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This is your very first post. Click the Edit link to modify or delete it, or start a new post. If you like, use this post to tell readers why you started this blog and what you plan to do with it.
Succession laws in Utah are complex. A will is just one of the many ways a person can distribute his assets amongst his relatives and other persons close to him. A will must go through probate. Seek the assistance of an experienced Layton Utah probate lawyer.
Never assume that a will is not for you and that you are better off using trusts for the purpose of estate planning. More often than not, a will may be the best option for you. It is important that you understand the entire probate process before you take a decision. Speak to an experienced Layton Utah probate lawyer.
Although not advisable, you could write your own will if you expect few issues when you pass away regarding the distribution of your estate and merely want to pass your property in a clear and uncomplicated fashion. You can consider writing your will on your own if
• You aren’t too old – generally under the age of 50
• You have few assets or the value of your assets are negligible
• You have been married only once or you do not have any children from your previous marriages
• You are certain that no one will challenge your will on the grounds of lack of mental capacity, duress or fraud.
You could draft a simple will naming your beneficiaries and how your property should be distributed amongst the beneficiaries. You can also appoint a guardian for your minor children.
In all other circumstances, you should have a will prepared specifically for you by an experienced Layton Utah probate lawyer. Always seek the assistance of an experienced Layton Utah probate lawyer if:
• You have a child with special needs and you need to establish a trust for that child
• Your estate is valuable enough to be subject to estate tax
• You have been married more than once or you have children from prior marriages
• You want to set up a trust and vest your assets in that trust for the benefit of your children
• Your assets are likely to grow in the coming years
• You have your own business
• You and your spouse want to create a joint will
Whether your will is going to be a simple one or a complex once, an experienced Layton Utah probate lawyer is your best source of advice.
If any of your close relative is suffering from a terminal illness, speak to an experienced Layton Utah probate lawyer to understand what needs to be done to protect the person’s assets. It’s important for the person to start planning on how his estate should be distributed once he is no more. There are many ways to do this. A will is just one of them. An experienced Layton Utah probate lawyer can explain the other options to you.
A number of estate-planning devices are available to the patient and family with which to accomplish the various lifetime and postmortem estate-planning objectives. Speak to an experienced Layton Utah probate lawyer to know the options.
To know more about the will as a method of estate planning, you should understand the Utah intestacy laws. An experienced Layton Utah probate lawyer is your best source of information on Utah intestacy laws. Utah intestacy laws are complex. Certain general rules apply to the use and ownership of property. The laws of descent and distribution determine how the property interests and controls are distributed when there is no predetermined distribution plan. Basically, Utah intestacy laws are the default estate planning device for those Utah residents who die without an estate planning device in place. Practically speaking, there isn’t much of a choice for an individual. You either make your own plan or use the default plan – Utah intestacy laws.
Trusts can solve a lot of problems and ease the process of passing a person’s estates to his r children. Don’t allow yourself to be “scared” into living trusts by horror stories about the probate. In most cases, the process doesn’t pose such a big problem. Speak to an experienced Herriman Layton Utah probate lawyer to take an informed decision. A will must still be drafted even if a living trust is in place. The will provides for items that the grantor did not want to put into the trust, as well as property that the grantor would have liked to pass through the trust but never changed title to. For this reason, the term “pour over will” is frequently used, since it provides that any other assets within testator’s estate should simply be poured over into the trust.
To be sure, estate and financial planning is never easy. But for families with a disabled child, there are additional complications and uncertainties. It’s much more of an emotional issue than just dollars and cents. You’re talking about someone who can’t take care of themselves. If you’re a parent of a disabled child, contact an experienced Layton Utah probate lawyer to know how you can ensure that your disabled child is looked after when you are no more. It’s important to recognize that the child likely will continue to need assistance long after your death. You need an estate plan that spells out all of your wishes, but is flexible enough to accommodate any unforeseen developments. Start by deciding how you’ll want your child to be cared for after your death. As with traditional families, you’ll need to draw up a will.
But parents with a disabled child encounter an additional problem: government funding. Government programs such as Social Security are necessary for many disabled people because care is expensive and can rapidly deplete a family’s resources. There are a number of costs the government won’t cover, such as over-the-counter medicines, trips and entertainment. It is the parents who typically fill the financial gap. However, upon their death, parents just can’t just leave a lump sum of money for a disabled child. Inheriting just a few thousand dollars can put an end to government funding. A relative or friend, with the best intentions, could leave $5,000 to a disabled person and cause problems. Speak to an experienced Layton Utah probate lawyer to know how you can deal with this problem. The answer is a “special needs trust.” Such a trust not only protects access to government assistance, but it also includes a comprehensive plan spelling out how your disabled child will be cared for after your death. The proper wording of the trust is crucial. A special needs trust must also be very clear about the assignment of authority. A beneficiary, for example, can have no power over the trust or its assets. That role must go to a trustee, usually a sibling of the disabled person. The trust also must only provide for supplemental items not covered by the government assistance.
Otherwise, it could jeopardize Supplemental Security Income, or government health benefits. Age is another factor. Until the child is 18, the Social Security Administration determines financial need based on the parents’ assets and income. After 18, financial need is determined by the income and assets of the disabled person. The document outlining the special needs trust also should contain a clause that would allow the trust to distribute the assets in the event the government attempted to break the trust. A family must also decide who will take care of a disabled child after the death of the parents. Ideally parents should name one individual as the guardian and another as the trustee. The guardian would have responsibility for seeing to the personal needs of the disabled person. The trustee would oversee the finances. Family members usually are preferable choices. You should try to match up individuals with responsibilities that are best suited to their strengths and weaknesses. One sibling may be better at managing investments, while another is more attentive to the disabled child’s emotional needs. Naming several backup guardians is a very good idea. The next big issue is the allocation of family assets, which can be a touchy subject. More than likely, a disabled child is going to need more support and therefore may require a greater share of any inheritance. Deciding how much money is enough to sufficiently cover the costs of caring for a disabled child after the death of parents depends on the severity of the disability.
As with any financial planning, families with disabled children should begin planning for their child’s future care sooner rather than later.
What would happen if you die or become disabled and can no longer care for a child with a disability? Here’s checklist to help you prepare.
• Have a written plan to let others know what you want in the future.
• Let friends and relatives know about your plan.
• Review the plan at least once a year.
• Name an advocate or guardian for your child.
• Make sure you understand all of the government benefit programs that are available for basic care and supervision.
• Set aside sufficient funds so the disabled person will continue to have a comfortable lifestyle.
• Make sure you and your spouse have current wills that include your child.
• Develop a “special needs trust” to manage current and future resources.
Everyone should have their own will. The size and value of their asset is not an issue. Just because your estate is small, it does not mean that you don’t need a will. It is through your will that you let the world know how you want your assets to be distributed after your death. In the absence of a will, the State of Utah will distribute your assets. This is done under a set of rules know as Utah intestacy law. However, Utah intestacy law will not know anything about you wishes. All that is consider is your relationship. So, someone close to you but not related to you could end up not getting a rightful share in your estate although you wanted that person to get a share in your estate. Speak to an experienced Layton Utah probate lawyer to know how you can ensure your estate is distributed to the ones you love.
Once you have found an experienced Layton Utah probate lawyer, you have to meet the lawyer face to face. Seek an appointment with him. Generally, the first meeting will be held at the lawyer’s office. However, in exceptional circumstances wherein the testator is ill and cannot visit the lawyer’s office, the lawyer may agree for a home visit. During the first meeting the lawyer will want to know about you – your personal information, information about your assets, your previous marriages and children from previous marriages, the intended beneficiaries of your will. Provide the lawyer with the answers. If you want to provide other information which the lawyer has not asked for but you believe is important for the lawyer to know, don’t hold back. Provide the information. He will decide if it is relevant. Don’t conceal any information from the lawyer. Remember the lawyer needs all the information to make a valid will that will pass through probate. Holding back information can result in a will that is challenged in probate. Nothing stops a disgruntled relative from challenging a will but a will drafted by a well informed lawyer will be able to successfully deal with the challenge during the probate process. Remember when your will is going through probate or when it is being challenged, you will not be there to provide the information. When you are selecting the executor of your will, speak to the person before naming him as the executor. Let your Layton Utah probate lawyer speak to him. The lawyer will inform him of his responsibilities as the executor and if the person is willing to act as the executor, the lawyer will go ahead and draft your will naming him as the executor. A valid will must need to be witnessed by two persons. The two witness must have witnessed the testator sign the will.
When you need legal help with probate in Layton Utah, please call Ascent Law for your free consultation (801) 676-5506. We want to help you.
It is so unfortunate
that over half a million Americans declare bankruptcy every year. In case you
are one of them, you are probably wondering how soon the bankruptcy will
disappear from your credit report. Not only that but also thoughts such as,
“Can credit repair remove bankruptcies”
It is sure tough to get
into bankruptcy. Let me first highlight the joys that bankruptcy can rob you
Maybe a bankruptcy
advocate told you that filing for bankruptcy is the best way out of your debt
problems. It is true that bankruptcy can give you some slight sigh of relief
during a financial crisis. You should, however, be aware of the following 5
major consequences of filing a bankruptcy.
You may think that
being excused from your debts is the best solution to hard financial times.
Once you file for bankruptcy, you remain marked for the next seven to ten
years. Then every person or institution you turn to for credit sees that you
were bankrupt a year or two back. Are they likely to trust you again?
Bankruptcy, being a
legal procedure, becomes a public record once you file it. The public can have
access to your bankruptcy details whenever they want to. This is certainly a
stain on your name.
By declaring yourself
bankrupt, you can get rid of unpaid income tax bills that are over 3 years old,
and a number of unsecured debts like medical bills and credit card
balances. You will still be required to
pay for taxes under 3 years old. Likewise, your student loans will not be
Funny this is, but
that’s how pinching bankruptcy can be. You normally have to hire a bankruptcy
lawyer, whose fees are normally high. Depending on whether you are filing for
chapter 7 bankruptcy or Chapter 13, you can spend anything between 0 and
$3,200. Such amount of money is certainly not readily available to most of the
average income earners.
Any bank or financial
institution you approach for some mortgage or the like after being declared
bankrupt will really scrutinize your application. And chances are very high that
you will be denied. Remember they are in business for profit and would not want
to incur any loss.
You have nevertheless
found yourself bankrupt. Your credit score is really low because of this. It’s
never too late. Let us see how you can remove bankruptcy from your credit
That is the desire of
every bankrupt individual who wants to regain creditworthiness. As earlier
mentioned, the bankruptcy will show in your credit report for up 10 years. Is
there a way you can remove it before such a long period elapses?
To be frank, it is very
difficult to remove bankruptcies before they naturally expire. Good news is
that it is still possible, provided you are ready to put in the required
effort. Let us dissect this matter further to get a good understanding.
To answer this question,
you first need to know the two types of bankruptcies. The two are:
Starting with Chapter 7,
these are more common than the second type. They make up close to 70% of the
cases each year. Chapter 7 bankruptcies
spell out this: Liquidate all my qualifying assets, pay you whatever I can
afford, do away with the remaining debt.
These bankruptcies are
do not include long term payment arrangements, the reason why they are more
On the contrary, Chapter
13 bankruptcies spell out this: Given more time, I will pay all my debts,
provided I’ll not follow the originally agreed upon timelines. A new payment
plan is drafted and an assigned trustee oversees it.
The Chapter 13
bankruptcies remain for 7 years on your credit report, whereas Chapter 7
bankruptcies stay for 10 years.
We now move to these two
variations – fraudulent and legitimate bankruptcy
may result from acts such as identity theft or clerical error. It may be some
cyber criminals or fraudsters impersonated you and got you into this trouble
without your knowledge. First, use the PACER system to access your bankruptcy
Once you detect such
erroneous inclusions in your credit report, move on to file a dispute with the
respective credit bureaus. The first step is to ask the court to write a statement
verifying that you have no bankruptcy declared.
Of course, be ready to
provide any identification documents and other related documents they will
require of you. Once you resolve the issue with the court, write a dispute
letter to each of the 3 credit bureaus.
In case the credit
bureaus find out your name was included erroneously, they will proceed to make
changes on your credit report. This normally takes a couple of weeks. Exercise
some bit of patience.
This whole process may
prove too tedious for some individuals. Don’t fret – the credit repair
companies are there for you. A carefully chosen company will be able to get out
the bankruptcy record from your credit report without you incurring uncalled
“What if I am
legitimately bankrupt?” You ask.
The law still gives you
the right to dispute any entry on your credit report. Take time to go through
the credit report. Be on the lookout for any errors. The more you detect the
better. These will serve as evidence and raise the chance of ridding your
credit report of bankruptcies.
What if you do not find
any error? I have this to tell you – it pays to try. Send a request letter
requiring the credit bureaus to verify whether the inclusion of bankruptcy in
your credit report is correct.
Wait for their response.
If luck is not on your side, the credit bureau will say they obtained the
information from the court. End of the tunnel? No!
Take your battle to the
court. Your objective here is to unearth some loophole in the process so that
the credit report is stripped of the bankruptcy element.
Again, let me point out
that you are simply chancing. Not all victims have succeeded to remove
bankruptcy from their credit reports. Who said you cannot be the 1 % of the successful
ones? Trying is definitely better than sitting down and staring at a low credit
score for 10 years.
The credit bureaus are
definitely not on your side. I am pretty sure you have visited some of their
online platforms. From their perspective, it is next to impossible to remove
bankruptcy from your credit report.
I must disclose here
that they harbor some ulterior motives. This they do under the cover of
shielding you from scammers – that is the credit repair companies. Do not buy
their fallacies. It is definitely possible.
In the course of all
this, try your best to remain calm in your wording in whatever letter you send.
Hardship tends to work you up emotionally. Just restrain yourself from
releasing the pain on the wrong person.
A frivolous dispute is a
good candidate for shut down by the credit bureaus. They will use your harsh
words against you, so play it safe.
We all learn from
mistakes. Do not see your bankrupt state as the end of things. The first thing
you would want to do is check your personal finance habits to ensure you do not
return to the same spot again.
Allow me to inject this
here – quite a lot of people have not yet mustered their spending habits. You
will be shocked to realize that the majority of those declared bankrupt are
high-income earners. But how did they get into such a financial mess? Failure
In other words, they
planned to fail.
Every individual ought
to review their income and use this to plan their spending. Discipline is the
key thing when speaking about finances. That simply translates to restraining
yourself from purchasing any good or service that stretches your finances, while
you could have done without it.
purpose to pay all your bills on time. This will, in the long run, reflect in
your credit score. Set up funds in good time way before the payment deadlines
Something else I will
advise you to do is avoid by all means getting into more debt. Your previous
debt might have been scraped off, but racking up additional debt will
negatively impact your credit score.
As you seek to repair
credit, do not hire any professional services that are out of your reach.
Always do a thorough background search of the most affordable, reliable and
effective lawyer or credit repair company. Restrain yourself from emotionally
subscribing to the most expensive service in a bid to get out of the mess. You
will most certainly plunge yourself further into huge debts.
It is my sincere wish
that your current bankrupt state will coerce you into soul-searching. Where did
I go wrong? What eats up the biggest chunk of my income? Is it worthwhile to
spend money on. What if I never spent on such and such a good or service? Would
my life still be comfortable? Is it better to stay without that equipment and
be stress-free or have that machine and drown in stress?
You will certainly come
up with tangible answers which will lead you to a wise approach regarding your
Life must definitely
move on. Whether bankrupt or not, you must earn your daily bread. This is
sometimes difficult without some loan or credit facility of some kind, to start
up that small business and to keep you in the same.
Is there hope?
Yes, for sure. Consider
getting a secured loan. The bank, or whatever the lending institution, will
require you to make some deposit into a savings account. If you pay them on
time, they will forward the positive reports to the credit bureaus, and this is
set to improve your credit score over time.
Over time, they will
even allow you to take a car loan or a mortgage. As long as you honor your
promise of payment, all will work towards your good.
after bankruptcy is the secured credit card. With this type of credit card, you
are required to pay some upfront fee. You will not be allowed to spend more
than the amount you deposited.
The downside of this
type of credit card is the high interest rates that come with it. I would
therefore advise you to simply use it for a short period as you work on your
credit score. Once you attain the required score, start pursuing an unsecured
All these good deeds
should be reported to the three credit bureaus. The good thing is that they
reward without fail.
To wind this up, I will
again speak of hope. Bankruptcy can be really devastating. Even so, it is not
the end of your financial mastery. The best attitude to develop at such times
is the I can attitude. Look at it as the turning of a new page in the story of
Look back to your
history and analyze what really went wrong. Let the discovery be a stepping
stone to future financial endeavors.
In the case that credit
repair does not remove bankruptcy, tell yourself that 7 years is but a short
period of time. Hustle through the hard years and you will soon be on your feet
A construction contract must spell out the various
documents that make up the contract documents and incorporates them into the
agreement. This is necessary because the agreement alone is not a complete
contract and requires the other documents to be binding and inclusive. The
contract must name the documents by their generic titles and list separately
all of the items that are being incorporated into the agreement- the Conditions
(General, Supplementary, and other), the drawings and specifications, any
addenda issued prior to the formal agreement, and any other documents necessary
to the particular project. The documents and the construction contract together
constitute the entire contract and supersedes any other agreements or
negotiations that may have occurred.
The owner must be sure that any issues discussed
and resolved during negotiations are reduced to writing and included in one of
the documents on this list, in order to have any legal effect. The owner also
must be careful not to list conflicting or redundant documents.
The Work of the Contract.
The contract must the scope of work to be completed
under the contract and any exceptions where necessary. Owners should be
thorough and inclusive when defining the scope of work. The descriptions used
must incorporate all work covered by the plans and specifications, plus any
additional work, conditions, or responsibilities required to complete the job.
The owner should state its plans to complete certain aspects of the project
itself or with a separate contractor.
Date of Commencement and
The Date of Commencement is the start of the
construction period but not always the start of construction. Although time is
of the essence on most construction projects, the owner should be cautious in
defining a specific start date at contract signing. Many things can happen to
delay project construction, particularly on rehabilitation projects. Tenants
may have to be relocated, authorization permits must be obtained, and financing
must be put in place. These factors are not always under the direct control of
If a contractor is delayed in starting the
project after an official start date is established, additional compensation
may be required. Therefore, some form of flexibility is necessary to allow the
owner to address last-minute changes and issues.
A useful tool for the owner to include in the
agreement is a requirement of a Notice to Proceed letter. This document is
issued to the contractor, after signing the contract, as notification that the
conditions are correct to begin construction. This letter allows the owner to
reduce its risk and to increase its flexibility as to timing of the work. The
owner locks in the contractor to a stipulated sum as defined in the agreement,
and thereby reduces the risk of a price change. In addition, the owner
maintains the flexibility of starting the project only when all necessary
conditions are met.
Contractors, for obvious reasons, dislike Notice
to Proceed letters. These letters are perceived as risky by contractors because
they give owners an open-end date to begin construction. Owners who want to
utilize the Notice to Proceed mechanism must explicitly state that the start of
construction will be determined by a Notice to Proceed letter. This gives the
contractor fair warning of this condition.
The contract must also state the date and
condition under which a contractor will have achieved “Substantial Completion.”
This is a point in the construction process, defined and certified by the
architect or construction manager, when the project is essentially suitable for
occupancy in whole or in part. In addition to the conditions necessary for
occupancy, the contractor must have secured government authority to occupy the
property (a Certificate of Occupancy and similar documents) by the date of
If occupancy of the project by a certain date is
critical to an owner, provisions should be made for penalties or incentives to
induce the contractor to proceed diligently and to compensate the owner for
possible damages that may be caused by delay. One form of inducement is the use
of a liquidated damages clause. Liquidated damages are intended less as a
penalty and more as a means of keeping the owner whole during each day that the
contractor delays completion. Liquidated damages amounts, often calculated and
reflected in the contract as a predetermined per-diem charge that is assessed
against the contractor for every day that the project is delayed, should
represent the owner’s estimate of potential damages (e.g., lost rental income,
additional interest carry, and so on). Despite the owner’s attempt to base this
per-diem charge on reasonable damages estimates, the establishment of a
liquidated damages clause may be the most difficult issue that the owner and
the contractor will have to negotiate. In addition to a liquidated damages
clause, the owner should consider including an incentive clause in the
agreement. An incentive clause commonly allows the contractor to share with the
owner, in an agreed-on percentage, any cost savings resulting from completing
the job ahead of schedule. When the project is completed and the owner is free
to occupy all or some portion of the project, the responsibility for
warranties, insurance, security, utilities, and damage may be shifted from the
contractor to the owner. The manner and timing for this transition of
responsibility should be carefully planned by the owner, the attorney, and the
The Contract Sum.
The contract must stipulate the basic terms of
compensation for completing the scope of work. The owner should define the
lump-sum amount to be paid and any alternates that may be acceptable. If unit
prices are to be used, they should be fully defined in the space provided. In
addition, the owner should specify the time period during which all alternate
and unit prices will be guaranteed by the contractor.
Progress Payments and
The contract also establishes the procedures to
be followed in making the periodic payments (often referred to as “progress
payments” or “draws”) to the contractor for work completed. This is a prime
responsibility of the owner, and careful coordination with the construction
lender or lenders is required.
Timing of periodic
payments—Contracts commonly call for the
contractor to submit an Application for Payment on the 25th of the month. In
many cases, the contractor will project its costs through the end of the month
and include them in the application. This projection requires the owner, architect,
and lender to guess whether the contractor’s estimate is accurate or not. To
eliminate the projection problem, owners should consider stating that the
payment period is one calendar month, beginning and ending on the 25th of each
periodic payment requests—The construction lender’s standard procedures for
reviewing the Applications for Payment and then issuing checks will affect the
schedule of payment or the date when the contractor can expect to get paid
after submitting a progress payment request. Lenders will require specific
supporting documentation such as “lien waivers” and affidavits, as discussed
below, before processing any payment requests. Where applicable, a list of the
documentation that will be required from the contractor with each payment
request should be provided to the contractor so all parties understand and
agree to the procedures and schedule of payment.
lien waiver is a document that the contractor receives from a subcontractor in
order to certify that no liens have been or will be placed on the building or
property because of non-payment. Lenders require these waivers to ensure
themselves that the payments made to the contractor are being distributed to
the subcontractors. Lien laws vary between localities, however, and contractors
often submit lien waivers from subcontractors one payment period in arrears. In
order for a contractor to submit current lien waivers for each period, the
contractor would have to pay the subcontractor out-of-pocket or have the subcontractor
forgo the lien rights prior to payment.
must determine the best procedure for dealing with lien waivers based on local
laws and the contractor’s financial strength. This issue must be carefully
addressed in the agreement, to avoid delays in the project schedule due to
the amount of periodic payment requests
contract must also devise a formula for calculating periodic payments. There
are essentially three factors in the calculation:
The contract lays down the conditions and
government approvals that a contractor must achieve in order to receive final
payment for the project. For the owner, the Final Payment can be a nightmare!
The project has taken a long time to plan, design, and build, and everyone is ready
to finish the job. The problem is defining what is a finished job. The
contractor has to move equipment and crew to a new job and does not have time
to clean the building and property or complete the incidental items required by
the owner. The owner has successfully marketed the project and wants to move
the tenants in, but the building is dirty and the details haven’t been
addressed. The Final Payment is the lever to move the contractor to complete
the project to the owner’s satisfaction.
An experienced contractor with a good working
relationship with the owner will send in the “punch list” crew to touch up,
clean up, and tighten up everything the owner’s needs. Other contractors have
drawn down all of their compensation in previous payments and will not be
sufficiently induced to stay on the job. The owner cannot wait until the Final
Payment to define how and when the job is complete.
The owner should coordinate a final inspection
schedule and determine the conditions necessary for final payment with the
construction lender. Reliance on a Certificate of Occupancy or other municipal
authorizations is problematic in that the authorities’ concern is only for the
health, safety, and welfare of the occupants, not the appearance, cleanliness,
workability, or warranty of the project.
Subcontractors are specialized members of the
development team. They can be hired for the project by the contractor, to
supplement the trade experience of the crew; they can be hired by the owner, to
work for the contractor; or they can be hired by the owner, to work for the
owner directly. Elevator installation, electrical and plumbing work, and kitchen
installations are just a few examples of the types of building trades hired
under subcontracts. The construction contact can address this issue.
the owner hires the subcontractors, there is no contractual relationship
between the contractor’s subcontractors and the owner. This has advantages and
disadvantages to the owner. Without a direct contract, the subcontractors must
act through the contractor to resolve disputes on the job. As long as the
contractor continues to obtain lien waivers from the subcontractors, the owner
can be satisfied that no legal action against the property by a subcontractor
will interfere with the construction progress.
however, a subcontractor’s performance on the job is not to the owner’s
standard or satisfaction, it can be difficult to have the subcontractor
replaced without the direct contractual relationship. The owner must act
through the contractor to address complaints in this situation.
the owner hires the subcontractor, it is usually done to decrease costs,
especially on publicly bid projects, or to impose an element of control over
the project. There is a disadvantage to this approach for the owner.
Responsibility for the subcontractor’s work becomes blurred. Normally, the
contractor is liable for the work of all subcontractors. If the owner hires the
subcontractor and the subcontractor does not perform or causes delays, the
contractor can claim damages. Attempts to modify the Construction Agreement to
shift liability for this subcontractor’s work with disclaimers are common in
the industry. The owner should weigh carefully the use of independent
subcontractors on the job.
Seek the assistance of an expert
When you are entering into a contract with a
contractor to construct a building on your property, speak to an experienced
American Fork Utah real estate lawyer. The lawyer can prepare the construction
contract for you.
The comprehensive process of
submitting divorce papers is commonly known as the service process. The first
step entails drafting of viable documents either by you or through the help of
an attorney. This is followed by going to a court clerk to file those documents.
The court officer proceeds by signing
what is referred to as a summon, which they then hand it over to you. After
getting the response from the clerk you can go ahead and deliver them to your
former significant other usually within 91 days. Before delivering the papers,
it is essential that you go through paperwork again and make sure that the
settlement is really what you desire.
You can peruse through the papers
with a divorce barrister or alone as long as you understand the legal terms.
Divorce papers comprise of any
important and necessary documents that are mandatory in a divorce. apart from
you, anyone who is 18 years old and above is eligible to serve the papers.
however, such an individual should not have any association in that divorce.
Before we look at who serves the divorce papers let’s first take a look at what
is contained in those papers.
There are two major types of
documents that are served during the process of getting divorced. The first
document is known as the Summons and Complaint. The summons contains the
details of the divorce including the time you have to file a response to the
divorce. The complaint part consists of all the information about the other
spouse that you want to be separated from. It also contains the details of the
separation terms such as the real estate division settlement, alimony and child
The other documents filed can include
the Ex Parte Orders. These are motions that are filed asking the judge to order
something before the beginning of the divorce case. They are usually about all
sorts of things. For instance, they can order a spouse or both not to sell the
property until the case is heard or order a certain amount of payments specifically
for child support.
They are emergency orders and
therefore can be the court can issue them without the presence of the other
spouse. Other documents may also include Uniform Child Custody Jurisdiction
Enforcement Act Affidavit, Friend of the Court Handbook, Motions for Temporary Orders and verified statements.
This is a viable document which is
submitted in any divorce case that involve minors. This document is meant to
prevent parental kidnapping across distinct states. It gives a provision for
uniform jurisdiction in interstate child visitation and custody hearings.
The Act has already been passed in
more than 25 states and is already legislation in many other States.
If one of the separating individuals
in the divorce case is pregnant or the case involves a minor then the handbook
can be included among the divorce papers. The handbook provides a summary of
all the duties and responsibilities of the Friend of the Court. It also
contains some of the ordinary court procedures.
These are the same orders that can be
contained in Ex Parte Orders, the only difference is that temporary orders
cannot be granted without a hearing. Either party can file for a motion of
temporary order. They usually contain all the relevant information such as the
place, time and specific date where the case or motion will be heard.
This document will be served together
with other divorce papers if there are any pending or unresolved family court
cases. The cases take into consideration the presence of your spouse, children
and yourself in order to be served with the addendum.
there is also one more document that
is normally served, the Verified Statement. This document is usually served
when one of the spouse is seeking alimony.
Divorce documents can be served by
any person who is not a concerned party in your case and is 18 years and above
as mentioned earlier. Many people resort to asking a relative or a friend to
serve their papers. You can also choose to pay for a professional server or pay
your local sheriff or police department to deliver the paperwork on your
behalf. Whoever you choose to deliver the papers must:
It is important that you deliver the
Summons to your spouse within 91 days following the filing for divorce or the
case can collapse on grounds of technicality. If you have to mail the papers
you should follow the following guidelines to prevent your case from being
Serving divorce papers is usually not
that expensive. The associated costs depend on factors such as turnaround-time
(TAT), the number of attempts to be made as well as the urgency involved. For
instance, the same day or rush servers are usually paid higher amounts than
The cost of a routine server which is
to be completed within a week of receiving the documents typically ranges from
$20 to $100. However, the national average figures are a bit low and vary
between $45 to $75.
In some states, you can demonstrate
that you are in need of financial help and get a waiver on the court’s filling
for a fee. Some papers are also free and can be obtained online. If you need to
file for the divorce urgently and have no cash, you can visit the Circuit Clerk
of your county of residence and get more help.
Serving divorce documents to a spouse
who cannot be located can be a challenging task. However, there are some
provisions in the law that can help you serve your partner with divorce papers.
When you can’t locate your spouse can
request for permission from the court to post a notice of the divorce in the
courthouse or alternatively to publish the divorce notice in the local
newspapers. The latter is known as the motion to serve by posting or
The important thing is to first try
to locate your spouse by all means. The judge or magistrate will grant this
motion if he or she decides that you have made enough efforts to locate your
While filing for a motion to serve by
publication, you will be required to disclose all the things you did and the
responses you got while locating your spouse. This essentially means that you
might be required to provide a comprehensive list of the places you visited and
what you found or didn’t find.
Under such motion, you will have up
to 60 days to serve your partner with the documents from the day you filed for
divorce. If at all you are unable to file for Motion to serve by publication
within the 60 days, you can request for an extension during the case
If you fail to do this, then your
case can be dismissed and you will either have to abandon the case and initiate
a new one or file for a Motion to vacate the dismissal.
The whole process of initiating a
divorce through the court of law is known as filing for a divorce petition.
When your spouse receives the divorce documents, he or she is said to have
obtained the divorce petition paper.
There is a number of ways in which
your spouse can respond or react after being served with all the divorce
documents. The best thing that your spouse is expected to do after receiving
the papers is to file an answer within 20 days after being served (varies from
one State to another).
He or she is expected to give an
answer to all the allegations made in the divorce petition. In the response,
your partner is expected to inform the court as to whether they deny or admit
the statements contained in the divorce petition.
If the other party agrees to file for
a response, it means that both parties agree to have a divorce and the
proceedings can be heard or settled out of court. Agreeing for an out of court
settlement is a good thing as it reduces the expenses and the time involved.
If your spouse decides not to answer
the petition for dissolution, it can be very costly to them but a good thing
for you. At this stage the court will hold them in contempt and may impose a
fine or sentence to serve according to the law of the state you are in.
On the other hand, you can finalize
the case and ask the court whatever you want and the court may grant it to you
considering that your spouse doesn’t care.
Among the things you should consider
the most include: child custody, property settlement, child support and spousal
support. We are going to look at each of these separately. We will also look at
the cost associated with serving the divorce papers as well as the whole
service process. Before serving the documents, you should confirm that the
following items are in your favor or best interest.
The law stipulates that children
under the age of 18 are minors and therefore both parents must decide on their
custody. There are four main types of custody that the court can grant. There
is the sole physical custody in which the minor is under the supervision of one
The second type of custody is the
sole legal custody where one parent will make all the decisions concerning the
welfare of the minor. The other type of custody is the joint physical custody
in which all the parents will have physical contact with the minor at separate
Going through a divorce can be a
painful and stressing at the same time. Property settlement makes it even
harder. The first important thing the court is going to consider while
splitting property is whether the property is communal or non-communal.
Communal property refers to all the
income that was earned during the marriage period. On the other hand,
non-community property refers to all the assets and income earned by the
individual spouse while alone.
If you are going through a divorce
and there are minors involved is mandatory to include the child support clause.
The support is compulsory whether the parent is unemployed or is nowhere to be
states have different laws that dictate the guidelines for payments. The
settlement amount is pegged at certain levels depending on the amount of time
spent with the minor and the level of income of the concerned parent.
pegged amount can include or exclude the following expenses: child care, health
care, and insurance, travel and visitation costs and special education and
The other important item to consider
before serving the divorce papers is spousal support. This kind of financial
support is sometimes referred to as alimony. Alimony is either based on the
sole decision of the court or the agreement between the partners. The purpose
of it all is to ensure the sustainable income of the spouse who is not
One of the misunderstandings about shirts and logos is that a logo is protected by copyright. But most logos don’t have copyrights. Instead, logos are actually protected by a trademark, which is a legal protection that applies to a name, phrase or logo. Copyrights, on the other hand, are legal protections for people who create original literary, dramatic, musical and artistic works. So although many people use the words “copyright” and “trademark” interchangeably, they are quite distinct. Trademarks for logos are filed with the U.S. Patent and Trademark Office and last 10 years. However, the USPTO does require registrants to file an affidavit after the fifth year that the trademark is still active. If registrants fail to do so, the trademark is canceled and no longer under protection. If you want to use a logo, you should first check the USPTO website to determine if the trademark is still in force. If it isn’t, you may be able to use that logo.
In some instances, you may want to appropriate a creative work of art into a logo, in which case copyright law would apply. Any works created prior to 1923 are usually considered to be in the public domain. So when it comes to shirts and logos, any logo you want to appropriate from a work of art that was made before 1923 is free and clear for your use. If a work is under copyright, however, that copyright typically lasts 70 years after the death of the creator, or 120 years after the date of first publication – whichever occurs first.
After some success selling T-shirts, you may decide to expand your efforts by incorporating copyrighted logos. But before you can proceed, you have to know what the law says about selling shirts with copyrighted images. Trademarks or copyright can protect logos, and both forms of intellectual property protection restrict how others may use the logo. In fact, copyright and trademark violations can in some cases lead to criminal charges. Selling shirts with copyrighted images isn’t impossible, but you should never use someone else’s logos on your T-shirts or other clothing without their explicit permission. Understanding the meaning of copyright and trademark and knowing the instances in which selling shirts with copyrighted images is legal can help you develop your T-shirt logo strategy.
The best way to avoid copyright and trademarks is to create an original design. If you come up with a design that’s truly your own, and you haven’t based it off of anything else or made it look similar to an existing design, you can feel pretty comfortable that you’re not violating anyone’s trademark or copyright. It can be harder to come up with something that’s unique to you, especially with so many designs already on the market, but it’s still certainly possible to create a unique design to sell on your t-shirts. When you do that, you greatly lower your risk of having someone try to get you into trouble for a copyright or trademark violation.
Many people use the terms copyright and trademark interchangeably, but the terms aren’t identical. In short, trademarks are for terms, symbols, and names. A copyright is used for original creative works, like movies, books, paintings, songs, web content, and choreography. If you’re putting a company’s name on a t-shirt without permission, you’re violating their trademark. Song lyrics? That’s a copyright violation.
For more information about copyright and trademark, visit the United States Copyright Office and the United States Patent and Trademark Office, respectively.
You can use flags, national symbols, the likenesses of political figures, and coats of arms wherever you like. These aren’t protected by copyright or trademark, and you won’t face a lawsuit over putting them on a shirt. If there’s a famous picture of those things, though, don’t use the picture. While the images in the picture might be fair to use, the photograph itself is going to be protected. Also, don’t use famous, recognizable characters on your shirts. Those are all protected, and you’ll likely face legal action.
There’s one exception, though. “Fair Use” allows for parodies, so if you’re making parody t-shirts, you can generally get away with using famous characters that others can recognize. Just make sure it’s clear what you’re doing, and avoid being too offensive. The parody opportunity isn’t just for people and characters. It also extends to things like logos, so you’re free to use those in the same manner, as well. If you’re planning on using a picture you found on the internet or a famous quote, those can be okay in some cases. Before you use them, be sure to learn where they came from and how to credit them properly.
That picture you found on the internet might make a great t-shirt, and the quote from your favorite actor may really speak to you. Still, using these things on a shirt can get you into trouble if you don’t do it the right way. Famous quotes, for example, are generally all right to use, as long as you attribute them properly. Put the quoted person’s name on the shirt in much smaller print, or add it to the product description on your website. The author could pursue you, but they aren’t likely to do so.
For internet pictures, there are some sites that offer photos free for commercial use, as long as the owner of the photo gets credited. Most sites don’t offer that though, so if you want to use those photos, make sure you track down the true owner and get written permission to use the photo for commercial purposes. That can protect you from any legal problems you might otherwise face, and is the only safe way to use a photo in your t-shirt design. For more information on attribution and different licenses, check out Creative Commons.
Also consider the Right of Publicity, which states that people have the right to control the commercial use of their identity. If someone feels you’re using their identity commercially in a way they object to, you could be facing a lawsuit. With all the risks you take to use the work and likenesses of others, creating and using your own t-shirt designs is the best option.
As an artist or designer, you own the copyright to your visual artwork upon its creation, according to the United States Copyright Act of 1976. To enjoy the maximum copyright protection available under law, register your works of visual art with the United States Copyright Office at copyright.gov. At the site, create an online account with the Electronic Copyright Office. Once your account is live, fill out the online copyright registration application, pay a $35 fee and upload a copy of your T-shirt logo. The copyright office sends an electronic receipt. Upon completion of the copyright registration process, a paper registration certificate is mailed to you. You can log in to the Electronic Copyright Office site at any time to check the status of your application for copyright registration. You may also mail in your application for copyright registration for a fee.
You can print copyrighted logos that you don’t own on t-shirts only if you are party to a licensing agreement with the owner of the copyright. Licensing agreements are standard practice in the imprinted t-shirt industry; for example, a printer must have a licensing agreement or other written permission to print professional sports logos. Licensing agreements spell out the terms that the logo owner grants to the printer or marketer of t-shirts, including payment, dates of use and printing specifications. The Graphic Artists Guild and AIGA, the professional association for design, both offer boilerplate licensing agreement templates to their members.
It is legal to create an image that is a parody of a logo and print it on a t-shirt because the U.S. Copyright Office allows parody as fair use of copyrighted works. The right to parody exists as a protected form of free speech; for example, Mad magazine creates parodies of popular movies and political figures. In the case of a parody that closely resembles a copyrighted logo, you could be accused of copyright infringement, as the law leaves room for subjective decisions on fair use and the right to parody. You can register parody images you create with the Copyright Office, or obtain a license to print parody images from their owners.
If you are accused of copyright infringement, the owner of the copyright can sue you for actual or statutory damages, whichever is greater. If the owner of the logo did not register her artwork for copyright protection, she can legally stop you from printing the logo, but won’t be able to sue you for maximum damages. Upon receipt of a cease-and-desist letter from a copyright owner or her lawyer, immediately stop printing the logo on t-shirts.
You will generally receive a cease and desist letter by email and/or registered mail by an attorney who represents the trademark owner. This letter will inform you that you have violated a trademark/copyright and will include a copy of the trademark and screenshots of the design that violate their trademark.
The cease and desist will request that you immediately cease and desist of all the infringing designs as well as immediately cease all plans for the production, marketing, or manufacturing.
The letter will usually request that within 10 days that the following details be provided or confirmed:
• Detailed list of all stores online and physical which you currently or have marketed the infringing goods and including contact information for all those locations
• Full accounting of all the sales you made with the infringing goods
• The name/contact information of the designer if it wasn’t you
• List of what stock remains of all infringing goods
• Copies of all marketing materials
• Confirmation that all advertisements and/or references to the design on or off your website as well as any 3rd party websites who may have posted your products online.
• Written assurance that you will no longer use the trademark or try and register that trademark.
Providing the information above will not waive the trademark owners rights to take legal action against you. The information above provides the legal counsel and the trademark owner the information to make a decision of what to do next. Most trademark owners prefer to settle out of court. It is common that trademark owners request that you sign an agreement that states you acknowledge what you did, that the statements you made are accurate, and if you are caught lying or ever sell more products with the trademark that they will take legal action against you.
Along with the agreement, the trademark owner will often request you pay them the profits you made from selling their trademarked design and/or additional penalty fees. Even if you have only sold a few t-shirts with an infringing design the requested payment amount is frequently from $1000-$20,000. If you have potentially infringed on a trademark you have a choice to make. Your options are to pay the amount they request for damages, attempt to negotiate a different damages payment or take the chance the trademark owner will take you to court in their state which will cost you at minimum $10,000 to get started. The amount required to defend yourself can get very expensive and if you lose you, it is likely that you will need to pay the trademark owners legal fees plus whatever damages were assigned. There are lots of grey areas in trademark/copyright law and unfortunately it isn’t always about being right or wrong. If you don’t have the time, money or resources to fight a trademark/copyright accusation your best bet is to pay the requested damages amount to avoid having to go to court.
If you have been wrongly disinherited by your close relative or you strongly believe that your deceased relative’s will was made under undue influence, speak to an experienced Lindon Utah probate lawyer. Probate Law has provisions to challenge a will. All wills must go through probate. When an application for probate is made, it is open for interested parties to challenge the will. It’s at this time that you should challenge the will. There is no point in challenging the will when your relative is alive. In fact you cannot challenge the will at that stage. A will becomes operative only on the death of the testator – the person making the will. If your relative is still alive, you are better off talking to the relative rather than challenging the will in court. There is a time for everything and the time to challenge a will is when it goes through probate. If there is a probate dispute in Lindon, the court will generally order the parties to try and resolve the dispute thorough probate mediation. Speak to an experienced Lindon Utah probate lawyer to know more about the mediation process.
If you are selecting a mediator for your probate dispute, speak to an experienced Lindon Utah attorney. In general, because the very nature of the work is dealing with interpersonal disputes, the mediator first of all must be comfortable with conflict. This is not to say that he or she must enjoy conflict, since it is commonly known that mediators are often conflict-avoidant in their own lives. However, they must enjoy the challenges inherent in managing and helping to resolve the conflicts of others. Whether mediating is motivated by a subconscious attempt to overcome one’s own aversion to conflict by managing the conflict of others, or by an attraction to interpersonal intensity, or simply by the joy of achieving resolution and helping people, the fact remains that effective mediators must comfortably embrace conflict.
In addition to being able to manage interpersonal conflict, an effective mediator style requires that the mediator have the personal capacity to tolerate and contain ambiguity and unpredictability. Because most probate mediations have much emotionality, both in the origins of the disputes and in the negotiations leading to resolution, the process, as it unfolds, is neither clear nor linear in its progress. At any time, it can suddenly flare with hostilities, escalate to the point of impasse, or resolve peacefully. As such, the mediator must personally serve as a container for the parties unpredictable emotions and actions. As with the ability to comfortably manage conflict, this ability to tolerate and contain ambiguity for the parties is very important for a mediator. Those who tend to become too anxious with ambiguity do not fare well as a family mediator.
Frequently, the position or utterances of one or both of the parties can trigger emotional responses on the part of the mediator. Issues arise in family disputes that touch every person on some level. The mediator is confronted with a broad range of emotional triggers, from the pain of children and parents going through probate to neglectful, destructive parental beliefs and practices. To maintain effectiveness, the mediator must have the capacity to keep such reactions in check and remain nonjudgmental regarding such content. This requires the mediator to be aware of, and reasonably resolved about, his or her own familial issues and personal values, which can readily be aroused during the course of family mediation.
Because of the often intense, emotionally driven, compelling stories that each party typically tells the mediator, it is quite easy to get swallowed up in the perspective of only one side of the dispute. Those whose style allows them to resist such pull have the capacity to consistently maintain a systems view of the dispute (that there are no right or wrong perspectives, no good or bad people, only functional balances of multiple and conflicting realities). They also have the capacity to remain calm and poised amid flying allegations, and the ability to empathize with and fully appreciate the point of view of each person involved in the dispute. Successful mediators need to “maintain professional detachment.” Again, it is important for a mediator to “look for the good in people,” which allows the parties to feel validated, regardless of their particular points of view on a given matter.
Mediators must also be able to rigorously maintain balance between the parties. Although some suggest that this means maintaining neutrality, others clarify that, because the mediator must lean on one party at some times and then on the other at another time during the mediation process, it is balance, rather than neutrality, that is the more accurate organizing principle. So, over some unit of time the mediator must equalize, or balance, the emphasis of the interventions between the parties.
The importance of empathy and good listening skills as a mediator cannot be overemphasized. This capacity for being able to understand and connect with the feelings of others is a skill that, according to research, lies on a continuum.
understand and feel what other people are feeling and to read the emotions of others, by both verbal and nonverbal cues, is crucial for an effective mediator. It cannot easily be taught but is invaluable in facilitating helpful communications in mediation.
An important coquality to empathy and good listening skills is patience. It is very important that the mediator be comfortable with letting clients proceed at the pace of the one needing most time to process. Mediators who are impatient with clients tend to hurry things along, often missing important opportunities for empathy and listening, and creating tension in one or both clients—tension that can build into resentment toward the mediator. Mediation clients (or more often just one of them) may negotiate in a tortuously slow way, or else make demands for quick results when they don’t know what to do, both of which put pressure on the mediator. If a mediator cannot remain patient and proceed in a responsive but optimal pace, mediation is bound to fail. An effective mediator must have the ability to wait, and even to sit with silence, if the clients need to process the content slowly.
Although it may seem obvious, being trustworthy is also an important quality for a mediator to have. Trustworthiness includes being organized, responsible, responsive, following through on promises and commitments, being truthful and accurate in reporting information, and admitting ignorance when that is the truth. Being trustworthy allows clients to reveal essential information, knowing that such revelations will not be used against them nor used to make them feel badly about themselves. It gives implicit permission for clients to count on the mediator to help resolve their disputes in as honest, effective, and efficient a manner as possible. It establishes confidence in the mediator’s effectiveness and fosters full and safe participation in the mediation process.
Effective mediators must also have the skill of refraining well practiced and on automatic pilot. Being able to relabel and reconceptualize a point uttered by one party so that it is palatable to the other party is basic to mediation work. Such a skill is not only inherent within the empathy necessary to simultaneously address the needs of both parties, but it even goes beyond. When the parties are stuck in their perspectives, it is essential for the mediator to be able to spontaneously generate a new point of view that both parties may be able to embrace. Such new and alternative realities frequently lead to the resolution of an impasse.
Lastly, it is essential for a mediator to have well-developed skills for thinking and intervening strategically. A mediator must read people quickly and be able to influence them directly and indirectly by his or her own words, intonations, and body language.
Probate mediation begins with an initial informational meeting held the mediator and the parties to discuss mediation and how it works. If the parties agree to go on with mediation, the mediator supplies them with the information necessary to start the mediation. The parties are given certain forms to complete along with other information on how to be best prepared for the first working session. Although different mediation settlements require more time than others to achieve, generally 4 to 10 sessions (each session lasting a couple of hours) is the average range of time needed to mediate most probates. When mediation process ends, the mediator gives the parties a memorandum of the decisions and other documents necessary for the probate to be concluded. They take the memorandum to their attorneys to have it converted into the probate document for their signatures. The terms of the probate papers prepared by the attorney will follow agreements memorialized in the mediator’s memorandum of agreement.
The initial consultation is a face-to-face meeting between the parties and the mediator that usually lasts about an hour. Prior to beginning the consultation, the husband and wife each completes an intake questionnaire. The questionnaire contains some background questions about them, their addresses, phone numbers, work status and position, marriage date, separation date, names and ages of children, whether or not they have been in counseling, names of attorneys, and each person’s area of greatest concern about the probate. The intake questionnaire includes a self-report, about the level of domestic abuse present in the marriage relationship, which is completed separately by each spouse to be shown only to the mediator and never shared with the other spouse. This information is reviewed by the mediator before seeing the clients. If the information raises questions for the mediator about violence or abusive dynamics in their relationship, the mediator may choose to meet with them separately to discuss past abuse and safety issues. If the information does not indicate a history of physical or verbal abuse, the mediator will begin by seeing them together after reading their intake forms.
It is standard practice for mediators to talk about their credentials, experience, and personal approach to probate mediation at this first meeting and to invite any questions about the mediator’s background, competence, or potential conflicts of interest. The mediator will provide a general explanation of mediation and describe how it works in probate. The mediator also explains the difference between mediation and the adversarial process as applied to the three major areas of decision making in the probate: parenting children, financial support, and division of marital assets and liabilities. By emphasizing the clients’ connectedness and mutual needs, the mediator demonstrates that the parties are not limited to the adversarial approach. Because mediation is conducted in private between the mediator and the parties, it is governed by a contract between the three of them. The contract governing mediation will likely spell out:
• Confidentiality rules regarding communications made during the sessions,
• Exceptions to confidentiality for child abuse and threats to do harm to self or others,
• Agreement to fully disclose all information necessary to making informed decisions,
• The role of the mediator as administrator of the process, use of experts, and role of attorneys,
• Expectations of each client,
• Steps to be taken in the mediation process.
The mediator’s goal in the initial consultation is to have an interactive discussion with them so they have the opportunity to have all of their questions answered and have sufficient information to make a choice about whether they will litigate, negotiate through their lawyers, or mediate their probate dispute.
Probate is the process by which legal title of property is transferred from the decedent’s estate to the beneficiaries. If there is a Will, the probate court will determine if the Will is valid. In the absence of a Will, the probate court appoints a person to receive all claims against the estate, pay creditors and then distribute all remaining property in accordance with the provincial laws. This process of obtaining court certification is known as probate. The cost of probate is set by provincial law. It is generally a percentage of the value of the estate. There ways you can legally avoid or minimize the cost of probate. To know how you can ensure that your estate passes on to the ones you really want and without having to probate your will, speak to an experienced Lindon Utah probate lawyer.
The short answer is yes. A Chapter 7 Trustee can sell your house. If you have an immediate concern about this, please call a Chapter 7 Lawyer right now and get your Free Consultation to discuss the matter with a Bankruptcy Lawyer.
Chapter 7 is additionally called straight bankruptcy or liquidation bankruptcy. It’s the sort a great many people consider when “bankruptcy” rings a bell. More or less, the court chooses a trustee to supervise your case. Some portion of the trustee’s responsibility is to take your benefits, sell them and circulate the cash to the loan managers who record legitimate cases. The trustee doesn’t take all your property. You’re permitted to keep enough “absolved” property to get a “new beginning.” Doubtlessly that choosing whether to bow out of all financial obligations is exceptionally troublesome. It influences your future credit, your notoriety and your mental self view. It can likewise improve your momentary personal satisfaction impressively, as the calls and letters stop. Taken in general, it’s a troublesome procedure with the two points of interest and burdens. Chapter 7 bankruptcy, specifically, will harm your credit for a brief period yet in addition may give genuinely necessary alleviation and a guide for recovering your budgetary house all together. Before a case is recorded, you’ll need to assemble the majority of your budgetary records like bank articulations, financial records, advance reports, and paystubs. You’ll utilize that data to round out the bankruptcy request, plans, proclamation of budgetary undertakings, and different archives that will be documented with the court. You can download duplicates for nothing from the site kept up by the U.S. Courts. Your lawyer will utilize bankruptcy PC applications to deliver them. Extensively, these reports incorporate the deliberate appeal for help, the timetables of advantages and liabilities, revelations with respect to account holder training, and the announcement of money related issues. These reports expect you to open up your money related life to the bankruptcy court.
They incorporate a posting of the majority of your property, obligations, lenders, pay, costs, and property moves, in addition to other things. When finished, you’ll record it with the assistant of your neighborhood bankruptcy court and pay a documenting charge. In case you’re keen on finding your neighborhood court, visit the government court locator page, pick “Bankruptcy” under “Court Type” and include your area in the base box. Pretty much every individual indebted person who needs to document a Chapter 7 case needs to take an interest in a session with an endorsed credit guide before the case can be recorded. This can be face to face, on the web or via phone. The justification behind this necessity is that some potential account holders don’t have the foggiest idea about their choices. A credit advocate might most likely recommend options that will keep you out of bankruptcy. You can get more data about this necessity on the site for the U.S. Trustee. A borrower should likewise effectively finish the methods test count, which is another record that must be finished preceding declaring financial insolvency. This test, which was added to the Bankruptcy Code in 2005, ascertains whether you can manage, or have the “signifies” to pay at any rate an important segment of your obligations.
The methods test contrasts your salary and the middle pay for your state. In the event that you bomb the methods test, you can just document Chapter 7 bankruptcy under specific exemptions. Your option is document a Chapter 13 reimbursement arrangement case. You can become familiar with the methods test and the numbers utilized in the estimation from the U.S. Trustee site. After a Chapter 7 bankruptcy is recorded, the court will issue an archive pulling out of an indebted person’s gathering of loan managers. This notice is likewise sent to the majority of the lenders that are recorded inside the bankruptcy reports. During the gathering of loan managers, the bankruptcy trustee will ask the borrower different inquiries about the bankruptcy, for example, regardless of whether the majority of the data contained inside the bankruptcy reports is valid and right. The trustee may pose different inquiries about an account holder’s money related undertakings.
In the event that the trustee wishes to explore the bankruptcy further, they may proceed with the gathering of loan managers on a future date. It is critical to take note of that at the gathering of loan collectors, as the name proposes, any lender may show up and ask an indebted person inquiries about his bankruptcy and accounts. As a general rule, be that as it may, the main banks who show up normally are vehicle lenders (to ask what you plan to do about your vehicle installments) and the IRS (to ask when you’re going to pay back those non-dischargeable assessments). On the off chance that you have any nonexempt property, the bankruptcy trustee can seize and sell the property. Exceptions allude to government or state resolutions that enable you to ensure particular sorts of property when you declare financial insolvency. For instance, exclusions exist to ensure retirement accounts, for example, a 401(k) plan. Any benefits that the trustee can recuperate are conveyed to loan managers. Before most indebted individuals can get a release, they should enroll in a class to study money related administration.
This class is likely instructed by a similar gathering that you utilized for the credit guiding. Plan to go through around two hours face to face, on the web, or on the phone. On the off chance that the trustee and the leasers don’t article to the account holder’s release, the bankruptcy court will naturally give the borrower a release sooner or later after the most recent day to question. The most recent day to record a protest questioning an indebted person’s release is 60 days after the principal session of the gathering of loan creditors. In the event that no grievance is recorded, the release is generally entered a few days after the fact. The release keeps lenders from endeavoring to gather any obligation against you by and by that emerged preceding the recording of the bankruptcy. In this manner, in every practical sense, the release successfully clears out obligations. Notwithstanding, it is essential to take note of that not all obligations are dischargeable, including certain duties and kid or spousal help commitments. Besides, a bankruptcy release is close to home. This implies a leaser can at present gather on a released obligation from a co-borrower that did not petition for financial protection.
In the event that you document for Chapter 7 bankruptcy and later acknowledge you will lose significant property, would you be able to expel your case? Tragically, if the bankruptcy trustee needs to sell your nonexempt property in Chapter 7 bankruptcy, you for the most part can’t reject your case to spare your benefits. Be that as it may, you might probably keep your property if:
• the court enables you to change over your case to Chapter 13 bankruptcy, or
• you repurchase your property from the trustee.
Chapter 7 bankruptcy is regularly alluded to as a liquidation bankruptcy on the grounds that the trustee delegated to oversee your case has the ability to offer your nonexempt property to pay your leasers. When you document for Chapter 7 bankruptcy, your advantages become property of the bankruptcy bequest (implying that the court can regulate them to serve your lenders). The trustee’s main responsibility is to decide if any of your property ought to be offered to pay back your obligations. Exclusions secure your property in Chapter 7 bankruptcy. The trustee isn’t permitted to sell the majority of your property. Truth be told, most Chapter 7 liquidations recorded in the U.S. are no-benefit bankruptcy cases (implying that there is no property accessible for leasers). Each state (and the government framework) has a lot of bankruptcy exclusions that enable you to keep a specific measure of property in Chapter 7 bankruptcy. In the event that the majority of your property is excluded, the trustee can’t exchange any of your advantages. (Get familiar with bankruptcy exclusions.) Much of the time, you can just expel your Chapter 7 bankruptcy for cause (implying that you should have a valid justification). In the event that you don’t have any nonexempt property that the trustee can exchange and you have a legitimate explanation behind mentioning rejection, numerous bankruptcy courts will enable you to willfully expel your case. Yet, in the event that you are attempting to expel your bankruptcy to shield the trustee from selling your nonexempt resources, the trustee or your lenders will article to your expulsion demand. By and large, except if you have an incredibly convincing reason (other than attempting to spare your property), numerous bankruptcy courts won’t enable you to expel your Chapter 7 if:
• you have nonexempt resources that can be utilized to reimburse your loan associates, or
• rejection of your case will partiality (hurt) your banks in some other manner.
In specific situations, regardless of whether the court doesn’t give you a chance to expel your Chapter 7 bankruptcy, you may almost certainly keep your property. Most Chapter 7 borrowers have a one-time ideal to change over their case to Chapter 13 bankruptcy. In Chapter 13 bankruptcy, you are permitted to keep the majority of your property in return for paying back a segment of your obligations through a reimbursement plan. This implies you might most likely keep your nonexempt property if the court enables you to change over your case. (Find out about how Chapter 13 bankruptcy functions.) In any case, the United States Supreme Court has confirmed that there is a dishonesty special case to the one-time appropriate to change over (implying that the privilege isn’t total). In the event that the court finds that you documented your bankruptcy in dishonesty (instances of dishonesty normally incorporate disguising resources, lying on your bankruptcy papers, or generally attempting to manhandle the bankruptcy procedure), it may not enable you to change over to a Chapter 13.
Under most conditions, the bankruptcy trustee will find a way to sell your home as you would. The trustee will list the property available to be purchased with a land representative and arrange a cost with a purchaser. The trustee must experience a couple of extra bands as well, including:
• getting court endorsement to utilize the land intermediary
• getting a court request approving the deal subsequent to finding a purchaser, and
• informing all banks and invested individuals of the home deal so they have the chance to question.
The deal could defer the conclusion of your bankruptcy relying upon the land market and to what extent the trustee needs to keep the house recorded. For example, in a down market, it would be uncommon for it to take a year or more to sell a summer home. Despite everything you’ll get your bankruptcy release (the request that deletes qualifying obligation) following three to four months, accepting all returns typically. Be that as it may, the bankruptcy case will stay open until the trustee sells the benefits or gives up them. It might end up essential for a Debtor to get an examination of a few or the majority of the property recorded on the calendars preceding documenting the bankruptcy. An accomplished bankruptcy lawyer can organize a pre-bankruptcy evaluation with an appraiser who is known to both the lawyer and the Chapter 7 Trustee. The subsequent evaluation as a rule gives an enormous level of solace to the Chapter 7 Trustee with regards to the exactness of the qualities recorded on the bankruptcy plans and can maintain a strategic distance from the need of the Trustee to convey an alternate appraiser with qualities perhaps increasingly great to the Trustee. Note that when a Debtor looks for an evaluation preceding the recording of the case, the appraiser is utilized by the Debtor and paid by the Debtor. On the off chance that the Chapter 7 Trustee looks for an evaluation after the case is recorded, the appraiser used by the Trustee isn’t paid except if the bankruptcy case is a “benefit case” (where the estimation of the advantages surpass the exclusions took into consideration the specific property recorded in the bankruptcy plans). A “benefit case” would require either that the Debtor surrender a part of his/her property to the Trustee to be sold and the returns conveyed to the Debtor’s unbound lenders who recorded auspicious cases for the situation, after the Trustee gets his/her charges or, that the Debtor, through his lawyer, organizes a “buyback” of the advantages in some design with the Trustee where the Debtor’s would consult with the Trustee to pay assets to the Trustee in a sum approximating the estimation of the non-excluded property. This is the reason it is critical for the qualities recorded in the calendars to be precise.
If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506 for your Free Consultation. We want to help you.