Congratulations!

[Valid RSS] This is a valid RSS feed.

Recommendations

This feed is valid, but interoperability with the widest range of feed readers could be improved by implementing the following recommendations.

Source: https://ascentlawfirm.com/feed/

  1. <?xml version="1.0" encoding="UTF-8"?><rss version="2.0"
  2. xmlns:content="http://purl.org/rss/1.0/modules/content/"
  3. xmlns:wfw="http://wellformedweb.org/CommentAPI/"
  4. xmlns:dc="http://purl.org/dc/elements/1.1/"
  5. xmlns:atom="http://www.w3.org/2005/Atom"
  6. xmlns:sy="http://purl.org/rss/1.0/modules/syndication/"
  7. xmlns:slash="http://purl.org/rss/1.0/modules/slash/"
  8. >
  9.  
  10. <channel>
  11. <title>Ascent Law</title>
  12. <atom:link href="https://ascentlawfirm.com/feed/" rel="self" type="application/rss+xml" />
  13. <link>https://ascentlawfirm.com</link>
  14. <description>Utah Lawyer for Divorce Business Bankruptcy Probate Estates</description>
  15. <lastBuildDate>Thu, 03 Apr 2025 13:23:22 +0000</lastBuildDate>
  16. <language>en-US</language>
  17. <sy:updatePeriod>
  18. hourly </sy:updatePeriod>
  19. <sy:updateFrequency>
  20. 1 </sy:updateFrequency>
  21. <generator>https://wordpress.org/?v=6.7.2</generator>
  22.  
  23. <image>
  24. <url>https://ascentlawfirm.com/wp-content/uploads/2025/02/cropped-Original-size-Ascent-Law-Accident-Lawyersu-1-32x32.png</url>
  25. <title>Ascent Law</title>
  26. <link>https://ascentlawfirm.com</link>
  27. <width>32</width>
  28. <height>32</height>
  29. </image>
  30. <item>
  31. <title>International Child Custody Disputes: What You Need to Know</title>
  32. <link>https://ascentlawfirm.com/international-child-custody-disputes-what-you-need-to-know/</link>
  34. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  35. <pubDate>Thu, 03 Apr 2025 02:52:54 +0000</pubDate>
  36. <category><![CDATA[General]]></category>
  37. <guid isPermaLink="false">https://ascentlawfirm.com/?p=5209068</guid>
  38.  
  39. <description><![CDATA[<p>International Child Custody Disputes: What You Need to Know Navigating child custody disputes is challenging enough on its own, but when the conflict crosses international borders, the complexities multiply. Whether&#8230;</p>
  40. The post <a href="https://ascentlawfirm.com/international-child-custody-disputes-what-you-need-to-know/">International Child Custody Disputes: What You Need to Know</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  41. <content:encoded><![CDATA[<div data-elementor-type="wp-post" data-elementor-id="5209068" class="elementor elementor-5209068" data-elementor-post-type="post">
  42. <section class="elementor-section elementor-top-section elementor-element elementor-element-4e0edf8c elementor-section-boxed elementor-section-height-default elementor-section-height-default sc_fly_static" data-id="4e0edf8c" data-element_type="section">
  43. <div class="elementor-container elementor-column-gap-extended">
  44. <div class="elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-955922c sc_content_align_inherit sc_layouts_column_icons_position_left sc_fly_static" data-id="955922c" data-element_type="column">
  45. <div class="elementor-widget-wrap">
  46. </div>
  47. </div>
  48. </div>
  49. </section>
  50. <section class="elementor-section elementor-top-section elementor-element elementor-element-ddf1ed5 elementor-section-boxed elementor-section-height-default elementor-section-height-default sc_fly_static" data-id="ddf1ed5" data-element_type="section">
  51. <div class="elementor-container elementor-column-gap-extended">
  52. <div class="elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-d5ffb7c sc_content_align_inherit sc_layouts_column_icons_position_left sc_fly_static" data-id="d5ffb7c" data-element_type="column">
  53. <div class="elementor-widget-wrap elementor-element-populated">
  54. <div class="elementor-element elementor-element-a67c2f2 sc_fly_static elementor-widget elementor-widget-text-editor" data-id="a67c2f2" data-element_type="widget" data-widget_type="text-editor.default">
  55. <div class="elementor-widget-container">
  56. <h1>International Child Custody Disputes: What You Need to Know</h1><p>Navigating child custody disputes is challenging enough on its own, but when the conflict crosses international borders, the complexities multiply. Whether you&#8217;re dealing with a former partner who has moved abroad with your child or seeking custody while living in different countries, understanding the legal landscape is crucial.</p><p>Why Choose Ascent Law?<br />At Ascent Law, we understand how emotionally and legally taxing international custody disputes can be. That’s why we’re here to guide you through the process, helping you protect your parental rights while ensuring your child’s best interests remain the priority.</p><p>What This Guide Covers<br />The complexities of international child custody disputes</p><p>The role of the Hague Convention</p><p>Steps to take if your child is taken abroad</p><p>Preventing international child abduction</p><p>The Complexity of International Child Custody<br />When parents live in different countries and disagree on custody arrangements, the situation becomes significantly more complicated than a typical domestic case.</p><p>International child custody disputes often involve:<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Cross-border legal systems<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Conflicting custody laws<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Jurisdictional challenges<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Enforcement issues<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Potential parental abduction</p><p>At Ascent Law, we know that each international custody dispute is unique, and addressing the situation correctly from the start can make all the difference.</p><p>Why International Custody Disputes Are Different<br />Domestic custody cases are typically governed by a single legal system, making the process more straightforward. However, when one parent relocates to another country or takes the child abroad without consent, you may face:</p><p><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f539.png" alt="🔹" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Different custody regulations<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f539.png" alt="🔹" class="wp-smiley" style="height: 1em; max-height: 1em;" /> International treaties (or lack thereof)<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f539.png" alt="🔹" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Complex legal proceedings<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f539.png" alt="🔹" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Diplomatic involvement</p><p>To navigate this, you need a legal team with a deep understanding of international family law. That’s where Ascent Law comes in—our team has the experience and knowledge to help you every step of the way.</p><p>The Hague Convention: A Crucial Tool in International Custody Cases<br />One of the most important treaties addressing cross-border custody disputes is the Hague Convention on the Civil Aspects of International Child Abduction. This treaty is designed to ensure the prompt return of abducted children to their country of habitual residence.</p><p>How the Hague Convention Helps You<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Prevents Abduction – Discourages parents from relocating a child abroad to gain custody advantages.<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Establishes Jurisdiction – Ensures custody decisions are made in the child’s habitual residence.<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Facilitates Return – Provides a legal mechanism to request the return of the child.<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Protects Parental Rights – Allows parents to seek immediate legal intervention.</p><p>Countries Participating in the Hague Convention<br />Not all countries are part of the Hague Convention. If your child has been taken to a non-Hague country, the legal process can become even more complex. In such cases, Ascent Law can help explore alternative legal avenues, including bilateral treaties and diplomatic negotiations.</p><p>Steps to Take if Your Child Is Taken Abroad<br />Facing an international custody dispute can be overwhelming, but taking the right actions immediately can make a significant difference.</p><p>1. Contact Authorities Immediately<br />If you suspect your child has been taken abroad without your consent, notify the local police and file an abduction report.</p><p>2. Get Legal Support from Ascent Law<br />Our experienced attorneys will:<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f539.png" alt="🔹" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Evaluate your legal options<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f539.png" alt="🔹" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Initiate legal proceedings<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f539.png" alt="🔹" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Represent you domestically and internationally</p><p>3. File a Hague Convention Petition<br />If the country involved is a Hague Convention signatory, we will help you file a petition to request the prompt return of your child.</p><p>4. Cooperate with Foreign Legal Systems<br />Each country has its own judicial process. Our legal team will assist with:<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Navigating foreign legal systems<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Translating necessary documents<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Understanding local procedures</p><p>What If the Other Country Is Not Part of the Hague Convention?<br />If the country involved does not participate in the Hague Convention, recovering your child can be significantly more challenging. In these cases, Ascent Law will:</p><p><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Explore bilateral agreements between the countries<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Engage in diplomatic efforts to resolve the dispute<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Advocate for mediation if litigation is not feasible<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Represent you in local courts if necessary</p><p>Our goal is to maximize your chances of success, even when legal pathways are less clear.</p><p>Preventing International Child Abduction<br />Taking preventive measures can reduce the risk of international custody conflicts. Here’s how Ascent Law can help:</p><p>Drafting Comprehensive Custody Agreements<br />We can help create agreements that include:<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Clear travel and relocation clauses<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Passport control measures<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Mandatory notifications before international travel</p><p>Registering Custody Orders Internationally<br />If you foresee cross-border issues, we can assist in registering your custody order in relevant countries.</p><p>Why Choose Ascent Law?<br />Dealing with international child custody disputes requires specialized legal expertise. At Ascent Law, we understand the emotional toll and the urgent need to secure your child’s return.</p><p>Our experienced family law attorneys are dedicated to:<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Protecting your parental rights<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Navigating complex international regulations<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Providing compassionate, comprehensive support<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Pursuing every legal avenue to bring your child home</p><p>With our guidance, you won’t face this challenging process alone.</p><p>Moving Forward with Confidence<br />International custody disputes can be intimidating and exhausting. At Ascent Law, we’re here to lighten your burden and advocate for the best outcome possible.</p><p>Whether your case involves the Hague Convention or navigating the laws of a non-signatory country, we have the knowledge and dedication to fight for you.</p><p><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f449.png" alt="👉" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Need legal assistance? Contact Ascent Law today for a consultation—together, we’ll protect what matters most.</p><p><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f4de.png" alt="📞" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Call us now or schedule your consultation online.</p><p>Formatting for Elementor<br />This version is optimized for Elementor by:<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Breaking down content into clear sections<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Using headings (H2, H3) for readability<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Adding bullet points &amp; checkmarks for scannability<br /><img src="https://s.w.org/images/core/emoji/15.0.3/72x72/2714.png" alt="✔" class="wp-smiley" style="height: 1em; max-height: 1em;" /> Keeping paragraphs short for easy reading</p><p>Let me know if you need any additional modifications! <img src="https://s.w.org/images/core/emoji/15.0.3/72x72/1f680.png" alt="🚀" class="wp-smiley" style="height: 1em; max-height: 1em;" /></p> </div>
  57. </div>
  58. </div>
  59. </div>
  60. </div>
  61. </section>
  62. </div>The post <a href="https://ascentlawfirm.com/international-child-custody-disputes-what-you-need-to-know/">International Child Custody Disputes: What You Need to Know</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  66. </item>
  67. <item>
  68. <title>Comprehensive Guide to Child Custody for Mothers</title>
  69. <link>https://ascentlawfirm.com/comprehensive-guide-to-child-custody-for-mothers/</link>
  71. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  72. <pubDate>Thu, 13 Mar 2025 09:07:58 +0000</pubDate>
  73. <category><![CDATA[General]]></category>
  74. <guid isPermaLink="false">https://ascentlawfirm.com/?p=5208226</guid>
  75.  
  76. <description><![CDATA[<p>Comprehensive Guide to Child Custody for Mothers When it comes to child custody, mothers often face unique challenges. Navigating custody agreements requires understanding your rights, the legal processes involved, and&#8230;</p>
  77. The post <a href="https://ascentlawfirm.com/comprehensive-guide-to-child-custody-for-mothers/">Comprehensive Guide to Child Custody for Mothers</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  78. <content:encoded><![CDATA[<div data-elementor-type="wp-post" data-elementor-id="5208226" class="elementor elementor-5208226" data-elementor-post-type="post">
  79. <section class="elementor-section elementor-top-section elementor-element elementor-element-4e0edf8c elementor-section-boxed elementor-section-height-default elementor-section-height-default sc_fly_static" data-id="4e0edf8c" data-element_type="section">
  80. <div class="elementor-container elementor-column-gap-extended">
  81. <div class="elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-955922c sc_content_align_inherit sc_layouts_column_icons_position_left sc_fly_static" data-id="955922c" data-element_type="column">
  82. <div class="elementor-widget-wrap elementor-element-populated">
  83. <div class="elementor-element elementor-element-6d1bc182 sc_fly_static elementor-widget elementor-widget-text-editor" data-id="6d1bc182" data-element_type="widget" data-widget_type="text-editor.default">
  84. <div class="elementor-widget-container">
  85. <h2>Comprehensive Guide to Child Custody for Mothers</h2>
  86. <p><span style="font-weight: 400;">When it comes to child custody, mothers often face unique challenges. Navigating custody agreements requires understanding your rights, the legal processes involved, and the importance of strong legal representation. This guide explains the essentials of child custody specifically for mothers, empowering you to achieve the best possible outcome for you and your child.</span></p>
  87. <h3><span style="font-weight: 400;">Understanding Child Custody for Mothers</span></h3>
  88. <p><span style="font-weight: 400;">Navigating the complexities of child custody requires clarity about the various custody types and a trusted attorney who specializes in advocating for mothers. Having an experienced custody lawyer by your side ensures your voice is heard clearly and your child&#8217;s best interests remain the primary focus.</span></p>
  89. <h2>Types of Custody for Mothers</h2>
  90. <h3><span style="font-weight: 400;">Legal Custody</span></h3>
  91. <p><span style="font-weight: 400;">This custody type grants you the authority to make critical decisions regarding your child&#8217;s education, healthcare, religion, and general welfare. Many mothers strive for shared legal custody to remain actively involved in decision-making.</span></p>
  92. <h3><span style="font-weight: 400;">Physical Custody</span></h3>
  93. <p><span style="font-weight: 400;">Physical custody refers to where the child primarily resides. Courts favor arrangements that provide stability and consistent living conditions, often granting primary physical custody to the mother if she is the primary caregiver.</span></p>
  94. <h3><span style="font-weight: 400;">Sole Custody</span></h3>
  95. <p><span style="font-weight: 400;">Sole custody gives one parent complete control over legal and physical care. Courts typically grant sole custody to mothers in situations involving abuse, neglect, substance abuse, or other significant concerns about the other parent’s ability to provide a safe environment.</span></p>
  96. <h3><span style="font-weight: 400;">Joint Custody</span></h3>
  97. <p><span style="font-weight: 400;">Joint custody involves sharing both legal and physical responsibilities. Mothers pursuing joint custody must demonstrate a cooperative relationship with the other parent and show their capacity to facilitate a healthy environment for the child.</span></p>
  98. <h2>Factors Courts Consider When Awarding Custody</h2>
  99. <h3><span style="font-weight: 400;">Parenting Abilities</span></h3>
  100. <p><span style="font-weight: 400;">Courts assess your emotional, physical, and financial capacity to care for your child. Demonstrating stable employment, a nurturing environment, and consistent involvement in your child&#8217;s life strengthens your custody case.</span></p>
  101. <h3><span style="font-weight: 400;">Stability and Home Environment</span></h3>
  102. <p><span style="font-weight: 400;">A secure, stable living situation with a solid support network enhances your custody claim. Mothers who clearly demonstrate stability in their home life often achieve favorable outcomes.</span></p>
  103. <h3><span style="font-weight: 400;">Child’s Preference</span></h3>
  104. <p><span style="font-weight: 400;">Courts may take into consideration the child&#8217;s own wishes, particularly if the child is mature enough to express a clear, informed preference.</span></p>
  105. <h3><span style="font-weight: 400;">Parental Cooperation</span></h3>
  106. <p><span style="font-weight: 400;">A willingness to cooperate with the other parent for the child&#8217;s benefit strengthens your position. Showing a commitment to co-parenting and maintaining open communication can significantly impact your custody case positively.</span></p>
  107. <h2>Common Challenges in Custody Battles for Mothers</h2>
  108. <h3><span style="font-weight: 400;">False Allegations</span></h3>
  109. <p><span style="font-weight: 400;">Unfortunately, some fathers make unfounded accusations to improve their position in custody disputes. A skilled custody attorney can effectively counter these claims to protect your rights.</span></p>
  110. <h3><span style="font-weight: 400;">Financial Limitations</span></h3>
  111. <p><span style="font-weight: 400;">Custody battles are often financially draining. Working with attorneys who provide flexible payment options or mediation alternatives can ease this burden, enabling you to pursue your case effectively without significant financial stress.</span></p>
  112. <h2>Essential Steps When Seeking Custody</h2>
  113. <ol>
  114. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Hire a Specialized Custody Attorney</span>
  115. <ul>
  116. <li style="font-weight: 400;" aria-level="2"><span style="font-weight: 400;">Choose an experienced custody lawyer who understands the nuances mothers face in custody cases.</span></li>
  117. </ul>
  118. </li>
  119. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Understand Your Legal Rights Educate yourself on custody laws specific to your jurisdiction. Your attorney will help clarify these laws and strategize accordingly.</span></li>
  120. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Document Everything</span><span style="font-weight: 400;"><br></span><span style="font-weight: 400;">Maintain clear records of your interactions with the other parent, your child’s daily routine, financial stability, and any relevant concerns.</span></li>
  121. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Prepare for Court</span><span style="font-weight: 400;"><br></span><span style="font-weight: 400;">Present yourself professionally, communicate respectfully, and clearly articulate your dedication to your child’s well-being during court appearances.</span></li>
  122. </ol>
  123. <h2>Why Strong Legal Representation Matters</h2>
  124. <p><span style="font-weight: 400;">Hiring an experienced attorney specializing in custody matters for mothers significantly increases your likelihood of a favorable outcome. They can:</span></p>
  125. <ul>
  126. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Navigate complex legal procedures</span></li>
  127. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Negotiate fair custody agreements</span></li>
  128. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Provide effective courtroom representation</span></li>
  129. </ul>
  130. <h3><span style="font-weight: 400;">Steps to Secure Custody:</span></h3>
  131. <ol>
  132. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Choose the Right Attorney: Find someone experienced in custody cases who specifically advocates for mothers.</span></li>
  133. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Understand Your Rights: Clearly understand your legal position and how best to present your case.</span></li>
  134. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Stay Engaged and Composed: Present yourself professionally and responsibly in all legal settings.</span></li>
  135. <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Prioritize Your Child: Show the court your child&#8217;s well-being is your top priority in all decisions.</span></li>
  136. </ol>
  137. <h2>Overcoming Common Custody Challenges</h2>
  138. <p><span style="font-weight: 400;">Mothers frequently encounter obstacles like misinformation, emotional manipulation, or difficult co-parenting dynamics. Having a competent custody lawyer who understands these dynamics and supports your position is essential for success.</span></p>
  139. <h2>Take Action Today</h2>
  140. <p><span style="font-weight: 400;">If you&#8217;re a mother involved in a custody dispute, don&#8217;t go through it alone. Consult an experienced custody attorney who understands your needs and will fight for your rights and your child’s future.</span></p>
  141. <p><span style="font-weight: 400;">Protect your parental rights, safeguard your child’s future, and gain peace of mind with the right legal support.</span></p> </div>
  142. </div>
  143. </div>
  144. </div>
  145. </div>
  146. </section>
  147. </div>The post <a href="https://ascentlawfirm.com/comprehensive-guide-to-child-custody-for-mothers/">Comprehensive Guide to Child Custody for Mothers</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  151. </item>
  152. <item>
  153. <title>20 Common Child Custody Order Provisions</title>
  154. <link>https://ascentlawfirm.com/child-custody-order-provisions/</link>
  156. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  157. <pubDate>Tue, 11 Feb 2025 08:27:29 +0000</pubDate>
  158. <category><![CDATA[General]]></category>
  159. <guid isPermaLink="false">https://ascentlawfirm.com/?p=5207444</guid>
  160.  
  161. <description><![CDATA[<p>When navigating child custody agreements, understanding common provisions can help parents create clear, comprehensive orders. These provisions ensure both parents understand their rights and responsibilities, reducing conflicts and promoting the&#8230;</p>
  162. The post <a href="https://ascentlawfirm.com/child-custody-order-provisions/">20 Common Child Custody Order Provisions</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  163. <content:encoded><![CDATA[<div data-elementor-type="wp-post" data-elementor-id="5207444" class="elementor elementor-5207444" data-elementor-post-type="post">
  164. <section class="elementor-section elementor-top-section elementor-element elementor-element-4e0edf8c elementor-section-boxed elementor-section-height-default elementor-section-height-default sc_fly_static" data-id="4e0edf8c" data-element_type="section">
  165. <div class="elementor-container elementor-column-gap-extended">
  166. <div class="elementor-column elementor-col-100 elementor-top-column elementor-element elementor-element-955922c sc_content_align_inherit sc_layouts_column_icons_position_left sc_fly_static" data-id="955922c" data-element_type="column">
  167. <div class="elementor-widget-wrap elementor-element-populated">
  168. <div class="elementor-element elementor-element-6d1bc182 sc_fly_static elementor-widget elementor-widget-text-editor" data-id="6d1bc182" data-element_type="widget" data-widget_type="text-editor.default">
  169. <div class="elementor-widget-container">
  171. <p><span style="font-weight: 400;">When navigating child custody agreements, understanding common provisions can help parents create clear, comprehensive orders. These provisions ensure both parents understand their rights and responsibilities, reducing conflicts and promoting the child’s best interests. Here are 20 common child custody order provisions to consider when drafting your agreement.</span></p>
  172. <h2><b>1. Physical Custody Schedule</b></h2>
  173. <h3><b>Regular Parenting Time</b></h3>
  174. <p><span style="font-weight: 400;">This outlines the day-to-day schedule, specifying when the child will be with each parent. It should include weekdays, weekends, and the time and place of exchanges.</span></p>
  175. <h3><b>Holiday and Special Occasion Schedule</b></h3>
  176. <p><span style="font-weight: 400;">Detail how holidays, birthdays, and special occasions are divided. Specify which parent has the child on significant dates, alternating years if needed.</span></p>
  177. <h2><b>2. Legal Custody Provisions</b></h2>
  178. <h3><b>Decision-Making Authority</b></h3>
  179. <p><span style="font-weight: 400;">Clarify who has the right to make major decisions about the child&#8217;s education, healthcare, religion, and extracurricular activities. This can be joint or sole legal custody.</span></p>
  180. <h3><b>Dispute Resolution Process</b></h3>
  181. <p><span style="font-weight: 400;">Include a process for resolving disagreements, such as mediation or consultation with a co-parenting counselor.</span></p>
  182. <h2><b>3. Communication Guidelines</b></h2>
  183. <h3><b>Parent-Child Communication</b></h3>
  184. <p><span style="font-weight: 400;">Specify how and when the child can communicate with the non-custodial parent, including phone calls, video chats, and messaging.</span></p>
  185. <h3><b>Parental Communication</b></h3>
  186. <p><span style="font-weight: 400;">Outline expectations for respectful and effective communication between parents, such as preferred methods (email, text, or phone) and response times.</span></p>
  187. <h2><b>4. Transportation and Exchange Details</b></h2>
  188. <h3><b>Pick-Up and Drop-Off Logistics</b></h3>
  189. <p><span style="font-weight: 400;">Define who is responsible for transportation, where exchanges will occur, and any special considerations to ensure smooth transitions.</span></p>
  190. <h3><b>Late or Missed Exchanges</b></h3>
  191. <p><span style="font-weight: 400;">Address protocols for delays or missed pick-ups, including notification requirements and consequences.</span></p>
  192. <h2><b>5. Travel and Vacation Provisions</b></h2>
  193. <h3><b>Domestic and International Travel</b></h3>
  194. <p><span style="font-weight: 400;">Detail requirements for travel, such as advance notice, itinerary sharing, and consent for international trips.</span></p>
  195. <h3><b>Vacation Scheduling</b></h3>
  196. <p><span style="font-weight: 400;">Include how vacation time is allocated, any restrictions, and deadlines for submitting vacation plans.</span></p>
  197. <h2><b>6. Health and Medical Care</b></h2>
  198. <h3><b>Medical Decision-Making</b></h3>
  199. <p><span style="font-weight: 400;">Clarify who can make medical decisions and under what circumstances. Include provisions for emergency situations.</span></p>
  200. <h3><b>Health Insurance and Medical Expenses</b></h3>
  201. <p><span style="font-weight: 400;">Specify which parent provides health insurance and how uninsured medical costs are divided.</span></p>
  202. <h2><b>7. Education Provisions</b></h2>
  203. <h3><b>School Enrollment</b></h3>
  204. <p><span style="font-weight: 400;">Determine which parent has the authority to choose schools and who handles enrollment procedures.</span></p>
  205. <h3><b>School Records and Activities</b></h3>
  206. <p><span style="font-weight: 400;">Ensure both parents have access to school records and can participate in parent-teacher conferences and school events.</span></p>
  207. <h2><b>8. Relocation Restrictions</b></h2>
  208. <h3><b>Move-Away Clauses</b></h3>
  209. <p><span style="font-weight: 400;">Include guidelines for parental relocation, such as notice requirements and the need for court approval if moving a certain distance.</span></p>
  210. <h3><b>Impact on Custody</b></h3>
  211. <p><span style="font-weight: 400;">Address how a move will affect the custody schedule and decision-making responsibilities.</span></p>
  212. <h2><b>9. Financial Responsibilities</b></h2>
  213. <h3><b>Child Support Details</b></h3>
  214. <p><span style="font-weight: 400;">Outline child support obligations, including payment amounts, frequency, and methods.</span></p>
  215. <h3><b>Additional Expenses</b></h3>
  216. <p><span style="font-weight: 400;">Clarify responsibility for extracurricular activities, school supplies, clothing, and other child-related costs.</span></p>
  217. <h2><b>10. Behavioral Expectations</b></h2>
  218. <h3><b>Rules and Discipline</b></h3>
  219. <p><span style="font-weight: 400;">Ensure consistency by outlining shared rules and discipline strategies across both households.</span></p>
  220. <h3><b>Third-Party Involvement</b></h3>
  221. <p><span style="font-weight: 400;">Address the role of new partners, babysitters, or extended family in the child’s life, including supervision guidelines.</span></p>
  222. <h2><b>11. Emergency Protocols</b></h2>
  223. <h3><b>Emergency Contact Information</b></h3>
  224. <p><span style="font-weight: 400;">Require both parents to share current contact information and emergency contacts.</span></p>
  225. <h3><b>Emergency Decision-Making</b></h3>
  226. <p><span style="font-weight: 400;">Clarify procedures for handling emergencies, including notification requirements and decision-making authority.</span></p>
  227. <h2><b>12. Substance Abuse Provisions</b></h2>
  228. <h3><b>Prohibition Clauses</b></h3>
  229. <p><span style="font-weight: 400;">Include restrictions related to alcohol or drug use during parenting time if relevant.</span></p>
  230. <h3><b>Testing and Monitoring</b></h3>
  231. <p><span style="font-weight: 400;">Specify conditions under which drug or alcohol testing may be required.</span></p>
  232. <h2><b>13. Right of First Refusal</b></h2>
  233. <h3><b>Offering Care to the Other Parent</b></h3>
  234. <p><span style="font-weight: 400;">Require that if a parent cannot care for the child during their scheduled time, they must offer the opportunity to the other parent before arranging alternative care.</span></p>
  235. <h2><b>14. Privacy and Confidentiality</b></h2>
  236. <h3><b>Child&#8217;s Privacy</b></h3>
  237. <p><span style="font-weight: 400;">Protect the child&#8217;s privacy by restricting the sharing of personal information on social media.</span></p>
  238. <h3><b>Parental Privacy</b></h3>
  239. <p><span style="font-weight: 400;">Include clauses that prevent parents from discussing legal matters negatively in front of the child.</span></p>
  240. <h2><b>15. Modification Procedures</b></h2>
  241. <h3><b>Changing the Custody Order</b></h3>
  242. <p><span style="font-weight: 400;">Outline how modifications to the custody order can be requested, including requirements for mediation or court approval.</span></p>
  243. <h3><b>Temporary Changes</b></h3>
  244. <p><span style="font-weight: 400;">Include procedures for temporary changes due to emergencies or unforeseen circumstances.</span></p>
  245. <h2><b>16. Tax and Financial Clauses</b></h2>
  246. <h3><b>Claiming the Child on Taxes</b></h3>
  247. <p><span style="font-weight: 400;">Specify which parent can claim the child as a dependent for tax purposes, potentially alternating years.</span></p>
  248. <h3><b>Financial Documentation Sharing</b></h3>
  249. <p><span style="font-weight: 400;">Require regular sharing of financial information to ensure compliance with support obligations.</span></p>
  250. <h2><b>17. Parenting Plan Review</b></h2>
  251. <h3><b>Periodic Reviews</b></h3>
  252. <p><span style="font-weight: 400;">Schedule periodic reviews of the parenting plan to address the child&#8217;s changing needs as they grow.</span></p>
  253. <h3><b>Adjustment Triggers</b></h3>
  254. <p><span style="font-weight: 400;">Identify events that may trigger a review, such as school transitions or changes in parental employment.</span></p>
  255. <h2><b>18. Special Needs Considerations</b></h2>
  256. <h3><b>Accommodations and Care Plans</b></h3>
  257. <p><span style="font-weight: 400;">For children with special needs, include detailed care instructions, therapy schedules, and educational accommodations.</span></p>
  258. <h3><b>Coordination of Services</b></h3>
  259. <p><span style="font-weight: 400;">Clarify how parents will collaborate to manage the child&#8217;s medical and therapeutic services.</span></p>
  260. <h2><b>19. Cultural and Religious Practices</b></h2>
  261. <h3><b>Respect for Cultural Identity</b></h3>
  262. <p><span style="font-weight: 400;">Ensure both parents support the child&#8217;s cultural heritage and practices.</span></p>
  263. <h3><b>Religious Upbringing</b></h3>
  264. <p><span style="font-weight: 400;">Address religious education, participation in rituals, and decisions about religious affiliation.</span></p>
  265. <h2><b>20. Final Provisions</b></h2>
  266. <h3><b>Enforcement Clauses</b></h3>
  267. <p><span style="font-weight: 400;">Include language that reinforces the legal enforceability of the custody order.</span></p>
  268. <h3><b>Governing Law</b></h3>
  269. <p><span style="font-weight: 400;">Specify the jurisdiction and state laws that govern the custody order.</span></p>
  270. <h1><b>Conclusion</b></h1>
  271. <p><span style="font-weight: 400;">When creating a custody agreement, including detailed provisions can prevent misunderstandings and conflicts. These 20 common child custody order provisions provide a comprehensive framework to address essential aspects of co-parenting. By considering each provision carefully, parents can develop a plan that supports their child&#8217;s well-being and fosters a positive co-parenting relationship. For personalized guidance, consulting with a family law attorney can ensure your custody order meets legal standards and reflects your family&#8217;s unique needs.</span></p>
  272. </div>
  273. </div>
  274. </div>
  275. </div>
  276. </div>
  277. </section>
  278. </div>The post <a href="https://ascentlawfirm.com/child-custody-order-provisions/">20 Common Child Custody Order Provisions</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  282. </item>
  283. <item>
  284. <title>Questions to Ask a Family Lawyer During Your Consultation</title>
  285. <link>https://ascentlawfirm.com/questions-to-ask-a-family-lawyer-during-your-consultation-2/</link>
  287. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  288. <pubDate>Mon, 23 Dec 2024 19:28:03 +0000</pubDate>
  289. <category><![CDATA[General]]></category>
  290. <guid isPermaLink="false">https://ascentlawfirm.com/?p=5206617</guid>
  291.  
  292. <description><![CDATA[<p>At Ascent Law, we recognize the complexity of family legal issues. Whether you&#8217;re dealing with divorce, child custody, or adoption, a consultation with a family lawyer is crucial. This meeting&#8230;</p>
  293. The post <a href="https://ascentlawfirm.com/questions-to-ask-a-family-lawyer-during-your-consultation-2/">Questions to Ask a Family Lawyer During Your Consultation</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  294. <content:encoded><![CDATA[<p>At Ascent Law, we recognize the complexity of family legal issues. Whether you&#8217;re dealing with divorce, child custody, or adoption, a consultation with a family lawyer is crucial. This meeting offers a chance to discuss your specific situation, pose relevant questions, and understand your legal options.</p>
  295.  
  296.  
  297.  
  298. <p>We advise our clients to be well-prepared for this initial consultation. It&#8217;s more than just sharing concerns; it&#8217;s about detailing your case specifics. During the meeting, it&#8217;s essential to share all relevant facts and any apprehensions. Consulting with multiple lawyers can help you find the best fit for your needs.</p>
  299.  
  300.  
  301.  
  302. <p>Being informed and prepared with the right questions empowers you to make informed decisions. Our goal is to offer the guidance and support you need during this challenging period.</p>
  303.  
  304.  
  305.  
  306. <h2 class="wp-block-heading">Understanding the Importance of a Family Lawyer</h2>
  307.  
  308.  
  309.  
  310. <p>Family law matters can be overwhelming, making the role of a family lawyer indispensable. They act as our advocate, guiding us through the complex legal landscape of divorce or custody battles. Their expertise allows them to negotiate settlements, prepare legal documents, and represent us in court. With a skilled family lawyer, we can significantly impact the outcome of our case.</p>
  311.  
  312.  
  313.  
  314. <h3 class="wp-block-heading">The Role of a Family Lawyer in Legal Matters</h3>
  315.  
  316.  
  317.  
  318. <p>A family lawyer is crucial in safeguarding our rights and interests. They specialize in family law areas like marriage, divorce, adoption, and child custody. Their experience helps demystify the legal process, clarifies expectations, and develops strategies tailored to our unique circumstances.</p>
  319.  
  320.  
  321.  
  322. <h3 class="wp-block-heading">How a Family Lawyer Can Provide Peace of Mind</h3>
  323.  
  324.  
  325.  
  326. <p>Engaging a family lawyer not only meets our legal needs but also offers peace of mind. Knowing someone experienced is fighting for our interests reduces anxiety. They handle legal processes, allowing us to focus on our well-being. Their clear communication and trust-building foster a supportive environment, empowering us to face challenges head-on.</p>
  327.  
  328.  
  329.  
  330. <h2 class="wp-block-heading">Questions to Ask a Family Lawyer During Your Consultation</h2>
  331.  
  332.  
  333.  
  334. <p>During our initial consultation with a family lawyer, it is crucial to evaluate their experience, particularly in divorce or custody disputes. Essential questions should delve into their familiarity with cases akin to ours. Their success rates offer insight into their capability to navigate our unique circumstances.</p>
  335.  
  336.  
  337.  
  338. <h3 class="wp-block-heading">Assessing Their Experience with Cases Like Yours</h3>
  339.  
  340.  
  341.  
  342. <p>We must ask about the attorney&#8217;s experience in handling cases similar to ours. The number of cases they have successfully managed is a key indicator of their expertise. It&#8217;s important to determine if they have experience with child custody and divorce challenges. This knowledge is essential for building confidence in our legal representation.</p>
  343.  
  344.  
  345.  
  346. <h3 class="wp-block-heading">Understanding Their Approach to Your Case</h3>
  347.  
  348.  
  349.  
  350. <p>It&#8217;s also vital to grasp the lawyer&#8217;s approach to our case. A skilled attorney will present various options, including mediation, negotiation, or trial. They should clearly outline the advantages and disadvantages of each approach. By discussing their strategy, we can ensure it aligns with our objectives and needs.</p>
  351.  
  352.  
  353.  
  354. <h2 class="wp-block-heading">Cost-related Questions for Your Family Law Consultation</h2>
  355.  
  356.  
  357.  
  358. <p>Exploring financial aspects during our family law consultations is crucial for making informed decisions. It&#8217;s vital to understand how attorneys calculate costs to navigate legal fees effectively. We should discuss fee structures, such as hourly rates, flat fees, or retainer payments. This dialogue clarifies what services are included and if there are additional costs for services like copying or filing.</p>
  359.  
  360.  
  361.  
  362. <h3 class="wp-block-heading">Understanding Fee Structures: Hourly vs. Flat Rates</h3>
  363.  
  364.  
  365.  
  366. <p>Discussing billing methods with attorneys promotes transparency and financial planning. Knowing the average hourly rates helps us estimate potential costs. Awareness of the average retainer amount prepares us for initial financial commitments. These conversations are essential, especially when considering alimony, as they impact our overall budget.</p>
  367.  
  368.  
  369.  
  370. <h3 class="wp-block-heading">What to Expect in Terms of Total Costs</h3>
  371.  
  372.  
  373.  
  374. <p>Seeking a total cost estimate based on our unique circumstances is beneficial. Various factors, like settlement likelihood and case complexity, influence costs. Inquiring about potential hidden expenses for filings and other needs aids in budgeting. This ensures we stay financially prepared throughout the legal process.</p>
  375.  
  376.  
  377.  
  378. <h2 class="wp-block-heading">Communication and Availability of Your Lawyer</h2>
  379.  
  380.  
  381.  
  382. <p>Effective communication is paramount in legal proceedings. We must understand the frequency of case updates. It&#8217;s crucial to clarify communication preferences, such as phone calls or emails. This streamlines the process and ensures we&#8217;re informed about case developments.</p>
  383.  
  384.  
  385.  
  386. <p>Determining the update frequency is key. It allows us to address any concerns promptly. This proactive approach keeps us informed and reduces anxiety.</p>
  387.  
  388.  
  389.  
  390. <h3 class="wp-block-heading">How Often Will You Receive Updates?</h3>
  391.  
  392.  
  393.  
  394. <p>In our initial meeting, we can discuss the attorney&#8217;s communication style and update frequency. This knowledge sets realistic expectations about our case&#8217;s involvement. Regular updates alleviate anxiety and uncertainty, ensuring we feel supported.</p>
  395.  
  396.  
  397.  
  398. <h3 class="wp-block-heading">Who Will Be Your Point of Contact?</h3>
  399.  
  400.  
  401.  
  402. <p>Identifying our primary point of contact within the law firm is essential. Support staff often handle day-to-day communication. Asking about this clarifies the channels for receiving information.</p>
  403.  
  404.  
  405.  
  406. <p>Knowing how to reach our lawyer when needed fosters peace of mind. It enables smooth communication with our family lawyer during challenging times.</p>
  407.  
  408.  
  409.  
  410. <h2 class="wp-block-heading">Child Custody and Support Considerations</h2>
  411.  
  412.  
  413.  
  414. <p>Grasping the intricacies of child custody and support is paramount as we delve into the complexities of family law. Our consultation must delve into child custody strategies tailored to our family&#8217;s distinct needs. This thoughtful approach can streamline the process.</p>
  415.  
  416.  
  417.  
  418. <h3 class="wp-block-heading">Inquiring About Child Custody Strategies</h3>
  419.  
  420.  
  421.  
  422. <p>During our meeting with a family lawyer, prioritizing child custody strategies is crucial. We should delve into their experience with custody cases and their methodologies for various scenarios. It&#8217;s advisable to inquire about the steps involved in local custody processes to adequately prepare for potential outcomes. Learning how the lawyer can facilitate a settlement to circumvent court proceedings can greatly alleviate stress and financial burdens. Familiarizing ourselves with the criteria the court employs to determine custody will also enable us to effectively advocate for our children&#8217;s welfare.</p>
  423.  
  424.  
  425.  
  426. <h3 class="wp-block-heading">Understanding Child Support Guidelines in Utah</h3>
  427.  
  428.  
  429.  
  430. <p>Comprehending child support guidelines is another vital component of our consultation. We should explore how payments are calculated and what expenses are covered. Family lawyers frequently underscore the necessity of a thorough understanding of the financial implications tied to custody agreements. Being aware of the circumstances under which child support modifications can occur, such as income changes or relocation, empowers us to proactively manage our financial commitments. Addressing these child support consultation questions will equip us for future dialogues, ensuring we are well-informed about our rights and duties.</p>
  431.  
  432.  
  433.  
  434. <h2 class="wp-block-heading">Preparing for Your Initial Consultation</h2>
  435.  
  436.  
  437.  
  438. <p>To fully benefit from our family law consultation preparation, meticulous planning is essential for the initial meeting. We must first collect all critical documents related to our case. This includes financial statements, custody arrangements, and any prior legal documents. Such preparation ensures a seamless discussion and provides the attorney with a detailed understanding of our unique situation.</p>
  439.  
  440.  
  441.  
  442. <p>Additionally, compiling a list of questions and concerns is crucial. This helps us stay organized and focused during the consultation. It&#8217;s vital to address all key areas, such as setting realistic goals for the divorce or custody process. Being prepared for an honest conversation is also essential, as the attorney&#8217;s advice may differ from our initial expectations.</p>
  443.  
  444.  
  445.  
  446. <p>Lastly, conducting research on family law, especially in Virginia, is advisable. This knowledge enhances our participation in discussions with the attorney. Recognizing the emotional gravity of these matters is crucial. Seeking support from licensed mental health professionals can be beneficial during this challenging period. Confidentiality is paramount as we share our personal concerns with legal professionals.</p>The post <a href="https://ascentlawfirm.com/questions-to-ask-a-family-lawyer-during-your-consultation-2/">Questions to Ask a Family Lawyer During Your Consultation</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  450. </item>
  451. <item>
  452. <title>Withdrawing Money from Bank Account After Death</title>
  453. <link>https://ascentlawfirm.com/withdrawing-money-from-bank-account-after-death/</link>
  454. <comments>https://ascentlawfirm.com/withdrawing-money-from-bank-account-after-death/#respond</comments>
  456. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  457. <pubDate>Thu, 09 May 2024 14:18:42 +0000</pubDate>
  458. <category><![CDATA[General]]></category>
  459. <guid isPermaLink="false">https://ascentlawfirm.com/?p=5198120</guid>
  460.  
  461. <description><![CDATA[<p>Wondering how to legally handle withdrawing money from bank account after death? This critical task requires complying with specific financial and legal protocols. Our concise guide demystifies the authorization process,&#8230;</p>
  462. The post <a href="https://ascentlawfirm.com/withdrawing-money-from-bank-account-after-death/">Withdrawing Money from Bank Account After Death</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  463. <content:encoded><![CDATA[<p>Wondering how to legally handle <a href="https://ascentlawfirm.com/is-it-illegal-to-withdraw-money-from-a-deceased-persons-account/">withdrawing money from bank account after death</a>? This critical task requires complying with specific financial and legal protocols. Our concise guide demystifies the authorization process, the importance of legal documents, and the responsibilities of executors, ensuring you are equipped to handle this duty in compliance with the <a href="https://ascentlawfirm.com/?utm_source=google&amp;utm_medium=gbp">law</a>.</p>
  464.  
  465.  
  466.  
  467. <h2 class="wp-block-heading">Key Takeaways</h2>
  468.  
  469.  
  470.  
  471. <ul class="wp-block-list">
  472. <li>The withdrawal of funds from a deceased person’s bank account is strictly regulated, requiring the appointment of a personal representative and a certified death certificate, and unauthorized withdrawal is illegal.</li>
  473.  
  474.  
  475.  
  476. <li>Joint bank accounts and <a href="https://ascentlawfirm.com/payable-on-death-beneficiary-for-accounts/">Payable on Death</a> accounts facilitate the transfer of assets to the surviving owner or named beneficiary respectively, bypassing <a href="https://ascentlawfirm.com/steps-in-a-utah-probate/">probate</a>, but both require a death certificate for the transfer.</li>
  477.  
  478.  
  479.  
  480. <li>Before heirs can access funds from a deceased person’s bank account, legally mandated debt repayment takes priority, with banks following a sequence prioritizing creditors and requiring claims within a specific timeframe.</li>
  481. </ul>
  482.  
  483.  
  484.  
  485. <h2 class="wp-block-heading">Withdrawing Funds After an Account Holder&#8217;s Passing</h2>
  486.  
  487.  
  488.  
  489. <figure class="wp-block-image size-large"><a href="https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk.jpg"><img fetchpriority="high" decoding="async" width="1024" height="683" src="https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk-1024x683.jpg" alt="" class="wp-image-5198121" srcset="https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk-1024x683.jpg 1024w, https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk-300x200.jpg 300w, https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk-768x512.jpg 768w, https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk-1536x1024.jpg 1536w, https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk-370x247.jpg 370w, https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk-840x560.jpg 840w, https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk-410x273.jpg 410w, https://ascentlawfirm.com/wp-content/uploads/2024/05/legal-docs-on-a-desk.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></a></figure>
  490.  
  491.  
  492.  
  493. <p>The legal labyrinth surrounding the withdrawal of funds from a deceased person’s bank account primarily centers on the authorization process. When a bank is notified of a customer’s death, the account is typically frozen. This is a protective measure designed to prevent fraudulent activities and ensure that the funds are distributed according to the decedent’s wishes and the law.</p>
  494.  
  495.  
  496.  
  497. <p>The key player in this process is the personal representative, such as an executor named in the will or an administrator of the estate. This individual is typically the only person authorized to close the deceased’s bank account. It’s important to note that <a href="https://ascentlawfirm.com/is-it-illegal-to-withdraw-money-from-a-deceased-persons-account/">taking money out of a deceased person’s bank account without proper authorization is illegal.</a></p>
  498.  
  499.  
  500.  
  501. <p>The timeline for a bank to release money after a person’s bank account holder’s death can vary significantly. Factors such as the complexity of the estate, necessary financial documents, and the value of the assets all play a role.</p>
  502.  
  503.  
  504.  
  505. <h3 class="wp-block-heading">The Importance of the Death Certificate</h3>
  506.  
  507.  
  508.  
  509. <p>One cannot underestimate the importance of a death certificate in the whole process. Serving as legal proof of death, a certified death certificate is required by financial institutions and banks to proceed with any transactions after an account holder’s death. This includes making changes or closing accounts solely in the deceased’s name.</p>
  510.  
  511.  
  512.  
  513. <p>Even a payable on death (POD) beneficiary must provide a certified copy of the death certificate and identification to claim the funds.</p>
  514.  
  515.  
  516.  
  517. <h3 class="wp-block-heading">Executor vs. Personal Representative: Roles Defined</h3>
  518.  
  519.  
  520.  
  521. <p>The executor or personal representative plays a crucial role in managing a deceased person’s bank accounts. This individual, authorized by the <a href="https://ascentlawfirm.com/utah-probate-court-search/">probate court</a>, is responsible for notifying creditors of the death and settling all claims against the estate within a period typically ranging from three to six months.</p>
  522.  
  523.  
  524.  
  525. <p>To access and close the deceased person’s bank account, the executor must provide the bank with proof of their appointment and a death certificate.</p>
  526.  
  527.  
  528.  
  529. <h3 class="wp-block-heading">Legal Authority to Withdraw Funds</h3>
  530.  
  531.  
  532.  
  533. <p>Before any funds can be withdrawn from a deceased’s bank account, a legal process involving the authenticity and validation of the will must be completed. To withdraw money from the deceased’s account, the nominee or claimant must provide the bank with the death certificate and proof of their identity.</p>
  534.  
  535.  
  536.  
  537. <p>If there is no nomination, a copy of the succession certificate or the will must be provided in order to validate the legal process. This is necessary for ensuring the rightful distribution of assets and property as per the legal requirements.</p>
  538.  
  539.  
  540.  
  541. <h2 class="wp-block-heading">Rights of Surviving Joint Account Holders</h2>
  542.  
  543.  
  544.  
  545. <figure class="wp-block-image size-large"><a href="https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents.jpg"><img decoding="async" width="1024" height="683" src="https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents-1024x683.jpg" alt="" class="wp-image-5198123" srcset="https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents-1024x683.jpg 1024w, https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents-300x200.jpg 300w, https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents-768x512.jpg 768w, https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents-1536x1024.jpg 1536w, https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents-370x247.jpg 370w, https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents-840x560.jpg 840w, https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents-410x273.jpg 410w, https://ascentlawfirm.com/wp-content/uploads/2024/05/two-people-signing-legal-documents.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></a></figure>
  546.  
  547.  
  548.  
  549. <p>Joint bank accounts add another layer of complexity to the process. Often, these accounts are set up with ‘Joint With Rights of Survivorship’ (JWROS) which means that upon the death of one account holder, the assets in the account automatically transfer to the surviving account holder. This automatic transfer of ownership is a significant advantage, as it facilitates bypassing the probate court, thereby streamlining access to the account for the surviving owner after the co-owner’s death.</p>
  550.  
  551.  
  552.  
  553. <p>However, it’s not always smooth sailing. In the event of one of the signers passing away, banks may temporarily freeze joint accounts, potentially impacting the surviving owner’s ability to access funds immediately. This freeze is a standard procedure to prevent unauthorized access to the account.</p>
  554.  
  555.  
  556.  
  557. <h3 class="wp-block-heading">Understanding Joint Bank Account Rules</h3>
  558.  
  559.  
  560.  
  561. <p>The rules surrounding joint bank accounts are crucial to understand. Here are some key points to keep in mind:</p>
  562.  
  563.  
  564.  
  565. <ol class="wp-block-list">
  566. <li>Joint bank account holders generally benefit from the right of survivorship, which means the surviving account holder automatically becomes the owner of the account funds upon the death of the other holder.</li>
  567.  
  568.  
  569.  
  570. <li>Funds in a joint account typically do not go through the probate process, and the surviving owner becomes the legal owner of the funds immediately after the other owner’s death.</li>
  571.  
  572.  
  573.  
  574. <li>However, the surviving joint account holder must provide the bank with a death certificate to confirm the death and update the account records.</li>
  575. </ol>
  576.  
  577.  
  578.  
  579. <h3 class="wp-block-heading">Automatic Transfer of Ownership</h3>
  580.  
  581.  
  582.  
  583. <p>In a joint bank account, most agreements include a ‘right of survivorship,’ an arrangement that provides for the automatic transfer of ownership to the surviving account holder, without the need for probate. This right of survivorship is recognized by law in most jurisdictions and typically overrides any contrary provisions in a will or estate plan. In the case of a joint savings account, the same rules apply.</p>
  584.  
  585.  
  586.  
  587. <p>When a deceased account holder dies, to complete the transfer process after the account holder’s death, the surviving account holder must provide a certified copy of the death certificate, forms of identification, and fill out additional bank forms.</p>
  588.  
  589.  
  590.  
  591. <h3 class="wp-block-heading">Exceptions and Considerations</h3>
  592.  
  593.  
  594.  
  595. <p>While the process generally favors the surviving account holder, there are exceptions and considerations to keep in mind. For instance, if a surviving joint account holder withdraws more than the annual gift tax exclusion amount, they may need to file a gift tax return. Also, if the designated beneficiary is a minor, a legal guardian or custodian must be appointed to manage the funds on behalf of the minor.</p>
  596.  
  597.  
  598.  
  599. <h2 class="wp-block-heading">Payable on Death Accounts: Accessing Designated Funds</h2>
  600.  
  601.  
  602.  
  603. <figure class="wp-block-image size-large"><a href="https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money.jpg"><img decoding="async" width="1024" height="683" src="https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money-1024x683.jpg" alt="bank teller handing beneficiary money" class="wp-image-5198122" srcset="https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money-1024x683.jpg 1024w, https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money-300x200.jpg 300w, https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money-768x512.jpg 768w, https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money-1536x1024.jpg 1536w, https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money-370x247.jpg 370w, https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money-840x560.jpg 840w, https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money-410x273.jpg 410w, https://ascentlawfirm.com/wp-content/uploads/2024/05/bank-teller-handing-beneficiary-money.jpg 1920w" sizes="(max-width: 1024px) 100vw, 1024px" /></a></figure>
  604.  
  605.  
  606.  
  607. <p>Payable-on-death (POD) accounts provide another avenue for the seamless transfer of funds after an account holder’s death. These accounts, also known as Totten trusts or revocable bank account trusts, allow the owner of an account to name a beneficiary who will automatically inherit the account upon the owner’s death. Checking accounts, savings accounts, and certificates of deposit (CDs) are examples of accounts that can have a payable-on-death designee.</p>
  608.  
  609.  
  610.  
  611. <p>The POD beneficiary is a person designated to take control of the account after the account holder’s death, without the need for probate. The bank releases the funds to the named <a href="https://ascentlawfirm.com/how-do-you-find-out-if-you-are-a-beneficiary-of-a-will/">beneficiary after being notified</a> of the account holder’s death, at which point the bank typically closes the account.</p>
  612.  
  613.  
  614.  
  615. <h3 class="wp-block-heading">The Role of a Payable on Death Beneficiary</h3>
  616.  
  617.  
  618.  
  619. <p>A Payable on Death (POD) beneficiary plays a crucial role in the distribution of funds after an account holder’s death. A beneficiary is the inheritor of particular assets, including bank accounts, who automatically inherits the designated account’s funds upon the signer’s death. However, it’s important to remember that a POD <a href="https://ascentlawfirm.com/are-beneficiaries-entitled-to-a-copy-of-the-will/">beneficiary has no rights</a> to the funds in the account while the account holder is alive.</p>
  620.  
  621.  
  622.  
  623. <h3 class="wp-block-heading">Claiming the Deceased Account Holder&#8217;s Assets</h3>
  624.  
  625.  
  626.  
  627. <p>To claim the deceased’s assets, POD beneficiaries are required to present verification of the nomination along with the original death certificate. If there is a state-imposed waiting period, the POD beneficiary must adhere to it before they can collect the funds from the deceased’s account. This underlines the importance of understanding the specific regulations surrounding POD accounts to ensure a smooth transition of funds.</p>
  628.  
  629.  
  630.  
  631. <h3 class="wp-block-heading">Avoiding Probate with POD Arrangements</h3>
  632.  
  633.  
  634.  
  635. <p>Avoiding the often time-consuming and costly probate process is one of the key benefits of POD arrangements. As mentioned earlier, POD accounts, also known as Totten trusts, informal trusts, or revocable bank account trusts, simplify the process of asset distribution by bypassing probate court procedures.</p>
  636.  
  637.  
  638.  
  639. <p>The account holder of a POD account maintains the flexibility to change the named beneficiary, thus ensuring that they can alter their estate plan as needed.</p>
  640.  
  641.  
  642.  
  643. <h2 class="wp-block-heading">Settling Debts and Obligations: The Impact on Withdrawals</h2>
  644.  
  645.  
  646.  
  647. <p>Before the distribution of assets to heirs, it’s important to understand that banks prioritize creditor repayment. Banks resolving debts of a deceased individual prioritize claims based on legal precedence, ensuring creditors are settled before any distribution to beneficiaries.</p>
  648.  
  649.  
  650.  
  651. <p>When a person passes away, their assets are transferred to their estate and are used to pay off any outstanding debts. After satisfying all valid debts, any remaining amount of the deceased person’s estate will be distributed to the surviving family members. However, creditors are given preference over legal heirs or beneficiaries when it comes to the distribution of assets from a deceased person’s bank account.</p>
  652.  
  653.  
  654.  
  655. <h3 class="wp-block-heading">Prioritization of Creditors</h3>
  656.  
  657.  
  658.  
  659. <p>Banks follow a legally mandated sequence in managing the deceased’s debts. This typically prioritizes creditor repayment before heirs can access funds. In the case of an insolvent estate, debts are prioritized with estate administration costs and taxes being covered first, followed by other obligations such as credit cards and personal loans.</p>
  660.  
  661.  
  662.  
  663. <p>It’s important to note that creditors are required to submit written claims within a specific timeframe, generally three to six months, and cannot make claims after this period expires.</p>
  664.  
  665.  
  666.  
  667. <h3 class="wp-block-heading">Handling Disputed Claims</h3>
  668.  
  669.  
  670.  
  671. <p>Disputed claims on a bank account can arise from various grounds including suspected undue influence, documentation errors, forgery, and fraud. For a disputed claim to advance to legal action, an interested party must file a petition, gather evidence, and may subsequently become involved in litigation, potentially resulting in the freezing of the account in question.</p>
  672.  
  673.  
  674.  
  675. <p>Executors, administrators, and trustees can contest beneficiary designations, and cases of undue influence are often associated with caregivers, fiduciaries, and family members.</p>
  676.  
  677.  
  678.  
  679. <h2 class="wp-block-heading">Estate Planning Insights: Preparing for Future Certainties</h2>
  680.  
  681.  
  682.  
  683. <p>While dealing with the aftermath of a loved one’s death can be overwhelming, the process becomes less daunting with proper <a href="https://ascentlawfirm.com/what-are-estates-when-you-die/">estate planning</a>. Establishing a will and power of <a href="https://ascentlawfirm.com/how-much-should-i-pay-for-estate-planning/">attorney through estate planning</a> allows individuals to determine guardians for minor children (if applicable) and ensure assets are managed as intended after death.</p>
  684.  
  685.  
  686.  
  687. <p>Estate planning benefits people of all economic classes by potentially:</p>
  688.  
  689.  
  690.  
  691. <ul class="wp-block-list">
  692. <li>reducing or eliminating estate and <a href="https://ascentlawfirm.com/inheritance-taxes/">inheritance taxes</a></li>
  693.  
  694.  
  695.  
  696. <li>securing the future care of children</li>
  697.  
  698.  
  699.  
  700. <li>safeguarding against family disputes over inheritance</li>
  701.  
  702.  
  703.  
  704. <li>directing asset management during events of mental incapacitation or posthumous circumstances.</li>
  705. </ul>
  706.  
  707.  
  708.  
  709. <h3 class="wp-block-heading">The Value of a Will and Power of Attorney</h3>
  710.  
  711.  
  712.  
  713. <p>A well-structured will and power of attorney are essential elements of estate planning. These legal documents enable an individual to specify asset distribution and can reduce income tax liabilities for beneficiaries.</p>
  714.  
  715.  
  716.  
  717. <p>It’s crucial to note that a revocable power of attorney becomes invalid after the person who has given the authority dies, demonstrating the importance of having a power of attorney in place before death for handling financial decisions.</p>
  718.  
  719.  
  720.  
  721. <h3 class="wp-block-heading">The Role of Estate Planning Attorneys</h3>
  722.  
  723.  
  724.  
  725. <p>Estate planning attorneys play a pivotal role in handling estate matters, including the management of bank accounts after death. They aid in:</p>
  726.  
  727.  
  728.  
  729. <ul class="wp-block-list">
  730. <li>Drafting key legal documents like wills and trusts, which dictate how a deceased person’s bank accounts and other assets are to be handled.</li>
  731.  
  732.  
  733.  
  734. <li>Providing comprehensive estate asset management, especially in complex situations.</li>
  735.  
  736.  
  737.  
  738. <li>Working in collaboration with accountants and financial planners.</li>
  739. </ul>
  740.  
  741.  
  742.  
  743. <h2 class="wp-block-heading">Navigating Social Security and Other Governmental Procedures</h2>
  744.  
  745.  
  746.  
  747. <p>Navigating Social Security and other governmental procedures is another critical aspect of dealing with deceased person’s bank accounts. Surviving spouses or children are potentially eligible for survivors benefits the month the deceased person died, and there are specific eligibility requirements for surviving divorced spouses and dependent parents.</p>
  748.  
  749.  
  750.  
  751. <p>A surviving spouse can receive Social Security survivors benefits as early as age 60, or age 50 if disabled, with the possibility to switch to their own retirement benefit as early as age 62 if it results in a higher benefit. There are family benefit limits which can cap the total amount paid to all eligible family members between 150% to 180% of the deceased worker’s basic benefit rate.</p>
  752.  
  753.  
  754.  
  755. <h3 class="wp-block-heading">Reporting to the Social Security Administration</h3>
  756.  
  757.  
  758.  
  759. <p>Swiftly notifying the Social Security Administration (SSA) after a person’s death is crucial, which is often facilitated by funeral homes if they receive the deceased’s Social Security number. To report a death or apply for survivors benefits, contact must be made through a phone call to the SSA at their provided number, as online reporting is not available.</p>
  760.  
  761.  
  762.  
  763. <h3 class="wp-block-heading">Returning Erroneous Payments</h3>
  764.  
  765.  
  766.  
  767. <p>Another key aspect to consider is returning erroneous Social Security payments. Benefits received via direct deposit after the death of the account holder must be returned to the Social Security Administration by contacting the financial institution and requesting the funds be sent back.</p>
  768.  
  769.  
  770.  
  771. <p>Social Security benefits received by check for the month of death and any subsequent months should not be cashed and must be returned to the Social Security Administration immediately.</p>
  772.  
  773.  
  774.  
  775. <h2 class="wp-block-heading">Summary</h2>
  776.  
  777.  
  778.  
  779. <p>Navigating the process of withdrawing funds from a deceased person’s bank account might seem complicated, but with a clear understanding of the legal procedures and rights of the parties involved, the path can become more manageable. The key takeaways from this discussion are the importance of a certified death certificate, the roles of the executor and personal representative, the rights of surviving joint account owners, and the benefits of Payable on Death (POD) accounts.</p>
  780.  
  781.  
  782.  
  783. <p>While dealing with the loss of a loved one is never easy, having a structured plan in place can provide some peace of mind. It’s important to remember that every situation is unique, and consulting with an experienced estate planning attorney can provide guidance tailored to your specific circumstances. As Benjamin Franklin once said, “By failing to prepare, you are preparing to fail.”</p>
  784.  
  785.  
  786.  
  787. <h2 class="wp-block-heading">Frequently Asked Questions</h2>
  788.  
  789.  
  790.  
  791. <h3 class="wp-block-heading">What happens to a person&#8217;s bank account when they pass away?</h3>
  792.  
  793.  
  794.  
  795. <p>When a person passes away, their bank account is typically frozen and can only be closed by the personal representative named in the will or the estate administrator. This process helps ensure proper distribution of the deceased&#8217;s assets.</p>
  796.  
  797.  
  798.  
  799. <h3 class="wp-block-heading">What is the role of a Payable on Death (POD) beneficiary?</h3>
  800.  
  801.  
  802.  
  803. <p>The role of a Payable on Death (POD) beneficiary is to gain control of the account after the account holder&#8217;s death, bypassing the need for probate. This allows for a smooth transfer of assets to the beneficiary.</p>
  804.  
  805.  
  806.  
  807. <h3 class="wp-block-heading">What happens to joint bank accounts when one account holder passes away?</h3>
  808.  
  809.  
  810.  
  811. <p>When one account holder passes away, the assets in the joint account automatically transfer to the surviving account holder, as per the &#8216;Joint With Rights of Survivorship&#8217; arrangement.</p>
  812.  
  813.  
  814.  
  815. <h3 class="wp-block-heading">What is the role of an executor?</h3>
  816.  
  817.  
  818.  
  819. <p>The role of an executor is to notify creditors of the death and settle all claims against the estate within a specified period, usually three to six months. This ensures that the deceased&#8217;s debts are properly addressed.</p>
  820.  
  821.  
  822.  
  823. <h3 class="wp-block-heading">How does estate planning benefit individuals?</h3>
  824.  
  825.  
  826.  
  827. <p>Estate planning benefits individuals by potentially reducing or eliminating estate and inheritance taxes, securing the future care of children, providing clarity on assets, and easing the process for beneficiaries. This helps ensure financial security and peace of mind for the individual and their loved ones.</p>The post <a href="https://ascentlawfirm.com/withdrawing-money-from-bank-account-after-death/">Withdrawing Money from Bank Account After Death</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  829. <wfw:commentRss>https://ascentlawfirm.com/withdrawing-money-from-bank-account-after-death/feed/</wfw:commentRss>
  830. <slash:comments>0</slash:comments>
  833. </item>
  834. <item>
  835. <title>What Happens If You Die Without A Will?</title>
  836. <link>https://ascentlawfirm.com/what-happens-if-you-die-without-a-will/</link>
  838. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  839. <pubDate>Mon, 25 Mar 2024 22:36:18 +0000</pubDate>
  840. <category><![CDATA[Estate Planning]]></category>
  841. <category><![CDATA[probate lawyer]]></category>
  842. <guid isPermaLink="false">https://ascentlawfirm.com/?p=316965</guid>
  843.  
  844. <description><![CDATA[<p>If you die without a will, there are immediate legal ramifications. State intestacy laws kick in, deciding for you how your assets will be distributed, quite possibly contrary to what&#8230;</p>
  845. The post <a href="https://ascentlawfirm.com/what-happens-if-you-die-without-a-will/">What Happens If You Die Without A Will?</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  846. <content:encoded><![CDATA[<p>If you die without a will, there are immediate legal ramifications. State intestacy laws kick in, deciding for you how your assets will be distributed, quite possibly contrary to what you might have wanted. This definitive guide helps demystify the probate process, the state’s role in appointing an estate administrator, and how your assets might be dispersed among heirs—or claimed by the state itself. Entering this maze of intestacy without a will can be daunting; let’s explore “what happens if you die without will”, so you can understand the full scope of the consequences and why estate planning matters.</p>
  847.  
  848.  
  849.  
  850. <h2 class="wp-block-heading">Key Takeaways</h2>
  851.  
  852.  
  853.  
  854. <ul class="wp-block-list">
  855. <li>Dying without a will (intestate) subjects the estate distribution to state laws, which prioritize the decedent’s closest relatives, namely spouse and children, but can lead to unintended outcomes for non-traditional family members or partners.</li>
  856.  
  857.  
  858.  
  859. <li>Probate courts oversee the administration of estates without wills, appointing administrators to manage and distribute the decedent’s assets according to state laws, which may vary significantly depending on the domicile and location of assets.</li>
  860.  
  861.  
  862.  
  863. <li>Non-probate assets, including life insurance, jointly held properties, and accounts with designated beneficiaries, bypass probate and can be directly transferred to beneficiaries, an important consideration in estate planning to avoid intestacy.</li>
  864. </ul>
  865.  
  866.  
  867.  
  868. <h2 class="wp-block-heading">The Consequences of Dying Intestate</h2>
  869.  
  870.  
  871.  
  872. <figure class="wp-block-image"><img decoding="async" src="https://images.surferseo.art/1f761954-3f45-4b56-9959-05adb5ddfbc7.jpeg" alt="Family members discussing estate distribution"/></figure>
  873.  
  874.  
  875.  
  876. <p>Dying intestate triggers the use of state’s intestacy laws, which often favor the decedent’s spouse and children. Intestate succession laws dictate how a deceased person’s assets are distributed among heirs such as the spouse, children, parents, or siblings. If there are no children, the surviving spouse typically receives all the property in many cases. This is a common situation in inheritance laws.</p>
  877.  
  878.  
  879.  
  880. <p>However, intestate succession can lead to unexpected and often unsettling outcomes. Stepchildren, long-term partners, and individuals in a common law marriage often do not automatically inherit under intestate laws without additional legal proof or proceedings. This can result in family disputes, uncertainty for loved ones, and the possibility of unintended beneficiaries receiving the estate.</p>
  881.  
  882.  
  883.  
  884. <h3 class="wp-block-heading">Understanding Intestacy</h3>
  885.  
  886.  
  887.  
  888. <p>To understand the impact of intestacy, we first need to understand what it means. Intestacy occurs when a person passes away without making a valid will. In the absence of a will, state intestacy laws provide the framework for determining who inherits a person’s assets, which generally prioritizes relatives.</p>
  889.  
  890.  
  891.  
  892. <p>Assets are typically distributed in shares to the decedent’s family members such as a surviving spouse, children, and other relatives. However, the estate may pass to the state if no relatives are located. Furthermore, if the deceased owned real estate in different states, the property is subject to the intestacy laws of the state where it is located. Survivors may even need to outlive the decedent by a certain period to inherit.</p>
  893.  
  894.  
  895.  
  896. <h3 class="wp-block-heading">State Laws and Variations</h3>
  897.  
  898.  
  899.  
  900. <p>Intestacy laws can significantly differ from one state to another, affecting how an estate is divided and distributed after someone’s death without a will. For example, the decedent’s state of domicile is the primary jurisdiction that governs the distribution of personal property under intestacy laws, regardless of where assets are located.</p>
  901.  
  902.  
  903.  
  904. <p>When an individual owns property in multiple states, each state’s intestacy laws apply locally. This can lead to different rules for real estate, intangible personal property, and tangible personal property. Additionally, community property states differ from separate property states in terms of asset distribution.</p>
  905.  
  906.  
  907.  
  908. <p>In the absence of legal heirs, the estate might escheat to the state, meaning the state inherits the assets.</p>
  909.  
  910.  
  911.  
  912. <h2 class="wp-block-heading">The Role of Probate Court in Intestate Cases</h2>
  913.  
  914.  
  915.  
  916. <figure class="wp-block-image"><img decoding="async" src="https://images.surferseo.art/c329e5b0-7083-4acd-b3d7-4369e85d9462.jpeg" alt="Probate court proceedings"/></figure>
  917.  
  918.  
  919.  
  920. <p>The probate court plays a fundamental role in handling intestate cases. When a person dies without a will, the probate court steps in to process and review the estate assets of the deceased person. In the absence of a last will, the probate court appoints an administrator, providing them with ‘letters of administration’ to act on behalf of the estate.</p>
  921.  
  922.  
  923.  
  924. <p>The probate court supervises the administrator to ensure the proper settlement of debts and distribution of the remaining assets to the legal heirs. The entire process is conducted in accordance with state intestacy laws, ensuring that the decedent’s estate is handled appropriately.</p>
  925.  
  926.  
  927.  
  928. <h3 class="wp-block-heading">Appointment of Personal Representative</h3>
  929.  
  930.  
  931.  
  932. <p>If there is no will, the probate court will appoint a personal representative to oversee the estate. This individual will be responsible for managing and distributing the assets of the deceased. State laws set out a list of eligible people for this role, and the court appoints someone based on the priority list when there is no will specifying an executor. Often, the surviving spouse is the first in line to serve as the personal representative or administrator of the estate.</p>
  933.  
  934.  
  935.  
  936. <p>The appointed administrator oversees the estate, identifies and collects the deceased’s assets, pays off debts and taxes, and distributes the remaining assets to legal heirs. Legal support services assist the personal representative through various tasks including contacting heirs, inventorying assets, paying taxes, and distributing property.</p>
  937.  
  938.  
  939.  
  940. <h3 class="wp-block-heading">Distribution of Assets</h3>
  941.  
  942.  
  943.  
  944. <p>After debts are settled, the probate court directs the appointed administrator to distribute the remaining assets to beneficiaries as per state law. The distribution of assets follows a set hierarchy, prioritizing the surviving spouse, followed by children, and then other relatives.</p>
  945.  
  946.  
  947.  
  948. <p>In probate proceedings for intestate estates, solely owned properties without a named beneficiary are distributed according to state’s intestate succession laws. State laws create a distribution framework for intestate succession, establishing a hierarchical structure of beneficiaries that typically begins with the surviving spouse and direct descendants.</p>
  949.  
  950.  
  951.  
  952. <p>However, if the deceased person leaves no will and has no identifiable heirs, the remaining assets may revert to the state, which is what happens if you die without proper arrangements in place.</p>
  953.  
  954.  
  955.  
  956. <h2 class="wp-block-heading">Non-Probate Assets and Their Impact on Intestate Succession</h2>
  957.  
  958.  
  959.  
  960. <figure class="wp-block-image"><img decoding="async" src="https://images.surferseo.art/b9829cf1-f8ea-419d-8782-ec09a335a246.jpeg" alt="Life insurance policy document"/></figure>
  961.  
  962.  
  963.  
  964. <p>In contrast to probate assets, non-probate assets do not pass through probate court when a person dies without a will. These assets include life insurance policies, banking accounts with named beneficiaries, and assets in a living trust. Non-probate assets that bypass probate when someone dies intestate include trusts, life insurance, financial accounts, joint tenancies, and assets with payable on death or transfer on death designations.</p>
  965.  
  966.  
  967.  
  968. <p>When assets have designated beneficiaries, they bypass the probate process and are directly transferred to those beneficiaries without the need for a will. This means that revocable trusts, which can be altered or revoked by the grantor during their lifetime, and irrevocable trusts, which can’t be changed and remove assets from the grantor’s taxable estate, can both help avoid probate.</p>
  969.  
  970.  
  971.  
  972. <h3 class="wp-block-heading">Life Insurance Policies</h3>
  973.  
  974.  
  975.  
  976. <p>Life insurance proceeds bypass the probate process and are directly distributed to the designated beneficiaries. The money paid out through life insurance death benefits is generally not considered taxable income for the beneficiaries. To claim the death benefit, beneficiaries must submit a request to the insurance company along with the necessary documentation such as the death certificate and policy number.</p>
  977.  
  978.  
  979.  
  980. <p>Beneficiaries can choose to receive the life insurance death benefit as a lump sum, annuity payments, or installment payments. The policyholder has the freedom to specify who the beneficiaries are and may include individuals, trusts, charities, or businesses in their life insurance policies. Beneficiaries can be altered, and the policyholder may dictate what percentage of the death benefit goes to each beneficiary. However, any payouts from an Accelerated Death Benefit or remaining balances on loans against the policy’s cash value may decrease the final payout of the death benefit.</p>
  981.  
  982.  
  983.  
  984. <h3 class="wp-block-heading">Joint Tenancy Properties</h3>
  985.  
  986.  
  987.  
  988. <p>Joint tenancy with right of survivorship is another type of non-probate asset. Joint tenants with Right of Survivorship (JTWROS) must be specified when registering or transferring a land title to establish this right. The grantor is the one who transfers a property title and grants the right of survivorship, either by purchasing property jointly or by using a Survivorship Deed to add another joint tenant.</p>
  989.  
  990.  
  991.  
  992. <p>The right of survivorship ensures that upon the death of one owner, their interest in the property automatically passes to the surviving joint owner(s), bypassing probate. Joint tenancy prevents individual owners from transferring their interest in the property to someone else without disrupting the joint tenancy.</p>
  993.  
  994.  
  995.  
  996. <p>The right of survivorship generally applies to residential or commercial properties, including single-family houses, townhouses, duplexes, condos, apartments, pieces of land, and farms.</p>
  997.  
  998.  
  999.  
  1000. <h2 class="wp-block-heading">Intestate Succession and Family Dynamics</h2>
  1001.  
  1002.  
  1003.  
  1004. <figure class="wp-block-image"><img decoding="async" src="https://images.surferseo.art/f4a01522-b337-421d-9432-89cfac35d953.jpeg" alt="Intestate succession impact on family dynamics"/></figure>
  1005.  
  1006.  
  1007.  
  1008. <p>Intestate succession laws, including intestate succession law specifics in each state, can significantly impact family dynamics. Here are some key points to consider:</p>
  1009.  
  1010.  
  1011.  
  1012. <ul class="wp-block-list">
  1013. <li>In states that fully recognize domestic partnerships, a registered domestic partner inherits the same as a married surviving spouse.</li>
  1014.  
  1015.  
  1016.  
  1017. <li>However, even in cases of estrangement, intestate succession laws can lead to a surviving spouse inheriting the entire estate if there are no children.</li>
  1018.  
  1019.  
  1020.  
  1021. <li>In community property states, the surviving spouse may inherit a portion of the estate.</li>
  1022. </ul>
  1023.  
  1024.  
  1025.  
  1026. <p>These laws can have complex implications, so it’s important to consult with a legal professional to understand how they apply to your specific situation.</p>
  1027.  
  1028.  
  1029.  
  1030. <p>Intestate succession laws incorporate ‘right of representation,’ allowing children or grandchildren to inherit in place of a deceased heir. However, the rules of intestate succession consider various groups differently, including adopted children, stepchildren, and children born through artificial insemination. If someone dies without a will and has no spouse, the children, including those who may be estranged, will receive the estate. Estrangement does not affect the legal right of an estranged spouse or child to inherit from the deceased person’s estate under intestate succession.</p>
  1031.  
  1032.  
  1033.  
  1034. <h3 class="wp-block-heading">Spouses and Children</h3>
  1035.  
  1036.  
  1037.  
  1038. <p>Surviving spouses and children are usually the first in line to inherit under intestate succession laws. These laws typically grant the first priority of asset distribution to the surviving spouse, followed by the children and other close relatives. A surviving spouse is defined as the individual who was legally married to the deceased person at the time of death. Furthermore, registered domestic partners inherit the same as a married surviving spouse in states that recognize such partnerships.</p>
  1039.  
  1040.  
  1041.  
  1042. <h3 class="wp-block-heading">Other Relatives and Unmarried Partners</h3>
  1043.  
  1044.  
  1045.  
  1046. <p>Intestate succession laws generally do not provide inheritance rights to unmarried partners, friends, and charities, as they prioritize legal marriages and blood relationships. However, common-law spouses may inherit if they can prove their common-law relationship in states that acknowledge it, and registered domestic partners can inherit similarly to married spouses in states that recognize domestic partnerships.</p>
  1047.  
  1048.  
  1049.  
  1050. <p>Yet, without a will or legal adoption, stepchildren are generally not recognized as heirs under state intestacy laws.</p>
  1051.  
  1052.  
  1053.  
  1054. <h2 class="wp-block-heading">Estate Planning Solutions for Avoiding Intestacy</h2>
  1055.  
  1056.  
  1057.  
  1058. <figure class="wp-block-image"><img decoding="async" src="https://images.surferseo.art/0f1368e4-73f3-455d-aafd-40e2597ea1ea.jpeg" alt="Individual drafting a will"/></figure>
  1059.  
  1060.  
  1061.  
  1062. <p>To avoid the challenges of intestacy, it’s essential to engage in estate planning. Estate planning solutions, such as drafting a will and establishing trusts, can help prevent intestacy and ensure personal wishes are fulfilled regarding asset distribution.</p>
  1063.  
  1064.  
  1065.  
  1066. <p>Drafting a will allows individuals to determine the distribution of their assets post-mortem, including naming guardians for minor children. It is essential to regularly review and update a will to reflect changes such as marriage, divorce, birth of children, or a significant shift in financial status, ensuring the document accurately represents current wishes.</p>
  1067.  
  1068.  
  1069.  
  1070. <h3 class="wp-block-heading">Drafting a Will</h3>
  1071.  
  1072.  
  1073.  
  1074. <p>Drafting a will is a critical part of estate planning. A will ensures personal wishes are fulfilled regarding asset distribution, such as who should inherit property or money, and appointing guardians for any minor children. However, adding someone to an account for assistance with management can inadvertently transform probate assets into non-probate ones, thus diverting them from the intended beneficiaries outlined in the will.</p>
  1075.  
  1076.  
  1077.  
  1078. <p>When property is held in joint tenancy with right of survivorship, it bypasses the will’s instructions and is transferred directly to the surviving joint tenant, which may not align with the decedent’s desired asset distribution. To ensure assets are distributed according to the will, it is advisable to:</p>
  1079.  
  1080.  
  1081.  
  1082. <ul class="wp-block-list">
  1083. <li>Create agency accounts, which permit manageability without affecting their classification as probate assets.</li>
  1084.  
  1085.  
  1086.  
  1087. <li>Detail the payment sources for any debts and estate taxes in the will.</li>
  1088.  
  1089.  
  1090.  
  1091. <li>Appoint an executor to administer the estate.</li>
  1092. </ul>
  1093.  
  1094.  
  1095.  
  1096. <h3 class="wp-block-heading">Establishing Trusts</h3>
  1097.  
  1098.  
  1099.  
  1100. <p>Establishing a trust is another effective solution to avoid intestacy. Trusts can be used to:</p>
  1101.  
  1102.  
  1103.  
  1104. <ul class="wp-block-list">
  1105. <li>Protect and preserve assets</li>
  1106.  
  1107.  
  1108.  
  1109. <li>Offer a secure way to manage an estate for both current needs and future generations</li>
  1110.  
  1111.  
  1112.  
  1113. <li>Allow for customization and control over the distribution of wealth</li>
  1114.  
  1115.  
  1116.  
  1117. <li>Enable individuals to dictate the terms of asset transfer</li>
  1118. </ul>
  1119.  
  1120.  
  1121.  
  1122. <p>Trusts can help minimize federal or state taxes, providing a tax-efficient way to transfer wealth to beneficiaries. For instance, if a life insurance policyholder designates a minor as a beneficiary, a trust may be needed to manage the financial payout until the minor comes of age, avoiding unwanted outcomes such as a minor receiving proceeds outright at age 18.</p>
  1123.  
  1124.  
  1125.  
  1126. <h2 class="wp-block-heading">Legal Support from Ascent Law</h2>
  1127.  
  1128.  
  1129.  
  1130. <p>Planning your estate can be complex and overwhelming, which is why it’s helpful to have experienced legal support. Ascent Law, an estate planning attorney, specializes in providing legal services for estate planning, addressing the complexities involved in creating wills, trusts, and other estate documents. The firm is dedicated to ensuring that each client’s unique concerns are met with tailored legal solutions, emphasizing a client-centered approach.</p>
  1131.  
  1132.  
  1133.  
  1134. <h3 class="wp-block-heading">Ascent Law&#8217;s Services</h3>
  1135.  
  1136.  
  1137.  
  1138. <p><a href="https://ascentlawfirm.com/84097-attorneys/" title="">Ascent Law</a> provides a full spectrum of estate planning services, including:</p>
  1139.  
  1140.  
  1141.  
  1142. <ul class="wp-block-list">
  1143. <li>Drafting wills and trusts</li>
  1144.  
  1145.  
  1146.  
  1147. <li>Creating powers of attorney and advance healthcare directives</li>
  1148.  
  1149.  
  1150.  
  1151. <li>Assisting with probate and estate administration</li>
  1152.  
  1153.  
  1154.  
  1155. <li>Establishing guardianships and conservatorships</li>
  1156.  
  1157.  
  1158.  
  1159. <li>Planning for business succession</li>
  1160. </ul>
  1161.  
  1162.  
  1163.  
  1164. <p>With over two decades of experience, <a href="https://ascentlawfirm.com/84097-attorneys/" title="">Ascent Law</a> offers a wide range of legal services, highlighting their commitment to addressing client concerns in estate planning and probate matters.</p>
  1165.  
  1166.  
  1167.  
  1168. <p>The firm guides personal representatives through responsibilities such as inventorying assets, paying taxes, and distributing property. They assist with the probate proceedings necessary for the orderly transfer of property in the individual’s name at the time of death. For small estates under Utah law, Ascent Law facilitates title transfer using Small Estate Affidavits to bypass probate. They also offer support in resolving disputes between beneficiaries and personal representatives during estate management.</p>
  1169.  
  1170.  
  1171.  
  1172. <h3 class="wp-block-heading">Client-Centered Approach</h3>
  1173.  
  1174.  
  1175.  
  1176. <p>Ascent Law ensures a personalized approach to legal services, promoting clear communication and understanding with clients. The firm is known for providing extensive support, ensuring clients are well-informed and assisting across varying legal challenges while addressing client-specific concerns.</p>
  1177.  
  1178.  
  1179.  
  1180. <p>The firm is dedicated to relieving client stress by adeptly handling the legal intricacies involved with the distribution of a deceased’s assets. Professionalism and heartfelt support during challenging times are among the positive feedback Ascent Law receives from clients.</p>
  1181.  
  1182.  
  1183.  
  1184. <h2 class="wp-block-heading">Summary</h2>
  1185.  
  1186.  
  1187.  
  1188. <p>To recap, dying without a will or dying intestate can have serious implications on how a deceased person’s assets are distributed. It can lead to family disputes, uncertainty for loved ones, and the possibility of unintended beneficiaries receiving the estate. However, with effective estate planning, including drafting a will and establishing trusts, individuals can ensure their assets are distributed according to their personal wishes.</p>
  1189.  
  1190.  
  1191.  
  1192. <p>The importance of having a valid will and undertaking estate planning cannot be overstated. It allows you to control the distribution of your assets, take care of your loved ones, and leave a lasting legacy. By taking steps now, you can provide peace of mind for yourself and your family, knowing that your final wishes will be honored.</p>
  1193.  
  1194.  
  1195.  
  1196. <h2 class="wp-block-heading">Frequently Asked Questions</h2>
  1197.  
  1198.  
  1199.  
  1200. <h3 class="wp-block-heading">What are the disadvantages of dying without a will?</h3>
  1201.  
  1202.  
  1203.  
  1204. <p>Dying without a will can lead to the distribution of assets according to state laws, leaving loved ones with unexpected tax bills and potential conflicts among heirs. It can also result in the need for court administration to unlock certain assets, complicating the process for the family.</p>
  1205.  
  1206.  
  1207.  
  1208. <h3 class="wp-block-heading">Why people don t have a will?</h3>
  1209.  
  1210.  
  1211.  
  1212. <p>Many people don&#8217;t have a will because they either don&#8217;t think they have enough assets, are unsure how to create one, want their next of kin to automatically receive everything, or believe they are too young to have one. Ultimately, some just don&#8217;t want to have a will.</p>
  1213.  
  1214.  
  1215.  
  1216. <h3 class="wp-block-heading">What happens if you die and have no family?</h3>
  1217.  
  1218.  
  1219.  
  1220. <p>In the event of no family, the county may provide a burial in a cemetery, often referred to as a &#8220;potter&#8217;s field.&#8221; In the absence of relatives, the estate may go to the state.</p>
  1221.  
  1222.  
  1223.  
  1224. <h3 class="wp-block-heading">What percentage of Americans die without a will?</h3>
  1225.  
  1226.  
  1227.  
  1228. <p>Roughly 68 percent of Americans pass away without a valid will, indicating a widespread lack of estate planning and legacy preparation. This underscores the importance of creating a will to ensure one&#8217;s wishes are carried out.</p>
  1229.  
  1230.  
  1231.  
  1232. <h3 class="wp-block-heading">What does it mean to die intestate?</h3>
  1233.  
  1234.  
  1235.  
  1236. <p>Dying intestate means passing away without a legal will, resulting in the state&#8217;s intestacy laws determining asset distribution.</p>The post <a href="https://ascentlawfirm.com/what-happens-if-you-die-without-a-will/">What Happens If You Die Without A Will?</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  1240. </item>
  1241. <item>
  1242. <title>Working with a Personal Injury Attorney in Utah: What You Need to Know</title>
  1243. <link>https://ascentlawfirm.com/working-with-a-personal-injury-attorney-in-utah/</link>
  1244. <comments>https://ascentlawfirm.com/working-with-a-personal-injury-attorney-in-utah/#respond</comments>
  1246. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  1247. <pubDate>Wed, 08 Nov 2023 16:50:54 +0000</pubDate>
  1248. <category><![CDATA[Personal Injury Law]]></category>
  1249. <guid isPermaLink="false">https://ascentlawfirm.com/?p=5195134</guid>
  1250.  
  1251. <description><![CDATA[<p>Imagine driving home from work on a normal day when suddenly, another driver runs a red light and collides with your vehicle, leaving you injured and facing a mountain of&#8230;</p>
  1252. The post <a href="https://ascentlawfirm.com/working-with-a-personal-injury-attorney-in-utah/">Working with a Personal Injury Attorney in Utah: What You Need to Know</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  1253. <content:encoded><![CDATA[<p>Imagine driving home from work on a normal day when suddenly, another driver runs a red light and collides with your vehicle, leaving you injured and facing a mountain of medical bills. In such a situation, hiring a personal injury attorney in Utah becomes essential. This blog post will guide you through the importance of hiring a <a href="https://ascentlawfirm.com/trusted-personal-injury-lawyers-utah/" title="">personal injury attorney</a>, the different types of personal injury cases, the legal process in Utah, how to choose the right attorney for your case, and the costs involved. Let’s dive in and explore the world of personal injury law in Utah!</p>
  1254.  
  1255.  
  1256.  
  1257. <h2 class="wp-block-heading"><strong>Key Takeaways</strong></h2>
  1258.  
  1259.  
  1260.  
  1261. <ul class="wp-block-list">
  1262. <li>Personal injury attorneys assess, build and negotiate a strong case to ensure fair compensation for clients.</li>
  1263.  
  1264.  
  1265.  
  1266. <li>The cost of hiring an attorney can vary depending on the payment structure chosen. Contingency fee basis, hourly rates or flat fees may be available.</li>
  1267.  
  1268.  
  1269.  
  1270. <li>When selecting an attorney, consider their qualifications, communication style and client reviews to make sure they are best suited for your case.</li>
  1271. </ul>
  1272.  
  1273.  
  1274.  
  1275. <h2 class="wp-block-heading"><strong>The Role of a Personal Injury Attorney</strong></h2>
  1276.  
  1277.  
  1278.  
  1279. <figure class="wp-block-image"><img decoding="async" src="https://lh7-us.googleusercontent.com/lKFVp_irDaMmuBPgtexQoVApR_uT7b9rkwMg9MmRkMmkZV1TNX1WcgF9gdzbrSGstp1A1ZaPG09FhhMCUs5qzow4_lcZevPG_iIze9rSOvvrFFxC-rh2BMepOZXVykoFRTks6rk-AOnT92Yhs9Kce_Q" alt="A personal injury lawyer discussing a personal injury case with a client"/></figure>
  1280.  
  1281.  
  1282.  
  1283. <p>Navigating the often-complicated world of personal injury law can be overwhelming, especially when you’re dealing with the aftermath of an accident or injury. That’s where an experienced personal injury attorney comes in. They are responsible for:</p>
  1284.  
  1285.  
  1286.  
  1287. <ul class="wp-block-list">
  1288. <li>Assessing your case</li>
  1289.  
  1290.  
  1291.  
  1292. <li>Building a strong case</li>
  1293.  
  1294.  
  1295.  
  1296. <li>Negotiating with insurance companies to ensure you receive fair compensation for your personal injury claims.</li>
  1297. </ul>
  1298.  
  1299.  
  1300.  
  1301. <p>Employing a Utah personal injury lawyer furnishes numerous advantages. They can evaluate your situation, construct a compelling case, and negotiate with insurance firms to secure a just recompense for your injuries. Whether you’ve been bitten by a dog, lost a loved one due to someone else’s negligence, or faced an auto accident, a personal injury attorney is essential in ensuring justice and compensation for your losses.</p>
  1302.  
  1303.  
  1304.  
  1305. <h3 class="wp-block-heading"><strong>Assessing Your Case</strong></h3>
  1306.  
  1307.  
  1308.  
  1309. <p>A significant part of a personal injury lawyer’s job involves analyzing your case. This includes scrutinizing the incident’s details, determining liability, and estimating potential compensation you might be eligible for. Your attorney will require medical records, medical bills, and other relevant information to thoroughly evaluate your case and determine the best course of action.</p>
  1310.  
  1311.  
  1312.  
  1313. <p>If the insurance company refuses to pay your claim, your personal injury attorney can provide assistance with your petition for benefits, represent you at any necessary hearings, and help you secure any lump sum settlements to which you are eligible. Proper assessment of your case is crucial in maximizing your compensation and ensuring a successful claim.</p>
  1314.  
  1315.  
  1316.  
  1317. <h3 class="wp-block-heading"><strong>Building a Strong Case</strong></h3>
  1318.  
  1319.  
  1320.  
  1321. <p>After evaluating your case, your personal injury attorney will concentrate on constructing a compelling case for you. This involves gathering evidence, consulting with experts, and developing a legal strategy to prove negligence and causation.</p>
  1322.  
  1323.  
  1324.  
  1325. <p>Collecting evidence is crucial, as it helps establish liability and strengthens your case. This may include photographs of the accident scene, witness statements, and any relevant documents. By constructing a solid case, your attorney increases the likelihood of a successful claim, ensuring that you receive the compensation you deserve to cover your medical bills, lost wages, and other damages.</p>
  1326.  
  1327.  
  1328.  
  1329. <h3 class="wp-block-heading"><strong>Negotiating with Insurance Companies</strong></h3>
  1330.  
  1331.  
  1332.  
  1333. <p>One of the most challenging aspects of personal injury cases is negotiating with insurance companies. They often prioritize their own interests and may try to minimize the compensation you receive. Here, an adept personal injury lawyer from personal injury law firms can bring significant value.</p>
  1334.  
  1335.  
  1336.  
  1337. <p>Your attorney will advocate for your best interests, ensuring you receive the maximum compensation possible for your injuries and losses. They will handle all communications with the insurance company, present an offer, and engage in informal negotiations, which may result in a settlement. If the insurance company presents a lowball counteroffer or fails to respond, your attorney may be prepared to take the case to trial.</p>
  1338.  
  1339.  
  1340.  
  1341. <h2 class="wp-block-heading"><strong>Common Types of Personal Injury Cases in Utah</strong></h2>
  1342.  
  1343.  
  1344.  
  1345. <figure class="wp-block-image"><img decoding="async" src="https://lh7-us.googleusercontent.com/BWwdVKIWG7dQsa_HNiF8YQ9IUzGT8umwimPsV2at43yG0kBsSAxz4HduIWlLnWmXHPr3ub9U9IG8qrBWX1v4lws1lx4kB6MB0iPHlBCGMvhwGAaM0FukKiKl2AbccPrlvDURRl1WmIvU9p9fwyZSlpU" alt="A car accident scene with a personal injury lawyer assessing the situation"/></figure>
  1346.  
  1347.  
  1348.  
  1349. <p>In Utah, prevalent personal injury cases encompass car accidents, slip-and-fall events, and medical malpractice, all potentially leading to severe injuries or even death. Each type of case presents its unique challenges, and hiring Utah personal injury lawyers with experience practicing personal injury law is crucial in navigating the complexities of the legal system and ensuring the best possible outcome for your case.</p>
  1350.  
  1351.  
  1352.  
  1353. <h3 class="wp-block-heading"><strong>Car Accidents</strong></h3>
  1354.  
  1355.  
  1356.  
  1357. <p>Car accidents can be attributed to multiple causes such as driver negligence, faulty car components, or hazardous road conditions. These accidents can result in a range of injuries, from minor lacerations to severe head and spinal trauma. When faced with such a situation, it’s essential to have a skilled personal injury attorney by your side.</p>
  1358.  
  1359.  
  1360.  
  1361. <p>A personal injury attorney at a <a href="https://ascentlawfirm.com/personal-injury-attorney/" title="">personal injury law firm </a>can help you seek compensation for your injuries, medical bills, lost wages, and more. Personal injury lawyers will evaluate your personal injury case, determine liability, and develop a legal strategy to prove negligence and causation. With their expertise and guidance, you can focus on your recovery while they handle the legal complexities of your personal injury lawsuit.</p>
  1362.  
  1363.  
  1364.  
  1365. <h3 class="wp-block-heading"><strong>Slip-and-Fall Incidents</strong></h3>
  1366.  
  1367.  
  1368.  
  1369. <p>Slip-and-fall incidents might happen due to property owner negligence, like poor maintenance or dangerous conditions. These accidents can result in a range of personal injuries, from minor bruises to severe fractures and head injuries. In such cases, it’s crucial to consult an experienced personal injury attorney to help you seek compensation for your injuries and losses.</p>
  1370.  
  1371.  
  1372.  
  1373. <p>Your attorney will:</p>
  1374.  
  1375.  
  1376.  
  1377. <ul class="wp-block-list">
  1378. <li>Evaluate your case</li>
  1379.  
  1380.  
  1381.  
  1382. <li>Determine liability</li>
  1383.  
  1384.  
  1385.  
  1386. <li>Develop a legal strategy to prove negligence and causation</li>
  1387.  
  1388.  
  1389.  
  1390. <li>Gather evidence</li>
  1391.  
  1392.  
  1393.  
  1394. <li>Consult with experts</li>
  1395.  
  1396.  
  1397.  
  1398. <li>Work tirelessly to ensure you receive the compensation you deserve</li>
  1399. </ul>
  1400.  
  1401.  
  1402.  
  1403. <p>With their help, you can focus on your recovery while they navigate the complexities of the legal system on your behalf.</p>
  1404.  
  1405.  
  1406.  
  1407. <h3 class="wp-block-heading"><strong>Medical Malpractice</strong></h3>
  1408.  
  1409.  
  1410.  
  1411. <p>Medical malpractice cases concern injuries resulting from healthcare professionals’ negligence, including misdiagnosis, surgical errors, or medication blunders. These cases can be incredibly complex, as they often involve intricate medical knowledge and may require expert testimony to prove negligence and causation.</p>
  1412.  
  1413.  
  1414.  
  1415. <p>A personal injury attorney with experience in medical malpractice cases can be invaluable in helping you navigate the complex legal process and seek compensation for your injuries. They will gather evidence, consult with medical experts, and develop a legal strategy to prove negligence and causation. With their guidance, you can focus on your recovery while they work tirelessly to ensure the best possible outcome for your case.</p>
  1416.  
  1417.  
  1418.  
  1419. <h2 class="wp-block-heading"><strong>The Legal Process for Personal Injury Cases in Utah</strong></h2>
  1420.  
  1421.  
  1422.  
  1423. <figure class="wp-block-image"><img decoding="async" src="https://lh7-us.googleusercontent.com/3kP3KgIiBEtLP1E-eLwntXACYBi9mosG0a52c3oMcVryqeKCqONDrw5WboSmMUf8fKe8Z25aUKzmquhhhNE3CQgi_h6EMAFgMZxQB9GBs9DfxuZQBBaE-yTAqap98oHTC8ukhlgYu_B16DSW0unYUIg" alt="A personal injury lawyer filing a lawsuit in a court of law"/></figure>
  1424.  
  1425.  
  1426.  
  1427. <p>The legal procedure for personal injury cases in Utah can be intricate, comprising multiple stages like filing a lawsuit, participating in the discovery phase, and reaching a settlement or proceeding to trial. Understanding the legal process in Utah is essential for ensuring the best possible outcome for your case.</p>
  1428.  
  1429.  
  1430.  
  1431. <p>By hiring an experienced personal injury attorney, you can:</p>
  1432.  
  1433.  
  1434.  
  1435. <ul class="wp-block-list">
  1436. <li>Alleviate the stress and confusion associated with the legal process</li>
  1437.  
  1438.  
  1439.  
  1440. <li>Focus on your recovery while they handle the intricacies of your case</li>
  1441.  
  1442.  
  1443.  
  1444. <li>Have someone who will guide you through each step of the process</li>
  1445.  
  1446.  
  1447.  
  1448. <li>Ensure that your rights are protected</li>
  1449.  
  1450.  
  1451.  
  1452. <li>Receive the compensation you deserve</li>
  1453. </ul>
  1454.  
  1455.  
  1456.  
  1457. <h3 class="wp-block-heading"><strong>Filing a Lawsuit</strong></h3>
  1458.  
  1459.  
  1460.  
  1461. <p>Initiating a lawsuit marks the first stage in the legal procedure for personal injury cases in Utah. This involves submitting a formal complaint to the court, outlining the details of the case and the damages being sought. Your attorney will draft and file the complaint on your behalf, ensuring that all necessary information is included and that the lawsuit is filed within the statute of limitations.</p>
  1462.  
  1463.  
  1464.  
  1465. <p>Once the complaint has been filed, the other party will be served with a copy, allowing them the opportunity to respond. This initiates the legal process, and your attorney will continue to represent your best interests throughout the entirety of the case, working tirelessly to ensure you receive the compensation you deserve.</p>
  1466.  
  1467.  
  1468.  
  1469. <h3 class="wp-block-heading"><strong>Discovery Phase</strong></h3>
  1470.  
  1471.  
  1472.  
  1473. <p>The discovery phase serves as a pivotal part of the litigation process, enabling both parties to collect evidence, interview witnesses, and construct their individual cases. During this phase, your attorney will request documents, take depositions, and prepare written questions (interrogatories) for the other party to answer.</p>
  1474.  
  1475.  
  1476.  
  1477. <p>This phase is essential for building a strong case, as it allows your attorney to gather crucial evidence and information that will be used in negotiations and potentially at trial. With their expertise in personal injury law, your attorney will ensure that all relevant evidence is collected and analyzed, greatly increasing the chances of a successful claim.</p>
  1478.  
  1479.  
  1480.  
  1481. <h3 class="wp-block-heading"><strong>Settlement or Trial</strong></h3>
  1482.  
  1483.  
  1484.  
  1485. <p>After completing the discovery phase, the ensuing stage in the legal procedure involves either settlement negotiations or trial. Your attorney will advocate for your best interests, attempting to reach a fair settlement with the insurance company or the other party. If a settlement cannot be reached, your case will proceed to trial, where your attorney will:</p>
  1486.  
  1487.  
  1488.  
  1489. <ul class="wp-block-list">
  1490. <li>Present evidence</li>
  1491.  
  1492.  
  1493.  
  1494. <li>Make arguments</li>
  1495.  
  1496.  
  1497.  
  1498. <li>Call witnesses</li>
  1499.  
  1500.  
  1501.  
  1502. <li>Cross-examine opposing witnesses</li>
  1503. </ul>
  1504.  
  1505.  
  1506.  
  1507. <p>All of this will be done before a judge or jury, who will ultimately make a decision on the case.</p>
  1508.  
  1509.  
  1510.  
  1511. <p>Whether your case is resolved through settlement or trial, your experienced personal injury lawyer will work tirelessly to ensure you receive the maximum compensation possible for your injuries and losses. With their guidance and representation, you can rest assured that your case is in capable hands.</p>
  1512.  
  1513.  
  1514.  
  1515. <h2 class="wp-block-heading"><strong>How to Choose the Right Personal Injury Attorney for Your Case</strong></h2>
  1516.  
  1517.  
  1518.  
  1519. <p>Selecting the appropriate personal injury attorney for your case requires consideration of various elements such as their qualifications and experience, communication and accessibility, and client testimonials and reviews. By carefully evaluating each of these factors, you can make an informed decision on which attorney is best suited to represent you and help you achieve the best possible outcome for your case.</p>
  1520.  
  1521.  
  1522.  
  1523. <h3 class="wp-block-heading"><strong>Credentials and Experience</strong></h3>
  1524.  
  1525.  
  1526.  
  1527. <p>The qualifications and experience of a personal injury attorney stand as vital considerations when choosing the appropriate legal representation for your case. Your attorney should:</p>
  1528.  
  1529.  
  1530.  
  1531. <ul class="wp-block-list">
  1532. <li>Be licensed to practice law in your state</li>
  1533.  
  1534.  
  1535.  
  1536. <li>Have experience in personal injury law</li>
  1537.  
  1538.  
  1539.  
  1540. <li>Be familiar with the court system in your area</li>
  1541.  
  1542.  
  1543.  
  1544. <li>Have a proven track record of success in handling cases similar to yours</li>
  1545. </ul>
  1546.  
  1547.  
  1548.  
  1549. <p>By choosing experienced personal injury attorneys with the necessary credentials, you can have confidence in their ability to handle your case and provide the highest quality legal representation. This can greatly increase your chances of:</p>
  1550.  
  1551.  
  1552.  
  1553. <ul class="wp-block-list">
  1554. <li>receiving the compensation you deserve</li>
  1555.  
  1556.  
  1557.  
  1558. <li>navigating the complex legal process</li>
  1559.  
  1560.  
  1561.  
  1562. <li>negotiating with insurance companies</li>
  1563.  
  1564.  
  1565.  
  1566. <li>gathering evidence to support your claim</li>
  1567.  
  1568.  
  1569.  
  1570. <li>advocating for your rights and best interests</li>
  1571. </ul>
  1572.  
  1573.  
  1574.  
  1575. <h3 class="wp-block-heading"><strong>Communication and Accessibility</strong></h3>
  1576.  
  1577.  
  1578.  
  1579. <p>Consideration of communication and accessibility is crucial when choosing a personal injury attorney, as these elements significantly contribute to building a robust attorney-client relationship and keeping you informed throughout the legal process. Your attorney should be readily available to answer any questions you may have and provide prompt updates on the status of your case.</p>
  1580.  
  1581.  
  1582.  
  1583. <p>By selecting an attorney from a reputable law firm who prioritizes communication and accessibility, you can foster trust and confidence in their ability to represent your best interests and make informed decisions regarding your legal options.</p>
  1584.  
  1585.  
  1586.  
  1587. <h3 class="wp-block-heading"><strong>Client Testimonials and Reviews</strong></h3>
  1588.  
  1589.  
  1590.  
  1591. <p>Client testimonials and reviews can offer insightful perspective into an attorney’s performance history and the experiences of their former clients. When reviewing testimonials and reviews, it’s important to consider the details provided, such as the attorney’s communication and accessibility, as well as their ability to handle the case.</p>
  1592.  
  1593.  
  1594.  
  1595. <p>By taking the time to thoroughly research and evaluate client testimonials and reviews, you can make a more informed decision when selecting a personal injury attorney for your case. This can greatly improve your chances of achieving a successful outcome and receiving the compensation to which you are entitled.</p>
  1596.  
  1597.  
  1598.  
  1599. <h2 class="wp-block-heading"><strong>The Cost of Hiring a Personal Injury Attorney in Utah</strong></h2>
  1600.  
  1601.  
  1602.  
  1603. <p>The expense of employing a personal injury attorney in Utah can differ, with payment options like contingency fee basis, hourly rates, and flat fees being available. Understanding the different payment structures and selecting the most suitable option for your case is crucial to ensuring you receive the best possible legal representation while managing the financial aspects of your personal injury claim.</p>
  1604.  
  1605.  
  1606.  
  1607. <h3 class="wp-block-heading"><strong>Contingency Fee Basis</strong></h3>
  1608.  
  1609.  
  1610.  
  1611. <p>Under a contingency fee basis, the attorney is compensated only if they attain compensation for the client, taking a portion of the awarded sum. This payment structure can be advantageous, as it allows clients to pursue legal action without incurring any initial costs, making it more accessible for those who may lack the financial resources to pay for legal services.</p>
  1612.  
  1613.  
  1614.  
  1615. <p>However, there are potential drawbacks to the contingency fee basis, such as the attorney potentially being less incentivized to work on the case if they are not guaranteed payment, or taking a higher percentage of the awarded amount than if the client had opted for an hourly rate.</p>
  1616.  
  1617.  
  1618.  
  1619. <h3 class="wp-block-heading"><strong>Hourly Rates and Flat Fees</strong></h3>
  1620.  
  1621.  
  1622.  
  1623. <p>Hourly rates and flat fees represent alternative payment structures, whereby the attorney bills based on the time invested in your case or a fixed sum, irrespective of the result. Hourly rates for personal injury attorneys in Utah can range from $100 to $500 per hour, while flat fees can vary depending on the specifics of the case and its complexity.</p>
  1624.  
  1625.  
  1626.  
  1627. <p>When considering hourly rates or flat fees, it’s important to weigh the potential benefits and drawbacks of each payment structure and choose the one that best fits your financial situation and the specifics of your case.</p>
  1628.  
  1629.  
  1630.  
  1631. <h2 class="wp-block-heading"><strong>Summary</strong></h2>
  1632.  
  1633.  
  1634.  
  1635. <p>In conclusion, navigating the complexities of personal injury law in Utah can be a daunting task, but with the guidance of an experienced personal injury attorney, you can confidently pursue the compensation you deserve. By considering factors such as credentials and experience, communication and accessibility, and client testimonials and reviews, you can make an informed decision on the right attorney for your case. With the right legal representation by your side, you can focus on your recovery while your attorney works tirelessly to ensure a successful outcome for your personal injury claim.</p>
  1636.  
  1637.  
  1638.  
  1639. <h2 class="wp-block-heading"><strong>Frequently Asked Questions</strong></h2>
  1640.  
  1641.  
  1642.  
  1643. <h3 class="wp-block-heading"><strong>What is the difference between personal injury and bodily injury?</strong></h3>
  1644.  
  1645.  
  1646.  
  1647. <p>Personal injury is a legal claim of harm to an individual caused by another person&#8217;s negligence or misconduct, whereas bodily injury refers to physical harm to the body.</p>
  1648.  
  1649.  
  1650.  
  1651. <h3 class="wp-block-heading"><strong>What is the meaning of personal injury?</strong></h3>
  1652.  
  1653.  
  1654.  
  1655. <p>Personal injury refers to physical, mental or property damage caused by another party&#8217;s negligence, allowing you to file a lawsuit for compensation.</p>
  1656.  
  1657.  
  1658.  
  1659. <h3 class="wp-block-heading"><strong>What is the largest injury law firm in the United States?</strong></h3>
  1660.  
  1661.  
  1662.  
  1663. <p>Morgan &amp; Morgan Lawyers is America&#8217;s Largest Personal Injury Law Firm.</p>
  1664.  
  1665.  
  1666.  
  1667. <h3 class="wp-block-heading"><strong>What types of personal injury cases are most common in Utah?</strong></h3>
  1668.  
  1669.  
  1670.  
  1671. <p>In Utah, the most common personal injury cases involve car accidents, slip-and-fall incidents, and medical malpractice. These types of claims can lead to severe harm or even death.</p>
  1672.  
  1673.  
  1674.  
  1675. <h3 class="wp-block-heading"><strong>What are the benefits of hiring a personal injury attorney?</strong></h3>
  1676.  
  1677.  
  1678.  
  1679. <p>Hiring a <a href="https://ascentlawfirm.com/personal-injury-attorneys-in-west-jordan-utah/" title="">personal injury attorney</a> can provide you with the benefits of assessing your case, building a strong case, and negotiating with insurance companies to ensure you get fair compensation.</p>The post <a href="https://ascentlawfirm.com/working-with-a-personal-injury-attorney-in-utah/">Working with a Personal Injury Attorney in Utah: What You Need to Know</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  1681. <wfw:commentRss>https://ascentlawfirm.com/working-with-a-personal-injury-attorney-in-utah/feed/</wfw:commentRss>
  1682. <slash:comments>0</slash:comments>
  1685. </item>
  1686. <item>
  1687. <title>Are Divorce Records Public in Utah?</title>
  1688. <link>https://ascentlawfirm.com/are-divorce-records-public-in-utah/</link>
  1690. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  1691. <pubDate>Mon, 07 Aug 2023 16:37:31 +0000</pubDate>
  1692. <category><![CDATA[Divorce Law]]></category>
  1693. <category><![CDATA[General]]></category>
  1694. <category><![CDATA[Show Divorce Book]]></category>
  1695. <guid isPermaLink="false">https://ascentlawfirm.com/?p=113829</guid>
  1696.  
  1697. <description><![CDATA[<p>Utah residents may question the public accessibility of their divorce records. Before diving into the specifics of Utah, let&#8217;s briefly touch upon the general landscape of divorce records. You can&#8230;</p>
  1698. The post <a href="https://ascentlawfirm.com/are-divorce-records-public-in-utah/">Are Divorce Records Public in Utah?</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  1699. <content:encoded><![CDATA[<p data-pm-slice="1 1 []">Utah residents may question the public accessibility of their divorce records. Before diving into the specifics of Utah, let&#8217;s briefly touch upon the general landscape of divorce records.</p>
  1700. <p><img decoding="async" src="https://ascentlawfirm.com/wp-content/uploads/2019/06/Are-Divorce-Records-Public-In-Utah.jpg" alt="Are Divorce Records Public In Utah" /></p>
  1701. <p>You can start with the <strong>Utah Territorial Divorce Records 1852-1859.</strong> Researchers need to know an approximate date or time frame in which divorce took place as well as where the partners were living when the divorce occurred. This will enable them to find territorial divorce records. Very few of these marriage records are name-indexed.</p>
  1702. <p>Due to this, researchers may find their work of researching taking a lot of time if they lack this information. Between 1852 and 1887, two separate courts had simultaneous power over divorce proceedings, the county Probate Court for each individual county and District Court which covered multiple counties.</p>
  1703. <p>Individuals seeking a <a href="https://ascentlawfirm.com/divorce-in-utah/" target="_blank" rel="noopener noreferrer">divorce in Utah</a> between 1852 and 1878 had the legal liberty to file the case anywhere within the region since there were no laws specifying your residence. Majority of the people from Utah filed their cases within the area that is in their county probate court or area district court.</p>
  1704. <p>The good thing is that there were no requirements while filing their cases. A residency requirement process was initiated in 1878 whereby there were specifications about the location. This was to affect divorce cases from June 1878. Persons filing for divorce had to file in the County Probate Court which occurred through 1878 or the District Court with dominion over their place of residence.</p>
  1705. <p>In 1887, the Probate Courts’ power over divorce cases were removed by the Federal government and so all divorces were filed in the District Court only between 1887 and 1896. District courts had power over several counties. Very few records which have territorial divorce proceedings are name-indexed. Actually not all of them have survived.</p>
  1706. <p>Consult multiple series for the same agency when researching Utah divorces: while case files series generally provide the largest amount of information about divorce proceedings, occasionally files do not survive when minute book entries or private records do or vice-versa. Also different court record types document different aspects of the case.</p>
  1707. <h2>Utah Divorce Records, 1896- Present</h2>
  1708. <p>Divorces must be filed in the county in which at least one of the parties reside at the time the objection petition is filed. Utah divorce records filed since 1896 in many District Courts are still accessed directly through those district courts, though some have made arrangements to store records older than 50 years with the State Archives.</p>
  1709. <h2>Are Divorce Records Public in Utah?</h2>
  1710. <p>Yes and No. The Utah State Legislature has made privatized divorce records. This means that if you, as a citizen off the street, takes a stroll down into the Matheson Courthouse down at 450 South State Street, Salt Lake City, Utah and walk into the court clerk judge&#8217;s office and ask for divorce filings, he or she would certainly not agree.</p>
  1711. <p>This is to mean that divorce records are private documents. If you have been divorced for a number of years in Utah, there is a set of data in which you can search or even ask the court clerk to find it for you in the database. In addition to this, it is possible to search and see if someone has documented a divorce or if there is any ruling regarding divorce that has been entered.</p>
  1712. <p>It is good to confirm the divorce decrees especially if you are dating a person claiming to be a divorcee. You will be able to see if he or she has divorce records or if they are not being honest with you. This will save you a lot of future trouble in your relationship or marriage especially if the person is lying to you about his or her own divorce decree.</p>
  1713. <p>You will be able to make a good decision with all the facts at hand. There is an added advantage to an attorney or guardian ad litem since they can access since they can access court documentations by filing a ‘Notice of Appearance’ or ‘Appearance of Counsel’. Notice of Appearance is a document from an attorney or parties to show the court your involvement in the case.<br />
  1714. If you represent one of the parties in court then through the Notice of Appearance you should be allowed to see the information in the court docket which contains both decided and pending cases. It may also contain all pleadings. In addition to that, if the case is yours meaning that you are the one seeking the divorce or the Respondent, you are entitled to see the original court record on file since the case is yours.</p>
  1715. <p>Parents, siblings, grandparents or grandchildren may also place a request. Only them can be allowed to make such requests. In Utah, divorce and custody papers are concealed.</p>
  1716. <p>However, the digital era has made it possible to access information online. The information can be obtained in certain websites. You can obtain the access if you have viable data concerning the city, county and state.</p>
  1717. <p>Divorce records database are maintained by many companies and allow users through the internet access their websites and contact them.</p>
  1718. <p>It is important to become a member of authenticated and secure website. Free information service is also available but is basic and does not provide enough information. It is good to choose the best website to get sufficient information.</p>
  1719. <h2>Records That Are Essential To The State of Utah</h2>
  1720. <p>All vital records in the state of Utah concerning the citizen&#8217;s’ most important life events are maintained in The Office of Vital Records. These crucial records may include: birth certificates, marriage certificates, licenses and death certificates. The records are usually assembled and stored in permanent central registry state entities. These records are used to compile data that is, developing statistical analysis of the population of Utah.</p>
  1721. <h3>Birth Records</h3>
  1722. <p>Birth records are contained in a birth certificate. They are usually written when a child is born. A birth certificate can either be the original document showing or confirming the birth or a photocopy of the original birth certificate which still has the information on birth.<br />
  1723. The birth records catalogs of the state of Utah are divided into these categories: early-1905 and late-1905. When it comes to early-1905 category, all records were collected from Utah church registers not forgetting the county records of essential statistics which provide the earliest evidence of birth.<br />
  1724. Majority of the clerks kept better records in the final years of the 1890s. The historical records from these times are kept and found at the Utah Family Library History and Utah State Archives. In the second category which is 1905- present day, records are kept and found at the Utah Office of Vital Records and Statistics.</p>
  1725. <h3>Death Records</h3>
  1726. <p>When a person dies records are also kept to show that he or she no longer exists. A death record has more or less of the information in the death certificate. Some states such as California have two categories through which death records are managed.<br />
  1727. These may include; County records and State records. Collected from Utah counties represents every record contained in the county records. These records contain microfilmed copies of the original records obtained from many counties to the Utah Bureau of Vital Records.<br />
  1728. When it comes to the second category, records are collected yearly at the Utah Department of Health.</p>
  1729. <h3>Marriage and Divorce Records in Utah</h3>
  1730. <p>The government of Utah issues a marriage or divorce record only after civil registration of the marriage or divorce occurs. The record is usually certified copy issued by a government official. Civil registration of marriage was not necessary or was not a requirement in Utah until 1887.<br />
  1731. This does not mean that there are no records of marriage prior to 1887. Some of them are in the justice of the peace or probate court records.<br />
  1732. These early marriages records were usually interfiled with other court matters. Most of these court records are now at either the county clerk’s office or the the Utah State Archives. The Family History Library has pre-1887 court records for a number of Utah counties. There were over two thousand divorces from 1847 to 1877.</p>
  1733. <p>If we take a look during the territorial period, the federal district courts had power over divorce cases from the year 1852 to 1895.<br />
  1734. The probate courts also had dominion from 1852 to 1887. After 1896, power over divorce was given to state district courts. Currently divorce child custody records are kept at the Utah State Department of Health. A law by the name the Utah Government Records Access and Management Act in 1991 was passed by the Utah State Legislature.</p>
  1735. <p>This law was enabled in 1997 and its aim is to ensure that court records and other public records are disclosed to the public. This law has been of assistance since any citizen can request to see all public records via mail from the assigned specialized offices within the set terms.</p>
  1736. <p>For years it has been reported that Utah has a higher than average divorce rate but census data shows that Utah’s men and women are least likely to be divorced. This is the reason why: Utahns get remarried faster and those second or third marriages seem to last.</p>
  1737. <p>Due to this, Utah has the fifth- lowest and percentage of divorced men, at 8.2 percent, and the fourth lowest percentage for women at 10.2. The factor that distinguishes Utah from other states is that its residents get married at an earlier age compared to residents of other states in the same nation. Due to that, Utah has slew of young divorced couples who have a higher probability to re-enter the dating world than a person whose marriage breaks later in life.</p>
  1738. <p>Age is a great determinant after divorce because it determines if you will be remarried or not. In addition to this, The Church of Latter-day Saints plays a big role in all of Utah’s marriage and divorce statistics. The Mormon faith also encourages marriage at a young age and puts a lot of emphasis on the marriage institution.</p>
  1739. <p>This greatly challenges divorced and widowed Mormons to get back into dating. This is a good explanation why Utah has a higher percentage of people who have or are married. According to the information from 2013 census in Utah, 73 percent of Utah women and 68 percent of Utah men have been married at least once, while nationwide, 70 percent of women and 64 percent of men have tied the knot.</p>
  1740. <h2>Ten Cities In Utah With The Highest Divorce Rates</h2>
  1741. <p>1. Vernal<br />
  1742. 2. Washington Terrace<br />
  1743. 3. Ogden<br />
  1744. 4. Moab<br />
  1745. 5. Sunset<br />
  1746. 6. Murray<br />
  1747. 7. Price<br />
  1748. 8. Midvale<br />
  1749. 9. Roy<br />
  1750. 10. South Salt Lake</p>
  1751. <p>If you can, you should try to avoid divorce. This is because divorce has disadvantages such as:</p>
  1752. <p><strong>1. It reduces living standards</strong></p>
  1753. <p>When divorce occurs it usually results into two families where there was one family. It is usually said that two are better than one. When there was unity or before the divorce both partners use to support the family using their income but now that the family has split up the living standards will lower since each partner will be supporting himself or herself wherever she is living. If you had a lavish lifestyle you will start watching your budget and being keen on how you spend your money.</p>
  1754. <p><strong>2. Divorce changes relationships</strong></p>
  1755. <p>It is obvious that your relationship with your ex will change. Apart from the spouse, your relationship with his or her family and relatives will change. Divorce can make you lose people who at one time were the dearest to you.</p>
  1756. <p>This usually happens when friends take sides and start viewing you as the worst person. After divorcing, the divorcees find themselves distancing themselves from married people. They mostly stay with single people so as to get a little comfort.</p>
  1757. <p><strong>3. Divorce Hurts Children</strong></p>
  1758. <p>Children of divorced parents are more likely to have problems such as depression, delinquency, low school performance and social problems. These problems may come as a result of marital conflicts at home or due to the divorce itself.</p>
  1759. <p>There are some factors at home that are bad enough that unless they are eliminated a divorce might be better for the children. They may include violence against children or spouse, continuing and open substance abuse, recurring inappropriate expressions of anger for example constantly yelling or destruction of property and continuous involvement of the children between the conflict of the parents. In the absence of one of these factors however, research has found out that in the absence of one of these factors, intact but unhappy homes are on average happier and better than children whose parents have divorced. This is applicable even when parents make all the right decisions to help their children through a divorce.</p>
  1760. <h2>Free Consultation with Divorce Records Lawyer in Utah</h2>
  1761. <p>If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call <a href="https://ascentlawfirm.com/law-firm-salt-lake/">Ascent Law</a> at (801) 676-5506 for your free consultation. We want to help you.</p>
  1762. <div></div>The post <a href="https://ascentlawfirm.com/are-divorce-records-public-in-utah/">Are Divorce Records Public in Utah?</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  1766. </item>
  1767. <item>
  1768. <title>Trust Dos And Don&#8217;ts</title>
  1769. <link>https://ascentlawfirm.com/trust-dos-and-donts/</link>
  1771. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  1772. <pubDate>Wed, 28 Jun 2023 02:10:00 +0000</pubDate>
  1773. <category><![CDATA[Estate Planning]]></category>
  1774. <guid isPermaLink="false">https://ascentlawfirm.com/?p=4444915</guid>
  1775.  
  1776. <description><![CDATA[<p>A trust is the legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to&#8230;</p>
  1777. The post <a href="https://ascentlawfirm.com/trust-dos-and-donts/">Trust Dos And Don’ts</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  1778. <content:encoded><![CDATA[<figure class="wp-block-image aligncenter size-full is-resized"><a href="https://ascentlawfirm.com/wp-content/uploads/2018/08/Trust-Types.jpg"><img loading="lazy" decoding="async" width="390" height="449" src="https://ascentlawfirm.com/wp-content/uploads/2018/08/Trust-Types.jpg" alt="Trust Types" class="wp-image-7457" style="width:393px;height:449px" srcset="https://ascentlawfirm.com/wp-content/uploads/2018/08/Trust-Types.jpg 390w, https://ascentlawfirm.com/wp-content/uploads/2018/08/Trust-Types-261x300.jpg 261w" sizes="(max-width: 600px) 100vw, 390px" /></a><figcaption class="wp-element-caption">Trust Dos And Don&#8217;ts </figcaption></figure>
  1779.  
  1780.  
  1781. <p>A trust is the legal relationship between one person, the trustee, having an equitable ownership or management of certain property and another person, the beneficiary, owning the legal title to that property. The beneficiary is entitled to the performance of certain duties and the exercise of certain powers by the trustee, which performance may be enforced by a court of equity. Most trusts are founded by the persons (called trustors, settlors and/or donors) who execute a written declaration of trust which establishes the trust and spells out the terms and conditions upon which it will be conducted. The declaration also names the original trustee or trustees, successor trustees or means to choose future trustees. The assets of the trust are usually given to the trust by the creators, although assets may be added by others. During the life of the trust, profits and, sometimes, a portion of the principal, called the &#8220;corpus&#8221;, may be distributed to the beneficiaries, and the remainder to is usually distributed upon the occurrence of an event, such as the death of the creator. A trust may be created as an alternative to a will in order to <a href="https://ascentlawfirm.com/how-to-avoid-probate-in-utah/">avoid probate</a> and higher taxation. There are many <a href="https://ascentlawfirm.com/trust-types/">types of trusts</a>, including &#8220;revocable trusts&#8221;, created to handle the trustors&#8217; assets (with the trustor acting as initial trustee), also called a &#8220;living trust&#8221; or &#8220;inter vivo trust&#8221;, which only becomes irrevocable on the death of the first trustor; &#8220;irrevocable trust,&#8221; which cannot be changed at any time; &#8220;charitable remainder unitrust,&#8221; which provides for eventual guaranteed distribution of the corpus (assets) to charity, providing a substantial tax benefit. There are also &#8220;constructive&#8221; and &#8220;resulting&#8221; trusts declared by a court for equitable reasons over property held by someone for its owner. A <a href="https://ascentlawfirm.com/living-vs-testamentary-trusts-for-tax-purposes/">&#8220;testamentary trust&#8221;</a> can be created by a will to manage assets given to beneficiaries.</p>
  1782. <h2>Types of Trusts</h2>
  1783. <p>A <a href="https://ascentlawfirm.com/michael-r-anderson-esq/">trust</a> is a legal document that can be created during a person&#8217;s lifetime and survive the person&#8217;s death. A trust can also be created by a will and formed after death. Once assets are put into the trust they belong to the trust itself (such as a bank account), not the trustee (person). They remain subject to the rules and instructions of the trust contract. In essence, a trust is a right to money or property, which is held in a fiduciary relationship by one person or bank for the benefit of another. The trustee is the one who holds title to the trust property, and the beneficiary is the person who receives the benefits of the trust.</p>
  1784. <h2>Revocable Trusts</h2>
  1785. <p>Revocable trusts are created during the lifetime of the trust-maker and can be altered, changed, modified or revoked entirely. Often called a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a>, these are trusts in which the trust-maker:<br />• Transfers the title of a property to a trust<br />• Serves as the initial trustee<br />• Has the ability to remove the property from the trust during his or her lifetime</p>
  1786. <p>Revocable trusts are extremely helpful in <a href="https://ascentlawfirm.com/lawyer-to-avoid-probate/">avoiding probate</a>. If ownership of assets is transferred to a revocable trust during the lifetime of the trust-maker so that it is owned by the trust at the time of the trust-maker&#8217;s death, the assets will not be subject to probate. Although useful to avoid probate, a revocable trust is not an asset protection technique as assets transferred to the trust during the trust-maker&#8217;s lifetime will remain available to the trust-maker&#8217;s creditors. It does make it more somewhat more difficult for creditors to access these assets since the creditor must petition a court for an order to enable the creditor to get to the assets held in the trust. Typically, a <a href="https://ascentlawfirm.com/revocable-vs-irrevocable-trusts/">revocable trust evolves into an irrevocable</a> trust upon the death of the trust-maker.</p>
  1787. <h2>Irrevocable Trust</h2>
  1788. <p>An <a href="https://ascentlawfirm.com/what-is-an-irrevocable-trust/">irrevocable trust</a> is one that cannot be altered, changed, modified or revoked after its creation. Once a property is transferred to an <a href="https://ascentlawfirm.com/revocable-vs-irrevocable-trusts/">irrevocable trust</a>, no one, including the trust maker, can take the property out of the trust. It is possible to purchase survivorship <a href="https://ascentlawfirm.com/using-life-insurance-for-estate-planning/">life insurance</a>, the benefits of which can be held by an irrevocable trust. This type of survivorship life insurance can be used for <a href="https://ascentlawfirm.com/tax-planning-and-estate-plans/">estate tax planning</a> purposes in large estates; however, survivorship life insurance held in an irrevocable trust can have serious negative consequences.</p>
  1789. <h2>Asset Protection Trust</h2>
  1790. <p>An asset protection trust is a type of trust that is designed to protect a person&#8217;s assets from claims of future creditors. These types of trusts are often set up in countries outside of the United States, although the assets do not always need to be transferred to the foreign jurisdiction. The purpose of an asset protection trust is to insulate assets from creditor attack. These <a href="https://ascentlawfirm.com/irrevocable-trust/">trusts are normally structured so that they are irrevocable</a> for a term of years and so that the trust-maker is not a current beneficiary. An asset protection trust is normally structured so that the undistributed assets of the trust are returned to the trust-maker upon the termination of the trust provided there is no current risk of creditor attack, thus permitting the trust-maker to regain complete control over the formerly protected assets.</p>
  1791. <h2>Charitable Trust</h2>
  1792. <p><a href="https://ascentlawfirm.com/charitable-trust/">Charitable trusts</a> are trusts which benefit a particular charity or the public in general. Typically charitable trusts are established as part of an <a href="https://ascentlawfirm.com/the-right-estate-plan-for-you/">estate plan</a> to lower or avoid the imposition of estate and gift tax. A <a href="https://ascentlawfirm.com/tax-incentives-for-a-charitable-remainder-trust/">charitable remainder trust</a> (CRT) funded during the grantor&#8217;s lifetime can be a financial planning tool, providing the trust-maker with valuable lifetime benefits. In addition to the financial benefits, there is the intangible benefit of rewarding the trust-maker&#8217;s altruism as charities usually immediately honor the donors who have named the charity as the beneficiary of a CRT.</p>
  1793. <h2>Constructive Trust</h2>
  1794. <p>A constructive trust is an implied trust. An implied trust is established by a court and is determined by certain facts and circumstances. The court may decide that, even though there was never a formal declaration of a trust, there was an intention on the part of the property owner that the property is used for a particular purpose or go to a particular person. While a person may take legal title to a property, equitable considerations sometimes require that the equitable title of such property really belongs to someone else.</p>
  1795. <h2>Special Needs Trust</h2>
  1796. <p>A <a href="https://ascentlawfirm.com/utah-special-needs-trusts/">special needs trust</a> is one that is set up for a person who receives government benefits so as not to disqualify the beneficiary from such government benefits. This is completely legal and permitted under the Social Security rules provided that the disabled beneficiary cannot control the amount or the frequency of <a href="https://ascentlawfirm.com/tax-consequences-of-trust-distributions/">trust distributions</a> and cannot revoke the trust. Ordinarily, when a person is receiving government benefits, an inheritance or receipt of a gift could reduce or eliminate the person&#8217;s eligibility for such benefits. By establishing a trust, which provides for luxuries or other benefits which otherwise could not be obtained by the beneficiary, the <a href="https://ascentlawfirm.com/trust-beneficiary-clause/">beneficiary can obtain the benefits from the trust</a> without defeating his or her eligibility for government benefits. Usually, a <a href="https://ascentlawfirm.com/what-is-a-special-needs-trust/">special needs trust</a> has a provision that terminates the trust in the event that it could be used to make the beneficiary ineligible for government benefits. <a href="https://ascentlawfirm.com/when-is-a-special-needs-trust-used/">Special needs</a> have a specific legal definition and are defined as the requisites for maintaining the comfort and happiness of a disabled person when such requisites are not being provided by any public or private agency. <a href="https://ascentlawfirm.com/how-can-i-take-care-of-my-child-who-is-disabled-or-has-special-needs/">Special needs</a> can include medical and dental expenses, equipment, education, treatment, rehabilitation, eyeglasses, transportation (including vehicle purchase), maintenance, insurance (including payment of premiums of insurance on the life of the beneficiary), essential dietary needs, spending money, electronic and computer equipment, vacations, athletic contests, movies, trips, money with which to purchase gifts, payments for a companion, and other items to enhance self-esteem. The list is quite extensive. Parents of a disabled child can establish a <a href="https://ascentlawfirm.com/special-needs-trust-utah/">special needs trust</a> as part of their general estate plan and not worry that their child will be prevented from receiving benefits when they are not there to care for the child. Disabled persons who expect an inheritance or other large sum of money may establish a <a href="https://ascentlawfirm.com/special-needs-trust-utah/">special needs trust</a> themselves, provided that another person or entity is named as trustee.</p>
  1797. <h2>Spendthrift Trust</h2>
  1798. <p>A trust that is established for a beneficiary that does not allow the beneficiary to sell or pledge away interests in the trust is known as a spendthrift trust. It is protected from the beneficiaries&#8217; creditors, until such time as the trust property is distributed out of the trust and given to the beneficiaries.</p>
  1799. <h2>Tax By-Pass Trust</h2>
  1800. <p>A tax by-pass trust is a type of trust that is created to allow one spouse to leave money to the other while limiting the amount of federal estate tax that would be payable on the death of the second spouse. While assets can pass to a spouse tax-free, when the surviving spouse dies, the remaining assets over and above the exempt limit would be taxable to the children of the couple, potentially at a rate of 55 percent. A tax by-pass <a href="https://ascentlawfirm.com/family-savings-trust/">trust avoids this situation and saves</a> the children perhaps hundreds of thousands of dollars in federal taxes, depending upon the value of the estate.</p>
  1801. <h2>Totten Trust</h2>
  1802. <p>A Totten trust is one that is created during the lifetime of the grantor by depositing money into an account at a financial institution in his or her name as the trustee for another. This is a type of revocable trust in which the gift is not completed until the grantor&#8217;s death or an unequivocal act reflecting the gift during the grantor&#8217;s lifetime. An individual or an entity can be named as the beneficiary. Upon death, Totten trust assets avoid probate. A Totten trust is used primarily with accounts and securities in financial institutions such as savings accounts, <a href="https://ascentlawfirm.com/bank-account-beneficiary-rules/">bank accounts</a>, and certificates of deposit. A Totten trust cannot be used with <a href="https://ascentlawfirm.com/can-a-holographic-will-convey-real-property/">real property</a>. It provides a safer method to pass assets on to family than using joint ownership.</p>
  1803. <p>To create a Totten trust, the title on the account should include identifying language, such as &#8220;In Trust For,&#8221; &#8220;Payable on Death To,&#8221; &#8220;As Trustee For,&#8221; or the identifying initials for each, &#8220;IFF,&#8221; &#8220;POD,&#8221; &#8220;ATF.&#8221; If this language is not included, the beneficiary may not be identifiable. A Totten trust has been called a &#8220;poor man&#8217;s&#8221; trust because a written trust document is typically not involved and it often costs the trust maker nothing to establish.</p>
  1804. <h2>Advantages and Disadvantages of Living Trusts</h2>
  1805. <p>Regardless of whatever else you may have heard there are only two ways to avoid probate: don&#8217;t die and don&#8217;t own anything. The <a href="https://ascentlawfirm.com/irrevocable-living-trust/">living trust</a> attempts to accomplish the second way of avoiding probate, no one having yet discovered how to accomplish the first. As an <a href="https://ascentlawfirm.com/estate-planning-attorney-clearfield-utah/">estate planning</a> tool, a living trust is neither inherently good nor inherently bad. It has certain advantages and certain disadvantages. Whether its use is appropriate depends upon the particulars and is a matter for individual determination. But first, a little background. Probate is simply the procedure for transferring a decedent&#8217;s assets, either by that person&#8217;s will or by state statute if there is no will. In the overwhelming majority of cases, the system functions smoothly and without undue delay or expense. It is the rare, but sometimes colorful case in which the estate is tied up for years and burdened by enormous legal fees and administrative expenses &#8211; whether because of a will contest or other disputes among the heirs or because of disputed claims against the estate &#8211; that provides grist for the mill of the &#8220;avoid probate&#8221; industry. You might not know it from the sales pitches, but a &#8220;living trust&#8217; is nothing new as an estate planning mechanism. It has been around for years under the more traditional names &#8220;revocable trust&#8221; and &#8220;inter vivo trust,&#8221; literally, a <a href="https://ascentlawfirm.com/revocable-living-trust/">trust &#8220;between the living.&#8221;</a> If it tells you nothing else, the Latin name tells you that the concept is very traditional. A living or revocable trust is one created by a person while living that may be revoked or modified by that person without the consent of any other person. The creator of the trust, called the &#8220;settler&#8221; or &#8220;grantor,&#8221; can be his or her own trustee and can designate a successor trustee or trustees in the event of incapacity or death. The settlor is typically the <a href="https://ascentlawfirm.com/common-trust-beneficiary-mistakes/">beneficiary of the trust</a> during his or her life, and designates in the trust document who will be the beneficiaries upon his or her death.</p>
  1806. <p>The use of a revocable trust &#8220;to <a href="https://ascentlawfirm.com/how-to-avoid-probate-in-utah/">avoid probate&#8221;</a> requires that the trust be funded with all or substantially all of the settlor&#8217;s assets during the settlor&#8217;s life. It is in this way that the revocable trust enables the settler to follow the aforementioned advice, &#8220;don&#8217;t own anything.&#8221; The assets have passed from individual ownership to ownership by the trust. Thus, when the settlor dies there is nothing in the estate (assuming no further acquisitions) and nothing to &#8220;probate,&#8221; even though the settler, as beneficiary, has enjoyed the use of the trust assets during his or her life. There can be additional advantages of such trusts, beyond probate avoidance. For example, if the settler is successful in avoiding probate, the size and distribution of the estate can be kept confidential, unlike probate proceedings which are matters of <a href="https://ascentlawfirm.com/are-death-records-public-record/">public record</a>. Also, the assets of a <a href="https://ascentlawfirm.com/living-trust-vs-will/">living trust</a> can typically be distributed to beneficiaries sooner than is possible in the probate of an estate. <a href="https://ascentlawfirm.com/living-trusts-information-center/">Living trusts</a> also can be an excellent way of keeping records and managing property. Another argument for <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trusts</a> is that confidentiality of trust provisions and avoidance of court procedures tend to reduce the likelihood of the equivalent of a will contest.</p>
  1807. <p>A major disadvantage of a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a> is the cost associated with its preparation and funding. The paperwork is more complex for a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a> than for a will and the attorney&#8217;s fee is typically larger. Property that passes by title, for example, real estate and vehicles, has to be transferred formally from individual ownership to trust ownership. More paperwork and more expense. Beneficiary designations to property such as insurance policies and bank accounts may also need to be changed. For an estate with fairly extensive property and complex dispositions, the cost of preparing and funding a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a> can be two or three times the cost of a will with equivalent dispositions. People who choose a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a> over a will are essentially doing much of their own probate before their death, similar to the way that some people plan their own funerals. As a result, they are paying costs and performing work now that would otherwise be deferred until after death and then paid by their <a href="https://ascentlawfirm.com/personal-representative-of-the-estate/">estate and performed by their Personal Representative</a>. There is nothing wrong with this of course, as long as a person realizes that is what he is doing. Additionally, the formalities of setting up and funding a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a> must be observed and records kept to reflect that observance throughout the settlor&#8217;s life if the transfer of the assets is to occur smoothly and without probate when the settlor dies.</p>
  1808. <p>Again, more paperwork and transaction expenses to keep the trust current. Unfortunately, many people lack the self-discipline necessary to keep their affairs in the order required by a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a> after they have established one. The costs to set up, maintain, and administer a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a> are generally at least the same as the costs of a will plus probate. With a <a href="https://ascentlawfirm.com/living-trusts-information-center/">living trust</a> those costs are loaded toward the front end, with a will toward the back end. On occasion, there is a distinct advantage to opening a probate case even where the decedent had a trust and all the decedent&#8217;s property had been placed in the trust. The <a href="https://ascentlawfirm.com/avoiding-the-probate-process/">probate process</a> allows for publication of a &#8220;Notice To Creditors,&#8221; which in effect imposes a very short statute of limitations on claims against the estate. <a href="https://ascentlawfirm.com/estate-and-trust-administration/">Trust administration</a> procedures do not provide for this, so any claims against the trust are subject only to their ordinary limitations periods.</p>
  1809. <h2>Free Initial Consultation with Lawyer</h2>
  1810. <p>It&#8217;s not a matter of if, it&#8217;s a matter of when. Legal problems come to everyone. Whether it&#8217;s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister&#8217;s brother who&#8217;s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call <a href="https://ascentlawfirm.com/84097-attorneys/">Ascent Law</a> for your free consultation <a>(801) 676-5506</a>. We want to help you!</p>
  1811. <p><a href="https://ascentlawfirm.com/wp-content/uploads/2014/08/video-pic5-1.jpg" data-elementor-open-lightbox="no"><img loading="lazy" decoding="async" class="alignnone size-full wp-image-783" src="https://ascentlawfirm.com/wp-content/uploads/2014/08/video-pic5-1.jpg" alt="Michael R. Anderson, JD" width="360" height="248" srcset="https://ascentlawfirm.com/wp-content/uploads/2014/08/video-pic5-1.jpg 360w, https://ascentlawfirm.com/wp-content/uploads/2014/08/video-pic5-1-300x207.jpg 300w" sizes="(max-width: 600px) 100vw, 360px" /></a></p>
  1812. <div><a href="https://ascentlawfirm.com/84097-attorneys/"><strong>Ascent Law LLC</strong></a><br />8833 S. Redwood Road, Suite C<br />West Jordan, Utah<br />84088 United States<br />Telephone: <a>(801) 676-5506</a></div>
  1813. <div>Ascent Law LLC
  1814. <div>4.9 stars &#8211; based on 67 reviews</div>
  1815. <p><iframe style="border: 0;" src="https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3029.769883606381!2d-111.93865288482908!3d40.59083455295669!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x875288c711bb118b%3A0xc45de8cb0edee294!2sAscent+Law+LLC!5e0!3m2!1sen!2sus!4v1485883731354" width="600" height="450" frameborder="0" allowfullscreen="allowfullscreen"></iframe></p>
  1816. <blockquote>
  1817. <p>Recent Posts</p>
  1818. </blockquote>
  1819. <p><a href="https://ascentlawfirm.com/utah-revocable-living-trusts/">Utah Revocable Living Trusts</a></p>
  1820. <p><a href="https://ascentlawfirm.com/tax-planning-considerations/">Tax Planning Considerations</a></p>
  1821. <p><a href="https://ascentlawfirm.com/creditor-claims-against-retirement-assets/">Creditor Claims Against Retirement Assets</a></p>
  1822. <p><a href="https://ascentlawfirm.com/business-lawyers/">Business Lawyers</a></p>
  1823. <p><a href="https://ascentlawfirm.com/estate-planning/">Estate Planning Lawyer</a></p>
  1824. <p><a href="https://ascentlawfirm.com/family-law-attorney-in-west-jordan-utah/">Divorce Lawyer and Family Law Attorneys</a></p>
  1825. <h2>Ascent Law St. George Utah Office</h2>
  1826. <p><iframe style="border: 0;" tabindex="0" src="https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3182.6916962353844!2d-113.56264628470193!3d37.08864917989011!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x0%3A0xe73e5ea88abcccc8!2sAscent%20Law%20LLC!5e0!3m2!1sen!2sus!4v1593118286148!5m2!1sen!2sus" width="600" height="450" frameborder="0" allowfullscreen="allowfullscreen" aria-hidden="false"></iframe></p>
  1827. <h2>Ascent Law Ogden Utah Office</h2>
  1828. <p><iframe style="border: 0;" tabindex="0" src="https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d2999.2802359109396!2d-111.9795642845782!3d41.25923387927624!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x0%3A0x66a8ed6317910ca5!2sAscent%20Law%20LLC%20Ogden%20Office!5e0!3m2!1sen!2sus!4v1593118369607!5m2!1sen!2sus" width="600" height="450" frameborder="0" allowfullscreen="allowfullscreen" aria-hidden="false"></iframe></p>
  1829. </div>The post <a href="https://ascentlawfirm.com/trust-dos-and-donts/">Trust Dos And Don’ts</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  1833. </item>
  1834. <item>
  1835. <title>Creditor Claims Against Retirement Assets</title>
  1836. <link>https://ascentlawfirm.com/creditor-claims-against-retirement-assets/</link>
  1838. <dc:creator><![CDATA[Ascent Law]]></dc:creator>
  1839. <pubDate>Tue, 27 Jun 2023 02:10:00 +0000</pubDate>
  1840. <category><![CDATA[Bankruptcy Law]]></category>
  1841. <guid isPermaLink="false">https://ascentlawfirm.com/?p=4444591</guid>
  1842.  
  1843. <description><![CDATA[<p>Creditor claims is defined as written claim filed in federal bankruptcy court by a person or entity owed money by a debtor who has filed for bankruptcy. A written claim&#8230;</p>
  1844. The post <a href="https://ascentlawfirm.com/creditor-claims-against-retirement-assets/">Creditor Claims Against Retirement Assets</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></description>
  1845. <content:encoded><![CDATA[<figure class="wp-block-image aligncenter size-full is-resized"><a href="https://ascentlawfirm.com/wp-content/uploads/2019/10/Bankruptcy-Lawyer-Herriman-Utah.jpg"><img loading="lazy" decoding="async" width="458" height="412" src="https://ascentlawfirm.com/wp-content/uploads/2019/10/Bankruptcy-Lawyer-Herriman-Utah.jpg" alt="" class="wp-image-361875" style="width:528px;height:476px" srcset="https://ascentlawfirm.com/wp-content/uploads/2019/10/Bankruptcy-Lawyer-Herriman-Utah.jpg 458w, https://ascentlawfirm.com/wp-content/uploads/2019/10/Bankruptcy-Lawyer-Herriman-Utah-300x270.jpg 300w" sizes="(max-width: 600px) 100vw, 458px" /></a><figcaption class="wp-element-caption">Creditor Claims Against Retirement Assets</figcaption></figure>
  1846.  
  1847.  
  1848. <p>Creditor claims is defined as written claim filed in federal bankruptcy court by a person or entity owed money by a debtor who has filed for bankruptcy. A written claim filed in probate court by a person or entity owed money by a person who has died. State law sets a deadline, usually a few months, for filing a claim in probate court. If the executor or administrator in charge of the probate denies the claim, the creditor can request a court hearing. A creditor with a secured claim in bankruptcy has two things: a debt that you owe and a lien (also called a security interest) on a piece of property you own. If you don’t pay according to the terms of your contract, the lien allows the lender to recover the property, sell it at auction, and apply the proceeds to the account balance. For instance, a mortgage lender with a lien can recover real estate in a foreclosure action, and a vehicle loan lender with a lien can recover a car through repossession.</p>
  1849. <p>Secured claims are often voluntary. For instance, if you agree to pledge an asset as collateral for the loan (a common practice when buying a house or car), you voluntarily give the creditor a security interest in your property. Creditors can also obtain an involuntary lien against your property without your consent. For instance, a credit card company can get an involuntary lien after suing you in a collection lawsuit and winning a money judgement. When you fall behind on your taxes, statutory law gives the IRS the right to a tax lien against your property. Filing for bankruptcy involves disclosing your debts, or “creditor claims,” on official bankruptcy paperwork. But as easy as that might sound, classifying claims can get a bit tricky. First, you’ll list the debt as either a secured or unsecured claim. Then, you’ll divide the unsecured claims into priority and non-priority unsecured claims.</p>
  1850. <h2>Listing Creditor Claims in Your Bankruptcy Paperwork</h2>
  1851. <p>A bankruptcy case gets started after you complete and file official bankruptcy forms. The cover document, called the petition, is where you’ll disclose identifying information, such as your name, address, and the bankruptcy chapter you’re filing. You’ll provide details about your income, creditor claims (debts), and assets on forms called schedules.</p>
  1852. <p>Creditor claims will appear on one of two schedules:<br />• Schedule D: Creditors Who Hold Claims Secured By Property. Here you’ll include secured claims, such as a mortgage, car payment, or another collateralized obligation.<br />• Schedule E/F: Creditors Who Have Unsecured Claims. You’ll list unsecured claims on this form. Priority unsecured claims, such as unpaid taxes and child support, belong in Part 1. You’ll list your non-priority unsecured claims (all remaining debts) in Part 2.<br />Common examples of secured bankruptcy claims include:<br />• Mortgages<br />• car loans<br />• unpaid real estate taxes, and<br />• other property liens.</p>
  1853. <p>You’ll list all secured claims on Schedule D: Creditors Who Hold Claims Secured By Property.</p>
  1854. <p>A creditor with a secured claim is in a good position. A bankruptcy discharge (the order that wipes out debt) won’t get rid of a lien on your property. It only eliminates your liability to pay the debt. Since the lien remains, the creditor can still foreclose or repossess the property if the loan doesn’t get paid. So if you file for bankruptcy and want to keep property securing a loan, you’ll have to continue making payments to the lender until you pay off the debt. However, if there is significant equity in a house or car, a Chapter 7 trustee will likely sell it. But, because of the lien, the trustee must get enough to pay off the loan, return any exemption amount to you (the amount of equity you’re allowed to protect), and use the remaining funds to pay off creditors. If there isn’t enough equity to pay something meaningful to creditors, the trustee won’t sell the property. If a property you’d like to keep has significant equity, a Chapter 13 case will likely be a better option. But you’ll have to have enough income to pay a hefty monthly payment for three- to five-years (you must pay the value of the nonexempt equity in the plan).</p>
  1855. <h2>Eliminating Liens in Bankruptcy</h2>
  1856. <p>You can eliminate certain types of property liens in bankruptcy. For instance, you might be able to ask the court to:<br />• get rid of a judgment lien that impairs your bankruptcy exemptions, or<br />• wipe out a wholly unsecured junior lien from your property in Chapter 13 bankruptcy.</p>
  1857. <h2>Unsecured Claims</h2>
  1858. <p>A creditor with an unsecured claim doesn’t have a lien. There are two types of unsecured claims:<br />• Priority unsecured claims: These debts aren’t dischargeable in bankruptcy and, if money is available, the claim will get paid before non-priority unsecured claims.<br />• Non-priority unsecured claims. Most of these obligations are dischargeable in bankruptcy (except student loans). All priority debts must be satisfied before these debts can be paid with bankruptcy funds.</p>
  1859. <h2>Non-priority Unsecured Claims</h2>
  1860. <p>The bankruptcy discharge will eliminate most types of non-priority, unsecured claims, but not all. Some of the most common non-priority unsecured claims you can discharge in bankruptcy include:<br />• credit card debt<br />• medical bills, and<br />• personal loans.<br />Although student loans are unsecured debts, you can’t discharge them unless you can prove that it would be an undue hardship to pay them (which is a difficult standard to prove).</p>
  1861. <h2>Priority Unsecured Claims</h2>
  1862. <p>Priority unsecured debts aren’t dischargeable and receive special treatment. Priority creditors get paid before other creditors in bankruptcy.<br />The following are some of the most common types of priority claims:<br />• alimony<br />• child support<br />• certain tax obligations, and<br />• debts for personal injury or death caused by drunk driving.</p>
  1863. <p>Because you can’t wipe out priority debts in Chapter 7 bankruptcy, you’ll be responsible for paying any balance that remains after your Chapter 7 case (the bankruptcy trustee might sell some of your property and apply the funds to the debt). If you file for Chapter 13 bankruptcy, you’ll have to pay off priority unsecured debts in full through your three- to five-year repayment plan. The bankruptcy code generally exempts certain retirement funds from creditors. It makes sense when you consider why retirement accounts are protected. The government encourages retirement savings by allowing taxpayers to make qualified contributions to retirement accounts on a tax-deferred basis. The tax code is written to ensure that retirement accounts are not used as ordinary savings by penalizing withdrawals from the account until the account owner reaches age 59½. For this reason, the funds held in the account are not accessible and are protected from creditors.</p>
  1864. <h2>Retirement Accounts</h2>
  1865. <p>The Bankruptcy Abuse Prevention and Consumer Protection Act (BAPCPA) of 2005 offer protection for contributions to and earnings in IRAs, including Roth IRAs, up to $1,000,000. The dollar limit is adjusted every three years and currently is $1,283,025. This applies to all such accounts (not applied per account) and is scheduled to be adjusted again on April 1, 2019. Company retirement plans that are subject to the Employee Retirement Income Security Act of 1974 (ERISA) are excluded from bankruptcy. The Supreme Court ruled1 that ERISA plans are excluded from an individual’s bankruptcy estate as provided under the Federal Bankruptcy Code2. This protection is provided for an unlimited amount of assets held in plans such as 401(k) and 403(b) company sponsored plans. SEP IRAs and SIMPLE IRAs are not subject to ERISA.</p>
  1866. <p>However, BAPCPA states these plans are excluded from bankruptcy for unlimited amounts and are not part of the aggregate total which applies to traditional IRAs and Roth IRAs. Rollover IRAs are also exempt from the cap. Since the funds from rollover IRAs originate from ERISA-qualified accounts, such as a 401(k) or employer pension, a rollover IRA is fully protected from creditors in bankruptcy.</p>
  1867. <h2>No Federal Protection for Inherited IRAs</h2>
  1868. <p>The courts have set a precedent of protecting assets from bankruptcy for individuals actively saving for retirement. Retirement assets received by other means have not received the same treatment. Federal bankruptcy law does not protect inherited IRAs. The U.S. Supreme Court ruled that an inherited IRA did not fit the meaning of “retirement funds” protected by bankruptcy:<br />• Beneficiaries of an IRA are not permitted to make contributions to the account, they may only take withdrawals.<br />• Beneficiaries must begin to take distributions regardless of their age (even though they may be years away from retirement).<br />• Withdraw the entire balance within 5 years of the original account holder’s death, or<br />• Take minimum distributions (based on life expectancy) until the fund is depleted.<br />• Beneficiaries can withdraw some or all of it at any time without a penalty.</p>
  1869. <p>It is assumed that the reasoning of the decision also applies to inherited Roth IRAs also note that if the beneficiary is a spouse, he or she may secure federal protection. If the spouse rolls over the account to his or her own IRA (or Roth IRA), the funds likely will be treated the same as if the spouse had funded the account. While there have been no cases or rulings on whether this gives the same protection to a spouse as an owner enjoys, there is a good argument for it.</p>
  1870. <h2>IRA Asset Protection Planning</h2>
  1871. <p>Notably, the different federal and state creditor protection given to 401(k) qualified plans and IRA, including Self-Directed IRAs, inside or outside the bankruptcy context presents a number of important asset protection planning opportunities.</p>
  1872. <p>For example, if you leave an employer who provides a qualified plan, rolling over assets from a qualified plan, like a 401(k), into an IRA may have asset protection implications. For example, if you live in or are moving to a state where IRAs have no creditor protection or have an excess of $1 million dollars in plan assets and are contemplating bankruptcy, you would likely be better off leaving the assets in the company qualified plan.</p>
  1873. <p>That is to say, if you plan to leave at least some of your IRA to your family, other than your spouse, your beneficiaries’ creditors may not be able to protect your assets. Of course, this depends on where the beneficiaries live. IRA assets left to a spouse are likely to receive creditor protection if you re-title the IRA in the name of the spouse. However, you will likely be able to protect your IRA assets that you plan on leaving to your family, other than your spouse, by leaving an IRA to a trust. Consequently, you must name the trust on the IRA custodian Designation of Beneficiary Form on file.</p>
  1874. <h2>The IRA Asset &amp; Creditor Protection Solution</h2>
  1875. <p>In summary, by having and maintaining an IRA, you will have $1 million of asset protection from creditors in a bankruptcy setting. However, the determination of whether your IRA will be protected from creditors outside of bankruptcy will largely depend on state law. As illustrated above, most states will afford IRAs full protection from creditors outside of the bankruptcy context. So, IRA Asset Protection is a crucial part of your retirement planning. Most people don’t even consider what might happen to their retirement accounts in the event of an early demise, because most of us plan retirement with the idea that we’ll be around to enjoy it. But, like many aspects of estate planning, we must plan for the worst and hope for the best. Your retirement accounts can end up in probate if the proper steps are not taken prior to death.</p>
  1876. <p>• Naming the estate as the beneficiary &#8211; If for some reason a person wanted the funds from their retirement account to pass through probate then they could simply elect to have their estate be the beneficiary of the retirement accounts. This may be the case if the person wants the funds to pay off debt during the probate process. Usually, this is unlikely.<br />• Naming the spouse as the primary beneficiary &#8211; This is very common and usually the default method when naming a beneficiary. Upon death, the decedent’s retirement accounts would pass directly to the spouse, outside of probate.<br />• Designating alternate beneficiaries &#8211; Another important aspect of estate planning in regards to retirement accounts is being sure to have at least one or more alternate beneficiaries. In the event that the primary beneficiary, let’s say the spouse, for example, does not survive the death of the retirement asset owner, like if a husband and wife died in a car accident, then the retirement account and it’s funds would pass to the alternate beneficiaries. This is why it’s very important to update beneficiaries if there are any pertinent changes to the alternate beneficiaries that would affect the transfer of the retirement account.</p>
  1877. <h2>Free Initial Consultation with Lawyer</h2>
  1878. <p>It&#8217;s not a matter of if, it&#8217;s a matter of when. Legal problems come to everyone. Whether it&#8217;s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister&#8217;s brother who&#8217;s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call <a href="https://ascentlawfirm.com/team/">Ascent Law</a> for your free consultation <a>(801) 676-5506</a>. We want to help you!</p>
  1879. <p><a href="https://ascentlawfirm.com/wp-content/uploads/2014/08/video-pic5-1.jpg" data-elementor-open-lightbox="no"><img loading="lazy" decoding="async" class="alignnone size-full wp-image-783" src="https://ascentlawfirm.com/wp-content/uploads/2014/08/video-pic5-1.jpg" alt="Michael R. Anderson, JD" width="360" height="248" srcset="https://ascentlawfirm.com/wp-content/uploads/2014/08/video-pic5-1.jpg 360w, https://ascentlawfirm.com/wp-content/uploads/2014/08/video-pic5-1-300x207.jpg 300w" sizes="(max-width: 600px) 100vw, 360px" /></a></p>
  1880. <div><a href="https://ascentlawfirm.com/84097-attorneys/"><strong>Ascent Law LLC</strong></a><br />8833 S. Redwood Road, Suite C<br />West Jordan, Utah<br />84088 United States<br />Telephone: <a>(801) 676-5506</a></div>
  1881. <div>Ascent Law LLC
  1882. <div>4.9 stars &#8211; based on 67 reviews</div>
  1883. <p><iframe style="border: 0;" src="https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3029.769883606381!2d-111.93865288482908!3d40.59083455295669!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x875288c711bb118b%3A0xc45de8cb0edee294!2sAscent+Law+LLC!5e0!3m2!1sen!2sus!4v1485883731354" width="600" height="450" frameborder="0" allowfullscreen="allowfullscreen"></iframe></p>
  1884. <blockquote>
  1885. <p>Recent Posts</p>
  1886. </blockquote>
  1887. <p><a href="https://ascentlawfirm.com/how-long-does-it-take-to-rebuild-credit-after-chapter-7/">How Long Does It Take To Rebuild Credit After Chapter 7?</a></p>
  1888. <p><a href="https://ascentlawfirm.com/utah-revocable-living-trusts/">Utah Revocable Living Trusts</a></p>
  1889. <p><a href="https://ascentlawfirm.com/tax-planning-considerations/">Tax Planning Considerations</a></p>
  1890. <p><a href="https://ascentlawfirm.com/business-lawyers/">Business Lawyers</a></p>
  1891. <p><a href="https://ascentlawfirm.com/estate-planning/">Estate Planning Lawyer</a></p>
  1892. <p><a href="https://ascentlawfirm.com/family-law-attorney-in-west-jordan-utah/">Divorce Lawyer and Family Law Attorneys</a></p>
  1893. <h2>Ascent Law St. George Utah Office</h2>
  1894. <p><iframe style="border: 0;" tabindex="0" src="https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d3182.6916962353844!2d-113.56264628470193!3d37.08864917989011!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x0%3A0xe73e5ea88abcccc8!2sAscent%20Law%20LLC!5e0!3m2!1sen!2sus!4v1593118286148!5m2!1sen!2sus" width="600" height="450" frameborder="0" allowfullscreen="allowfullscreen" aria-hidden="false"></iframe></p>
  1895. <h2>Ascent Law Ogden Utah Office</h2>
  1896. <p><iframe style="border: 0;" tabindex="0" src="https://www.google.com/maps/embed?pb=!1m18!1m12!1m3!1d2999.2802359109396!2d-111.9795642845782!3d41.25923387927624!2m3!1f0!2f0!3f0!3m2!1i1024!2i768!4f13.1!3m3!1m2!1s0x0%3A0x66a8ed6317910ca5!2sAscent%20Law%20LLC%20Ogden%20Office!5e0!3m2!1sen!2sus!4v1593118369607!5m2!1sen!2sus" width="600" height="450" frameborder="0" allowfullscreen="allowfullscreen" aria-hidden="false"></iframe></p>
  1897. </div>The post <a href="https://ascentlawfirm.com/creditor-claims-against-retirement-assets/">Creditor Claims Against Retirement Assets</a> first appeared on <a href="https://ascentlawfirm.com">Ascent Law</a>.]]></content:encoded>
  1901. </item>
  1902. </channel>
  1903. </rss>
  1904.  

If you would like to create a banner that links to this page (i.e. this validation result), do the following:

  1. Download the "valid RSS" banner.

  2. Upload the image to your own server. (This step is important. Please do not link directly to the image on this server.)

  3. Add this HTML to your page (change the image src attribute if necessary):

If you would like to create a text link instead, here is the URL you can use:

http://www.feedvalidator.org/check.cgi?url=https%3A//ascentlawfirm.com/feed/

Home · About · News · Docs · Terms

 
Copyright © 2002-9 Sam Ruby, Mark Pilgrim, Joseph Walton, and Phil Ringnalda