the area. As part of doing business, the company encourages its sale staff to take potential clients out for dinner and drinks. One night, after taking a client out for drinks, the employee is driving home and hits a pedestrian. The employer likely will be held responsible since it encourages sales people to take clients out for food and drinks, and that is precisely what the employee was doing when the accident occurred. Employer liability would be more ambiguous in this example if the employee turned out to be intoxicated (something the employer might have expected to happen, but likely would have warned the employee against). A company gives its employees cell phones to enable them to call into meetings and stay in touch while traveling. An employee decides to call his mom to let her know that he’ll be in town next week to visit. During the call he becomes distracted and runs into another car causing serious injury. The employer is likely not liable for the car accident, unless a jury decides that the employer should have known that employees would use the phone for personal calls and took no steps to prevent misuse of the phone. A special type of work-related accident occurs when one employee injures another employee while on the job. Workers’ compensation protects you from being sued by your employee provided that the employee was acting within the scope of his or her job when the accident occurred. Instead of filing a lawsuit, the employee would submit a claim to receive payment for lost wages, medical bills, etc. Negligent Hiring – Negligent RetentionNegligent hiring or retention liability, unlike job related misconduct, arises from acts performed by an employee outside the scope of his or her employment. The most common example of this is to hold an employer liable for the criminal conduct of an employee, which is obviously outside the scope of employment. The basis for liability is that the employer acted carelessly in hiring a criminal for a job that the employer should have expected would expose others to harm. An ice cream sales company hires a man convicted of sexually assaulting a minor to drive its ice cream truck and sell ice cream to children. The business is likely liable because it was negligent in hiring a man known to have assaulted minors, and then giving him access to those minors as customers. An elder care facility hires a woman convicted of fraud and identity theft against elderly people to look after and care for the facilities patients. The business is likely liable because it was negligent in hiring a woman who was already convicted of scamming the elderly and giving her access to potential victims. The key to most negligent hiring and retention cases is providing employees with access to potential victims without doing the necessary examination of the employees’. Accordingly, to avoid liability for negligent hiring, an employer should always run a background check on an employee, and be especially careful if the employee has contact with the public. If you as an employer become aware of something after the fact, then handle the matter immediately to avoid negligent retention liability. Workplace Harassment ClaimsWorkplace harassment of employees by other employees has become an increasingly problematic source of business liability for employers. Workplace harassment violates federal law if it involves discriminatory treatment based on: race, color, sex (with or without sexual conduct), religion, national origin, age, disability, genetic information, or the employee’s opposition job discrimination or participation in an investigation or complaint proceeding under the Equal Employment Opportunity Commission or EEOC. Workplace harassment does not include simple teasing, offhand comments, or isolated incidents that are not extremely serious. The conduct must be sufficiently frequent or severe to create a hostile work environment or result in a “tangible employment action,” such as hiring, firing, promotion, or demotion. Even if the harassment did not lead to a “tangible employment action,” the employer can still be held liable unless it proves that the employer exercised reasonable care to prevent and promptly correct any harassment; and the employee suffering the harassment unreasonably failed to complain to management or to avoid harm otherwise. To avoid workplace harassment liability, employers should establish, distribute and enforce a policy prohibiting harassment, and set out a procedure for making complaints. Preferably, the policy and procedure should be in writing. Small businesses owners may avoid liability through less formal means. If a business is sufficiently small that the owner maintains regular contact with all employees, the owner can tell the employees at staff meetings that harassment is prohibited, that employees should report such conduct promptly, and that a complaint can be brought straight to any supervisor or the business owner. Make sure you conduct an investigation. It is not enough to simply create a harassment policy. A business must also conduct prompt, thorough, and impartial investigations into any complaint that arises, and undertake swift and appropriate corrective action to fulfill its responsibility to “effectively prevent and correct harassment.” We have represented several companies with regards to different liability issues. Free Consultation with a Business LawyerWhen you have an employment or business law issue you need help with, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Utah Divorce Lawyer on Divorce in Utah via Michael Anderson https://www.ascentlawfirm.com/is-a-business-liable-for-an-employees-actions/ ![]() In order for a patent claim to be valid, it must propose a concept, idea, or item that is useful, novel, and non-obvious. These terms may seem vague, but they have specific legal meanings that correspond with federal patent law. And even when an idea or invention is technically nonobvious, at least from an engineer’s perspective, it may not meet the legal criteria. A Patent must be usefulThe term “useful” means that the subject matter has a useful purpose. It also requires that the item is operable, since a machine that can’t perform its intended purpose cannot be considered useful in the ordinary sense of the word. Since the decision over whether an invention is useful could be considered subjective, the U.S. Patent and Trademark Office (USPTO) has corresponding examination guidelines. These include the following items- An invention has a well-established utility if (i) a person of ordinary skill in the art would immediately appreciate why the invention is useful based on the characteristics of the invention (e.g., properties or applications of a product or process), and (ii) the utility is specific, substantial, and credible. An applicant need only provide one credible assertion of specific and substantial utility for each claimed invention to satisfy the utility requirement. If it’s rejection is based on lack of utility should include a detailed explanation why the claimed invention has no specific and substantial credible utility. Whenever possible, the examiner should provide documentary evidence. A Patent must be novel“Novelty” is strictly defined by patent law, essentially referring to the originality of the idea. An invention cannot be patented if the invention was known or used by others in the United States before the patent applicant invented it. The invention was patented or described in any printed publication, before the patent applicant invented it. The invention was patented or described in a printed publication in any country more than one year prior to the inventor’s U.S. patent application. The invention was in public use or on sale in the United States more than one year prior to the inventor’s U.S. patent application. These rules don’t prevent a person from patenting an improvement to another invention, however. For example, tire makers have long known the formulas for making tire rubber. But what if an inventor found a way to make tire rubber twice as long-lasting by slightly changing the chemical composition? This could well be a patentable improvement as long as the difference wasn’t obvious. It needs to be non-obviousEven if a new invention differs in one or more ways from another patented invention, a patent may still be refused if the differences would be obvious. Non-obviousness is defined as a sufficient difference from what has been used or described before that a person having ordinary skill in the area of technology related to the invention would not find it obvious to make the change. For example, sodium chloride (table salt) and potassium chloride (a chemically similar salt) can often be used interchangeably. A chemist working to improve road salt would consider it obvious to substitute potassium chloride for sodium chloride, so a formula that simply made this substitution in an already patented road salt formula would not be patentable. Free Consultation with an Intellectual Property LawyerIf you are here, you probably have an IP matter you need help with. If you do, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Divorce and Medical Practice Owners in Utah Salt Lake City Lawyer Talks About Innocent Shooting Contempt of Court in Utah Custody Parenting and Visitation Cases via Michael Anderson https://www.ascentlawfirm.com/patents/ ![]() One of the most contentious aspects of a divorce is dividing property. The hate and anger can cause normal people to do the unthinkable – which they later regret. You don’t want to regret things later – you want to take the higher road. Separate property is generally excluded from division in a divorce. It includes property that was owned by one spouse before the marriage. Any inheritance one spouse gets, even during marriage, is separate property. There are instances in which separate property – or the increase in its value – can become marital property. Marital property includes property obtained by either spouse during the marriage, regardless of whose name is on the title. For example, if only one spouse’s name was on the deed to a home they bought while married, the other spouse would still be entitled to a portion of its value. In a divorce, the court divides marital property based on considerations including the following – each spouse’s income and property at the time of the marriage. Each spouse’s age and health. How long the marriage lasted. The direct or indirect contributions of each spouse to the household (i.e., as a wage earner or homemaker). Whether the custodial parent needs the home to care for the children. Judges will also consider each spouse’s probable future financial circumstances (including support awarded in the divorce), the loss of inheritance and pension benefits and the tax consequences for each spouse. They might also take into account wasteful spending, property destruction or spousal abuse. Helps So You Can Begin Your Divorce Process in a Civil WayWhen people think of divorce, what often comes to mind are contentious, drawn-out court hearings filled with anger and insults. However, this is not usually the case. The divorce process can be remarkably civil if both sides commit themselves to being calm and amicable. Below are a few helps to help make your divorce as civil as possible – communicate: At some point, you may need to tell your spouse you’ve been having doubts about your relationship and have decided you want a divorce. There’s no way to “ghost” from a marriage. If you want to take away some of the shock, you can reach the point of using the “d” word gradually. Find several times to discuss your unhappiness with your spouse before you ultimately tell him or her you want to end your marriage. Go to therapy if your spouse wants it: Your spouse may tell you he or she wishes to pursue couples therapy. If this is the case, put in a legitimate effort (unless domestic violence or abuse is involved). Even if therapy does not save your marriage, it can help you reach some important decisions as to how you will tell your children, family members and friends about your split. Deescalate arguments: If you have decided you will move forward with a divorce, it does neither side any good to argue about things that have happened in the past. Nothing good can come of those arguments, so shut them down as soon as they seem like they’re about to begin. This can help you keep things amicable during the divorce process. Tell your children together: Sit down as a couple and tell your children about your decision. Reassure them it is not at all their fault. Do not blame each other — focus instead on the ways you will keep life as consistent as possible for your kids moving forward. Don’t talk negatively about your former spouse: It is unfair to your former partner and to your children for you to badmouth your former spouse. Your kids need to maintain a good relationship with both parents, so you should never purposefully say or do anything that paints the other parent in a bad light. Free Consultation with a Divorce LawyerIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506 via Michael Anderson https://www.ascentlawfirm.com/divorce-and-property-division/ ![]() Having a will is arguably one of the most important things you can do for yourself and your family as a part of estate planning. Not only can a will legally protect your spouse, children, and assets, it can also spell out exactly how you would like things handled after you have passed on. You decide who will take care of your minor children. A will allows you to make an informed decision about who should take care of your minor children. Absent a will, the court will take it upon itself to choose among family members or a state-appointed guardian. Having a will allows you to appoint the person you want to raise your children or, better, make sure it is not someone you do not want to raise your children. To avoid a lengthy probate process. Contrary to common belief, all estates must go through the probate process, with or without a will as a part of probate law. Having a will, however, speeds up the probate process and informs the court how you’d like your estate divided. Probate courts serve the purpose of “administering your estate”, and when you die without a will (known as dying “intestate”), the court will decide how to divide estate without your input, which can also cause long, unnecessary delays. You can minimize the estate taxes. Another reason to have a will is because it allows you to minimize your estate taxes. The value of what you give away to family members or charity will reduce the value of your estate when it’s time to pay estate taxes. You can disinherit individuals who would otherwise stand to inherit. Most people do not realize they can disinherit individuals out of their will. Yes, you may wish to disinherit individuals who may otherwise inherit your estate if you die without a will. Because wills specifically outline how you would like your estate distributed, absent a will your estate may end up on the wrong hands or in the hands of someone you did not intend (such as an ex-spouse with whom you had a bitter divorce). You decide how your estate will be distributed. A will is a legally-binding document that lets you determine how you would like your estate to be handled upon your death. If you die without a will, there is no guarantee that your intended desires will be carried out. Having a will helps minimize any family fights about your estate that may arise, and also determines the “who, what, and when” of your estate. You can make gifts and donations. The ability to make gifts is a good reason to have a will because it allows your legacy to live on and reflect your personal values and interests. In addition, gifts up to $13,000 are excluded from estate tax, so you’re also increasing the value of your estate for your heirs and beneficiaries to enjoy. Be sure to check the current laws for your year to learn the most up-to-date gift tax exclusions. You can get rid of greater legal challenges. If you die without a will, part or all of your estate may pass to someone you did not intend. For example, one case involved the estate of a deceased son who was awarded over $1 million from a wrongful death lawsuit. When the son died, the son’s father – who had not been a part of his son’s life for over 32 years – stood to inherit the entire estate, leaving close relatives and siblings out of the picture! You can change your mind if your life circumstances change. A good reason for having a will is that you can change it at any time while you’re still alive. Life changes, such as births, deaths, and divorce, can create situations where changing your will are necessary. You never know when you’re going to die. Procrastination and the unwillingness to accept death as part of life are common reasons for not having a will. Sometimes the realization that wills are necessary comes too late – such as when an unexpected death or disability occurs. To avoid the added stress on families during an already emotional time, it may be wise to meet with an estate planning lawyer to help you draw up a basic estate plan at the minimum, before it’s too late. Will Lawyer Free ConsultationIf you are here, you probably have an estate matter you need help with, or you might need a will. If so, call Ascent Law for your free consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
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About MeIn 2009 I was creating marketing channels for barbie dolls in Nigeria. Spent a weekend implementing dogmas in Naples, FL. Won several awards for writing about toy trucks in Mexico. Spent 2001-2007 analyzing deodorant in Pensacola, FL. Spent 2001-2004 researching heroin in Miami, FL. Enthusiastic about writing about clip-on ties in Naples, FL. Archives
June 2019
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