A real dynamo when it comes to merchandising foreign currency in Mexico. Crossed the country developing strategies for rocking horses in Washington, DC. Had a brief career writing about wieners in Atlantic City, NJ.
I’m going to share a very important part of estate planning law in this post.
The act of witnessing an instrument of writing, like a Will, at the request of the party making the Will, is done in the attestation clause section of the Will. The validity and form of an attestation clause is usually a matter of U.S. state law, and can vary from state to state. The attestation clause in a Will is essential. Utah Estates, Powers and Trusts Law Section 3-2.1 provides the requirements for the signing and witnessing of a Will. The statute has a number of provisions which include the requirement that the Will be in writing and signed at the end. A Utah attestation clause lawyer can guide you through these requirements.
The statute further provides that there must be at least two attesting witnesses and that any writing that is placed on the Will following the testator’s signature, other than the witness attestation, is not to be given any effect. Another requirement of the statute is that the testator declare to the witnesses that the paper he is signing is his Will.
The preparation and execution of a Last Will may seem rather routine. However, the provisions of the Will providing for dispositions to beneficiaries as well as the inclusions of significant statutory provisions such as the attestation clause allow a smooth and efficient probate and estate settlement process. Without proper language and terms a Will may be subject to a Will Contest and invalidated.
A Will must be drafted and executed properly to be effective. I’ve seen poorly written wills and trusts alot as an estate lawyer in Utah. It is most important that the Will be worded in clear, unambiguous language. As noted, one clause that should always be inserted in a Will is the attestation clause (the part of the will that deals with the witnessing of the testator’s signature). An attestation clause lawyer in Utah can advise you on drafting it. Utah requires that there be witnesses to a Will and that certain formalities of signing be followed. The attestation clause in a Will provides that these requirements were adhered to. Sometimes the witnesses to the Will are dead or have moved. In either case, there may be great difficulties in obtaining probate if there is no attestation clause. The attestation clause of the Will, while not complicated, is important.
Although the statute only requires that there be two witnesses, it is common for New York Will Lawyers to have three persons act as attesting witnesses. The witnesses should be disinterested and not receive any benefit under the Will. At the time the Will is executed the witnesses usually also sign an affidavit which sets forth the basic elements regarding their witnessing of the Will such as the testator was over 18 years of age and that they saw the testator sign the Will and that all the witnesses were present when the testator and witnesses signed. This paper is called a self-proving affidavit and is attached at the end of the Will and helps expedite the probate of the Will.
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If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
It’s important to keep in the loop as a Securities Lawyer. For example, the Securities and Exchange Commission charged two former executives at a credit card processing company with masterminding a fraudulent scheme to steal millions of dollars through phony expense reimbursements, inflated invoices, and other improper accounting tactics.
The SEC’s complaint alleges that iPayment’s then-senior vice president of sales and marketing Nasir N. Shakouri and then-executive vice president and chief operating officer Robert S. Torino routinely reimbursed themselves for payments that were never actually made to third-party vendors using their personal credit cards. They also allegedly conspired with vendors to inflate invoices and receive kickbacks from the overpayments, and claimed improper commissions and bonuses related to other corporate funds they improperly diverted in various ways.
The SEC’s complaint also charges three other iPayment executives – Bronson L. Quon, John S. Hong, and Jonathan K. Skarie – with participating in the scheme and helping Shakouri and Torino falsify books and records to hide the thefts of corporate funds. Quon, Hong, and Skarie were allegedly rewarded for their assistance with misappropriated iPayment funds.
“As alleged in our complaint, these executives manipulated iPayment’s internal accounting systems, lied to the external auditor, and caused approximately $11.6 million in losses to the company,” said Sanjay Wadhwa.
In a parallel action, the U.S. Attorney’s Office for the Central District of Utah today announced criminal charges against Shakouri and Torino.
The SEC is seeking disgorgement of ill-gotten gains plus interest and penalties as well as officer-and-director bars.
SEC, NATIONAL BANK OF BELGIUM AGREE TO ENHANCED COOPERATION AND INFORMATION SHARING REGARDING EUROCLEAR
The Securities and Exchange Commission today announced that it has entered into an arrangement with the National Bank of Belgium to enhance cooperation and information sharing regarding expanded services by Euroclear Bank, which provides clearance and settlement through its operation of the Euroclear System.
Brussels-based Euroclear Bank is subject to prudential supervision and oversight by the National Bank of Belgium as a credit institution and as a clearing agency. The SEC granted Euroclear’s predecessor an exemption from registration as a clearing agency in 1998, allowing it to provide clearing services for U.S. government securities. On Dec. 16, 2016, the SEC approved Euroclear’s application to modify its exemption from registration, enabling it to also provide limited clearing agency services for U.S. equity securities.
On March 9, 2017, the SEC and the National Bank of Belgium added an addendum to their 2001 Understanding Regarding An Application of Euroclear Bank for an Exemption under U.S. Federal Securities Laws regarding Euroclear’s clearing activities in the U.S., enhancing their ability to exchange information about Euroclear’s new services.
“This addendum will expand the signatories’ ability to cooperate and exchange information related to Euroclear Bank and augment the SEC’s oversight of Euroclear Bank’s activities under its exemption order,” said Paul A. Leder, Director of the SEC’s Office of International Affairs.
SEC CHARGES FIRMS INVOLVED IN LAYERING, MANIPULATION SCHEMES
The Securities and Exchange Commission today announced fraud charges against a Ukraine-based trading firm accused of manipulating the U.S. markets hundreds of thousands of times and the Utah-based brokerage firm and CEO who allegedly helped make it possible.
The SEC’s complaint alleges that Avalon FA Ltd touted itself to traders as a destination to engage in layering, a scheme in which orders are placed but later canceled after tricking others into buying or selling stocks at artificial prices, resulting in illicit profits. Avalon allegedly made more than $21 million in the layering scheme involving U.S. stocks during a five-year period. According to the SEC’s complaint, Avalon also made more than $7 million in illicit profits through a cross-market manipulation scheme in which the firm bought and sold U.S. stocks at a loss in order to manipulate the prices of the stock and its corresponding options so that it could then profitably trade at artificial prices. Avalon allegedly used traders in Eastern Europe and Asia to conduct its trading, and the firm kept a portion of the profits and collected commissions from the traders.
The SEC’s complaint also describes fraud charges against Avalon’s named owner Nathan Fayyer and Sergey Pustelnik, who allegedly kept his controlling interest in Avalon undisclosed and embedded himself at Lek Securities as a registered representative, using his position to facilitate the schemes.
The SEC further alleges that Lek Securities and its owner Samuel Lek made the schemes possible by providing Avalon with access to the U.S. markets, approving the cross-market trading scheme, and improving its trading technology to assist Avalon’s trading. According to the SEC’s complaint, Lek Securities also relaxed its layering controls after Avalon complained. Avalon was the highest-producing customer for Lek Securities in terms of trading commissions, fees, and rebates generated.
“As alleged in our complaint, Avalon openly marketed itself as a destination for manipulative trading, and Lek Securities opened the gate to allow the schemes into the U.S. markets despite repeated warnings that its customer was manipulating the market,” said Stephanie Avakian, Acting Director of the SEC’s Division of Enforcement.
After filing its complaint in U.S. District Court for the Southern District of Utah, the SEC obtained an emergency court order freezing Avalon’s assets held in its account at Lek Securities as well as freezing and repatriating funds that Avalon has transferred overseas.
The Securities and Exchange Commission today announced an emergency court order to freeze assets in two brokerage accounts used last week to reap more than $1 million in alleged insider trading profits in connection with a merger announcement by telecommunications companies.
According to the SEC’s complaint filed in U.S. District Court for the Southern District of Utah, highly suspicious transactions have been detected surrounding last week’s announcement that Liberty Interactive Corp. had agreed to acquire General Communication Inc. The traders, who are currently unknown, allegedly used foreign brokerage accounts in the United Kingdom and Lebanon to purchase call option contracts through U.S.-based brokerages and on U.S.-based exchanges in the days leading up to the April 4 public announcement of the acquisition. The court’s order freezes the foreign accounts’ assets contained in the U.S. brokerages.
According to the SEC’s complaint, some of the risky options positions taken in these accounts represented virtually 100 percent of the market for those options. Following the acquisition announcement, General Communication’s shares rose more than 62 percent and the brokerage account customers allegedly sold the bulk of the contracts.
“As alleged in our complaint, the timing, size, and profitability of the trades as well as the absence of any recent trading by the accounts in these particular securities make the transactions highly suspicious,” said Michele Wein Layne. “We don’t hesitate to act quickly and proactively to freeze accounts and prevent proceeds from dissipating while we continue to investigate dubious transactions and identify the traders behind them.”
The emergency court order obtained by the SEC requires the traders to repatriate any funds or assets located outside the U.S. that were obtained from the alleged insider trading. The traders are prohibited from destroying any evidence. The SEC’s complaint charges the unknown traders with violating Section 10(b) of the Securities Exchange Act of 1934 and Exchange Act Rule 10b-5. The SEC is seeking a final judgment ordering the traders to disgorge their allegedly ill-gotten gains plus interest and penalties and permanently enjoining them from future violations.
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It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will -all of us have legal issues and questions that arise. So when you have a law question, call Ascent Law for your free consultation (801) 676-5506. We want to help you!
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
We all know college is expensive. But just how hard is it to pay off student loans? According to new information published by the National Bureau of Economic Research (NBER), choosing the right school to attend can have a huge effect on your future — but not just on what type of job you might be more likely to get with a fancier college on your resume. It might impact your ability to pay off student loans. This topic is important to bankruptcy lawyers because if you ever get behind on payments…. well, read on.
Sure, picking a $40,000-per-year-tuition college over one that’s half the price should be a serious topic around the dinner table when you’re a high school student. How many grants or scholarships are you eligible and applying for? How big of a loan will you need to get to cover the rest? And how will you pay it all back?
The Treasury Department staffers who authored the working paper for NBER found that low- and middle-income college borrowers struggle with loan burdens after leaving school by matching tax data with information in the Department of Education’s Student Loan Data System. Most low-income borrowers haven’t touched repaying any of the original balance of their student loans five years after college, while a borrower from a high-income family has repaid about 19%.
This is because the employment outcomes for students from low-income families aren’t as fruitful. More than 1 in 10 students from families earning fewer than $30,000 per year are unemployed five years after leaving school, while another 36% are working but earning fewer than $25,000. Meanwhile, only 27% of students from families earning $75,000 to $100,000 are earning fewer than $25,000, while 8% are unemployed.
Additionally, about 1 in 4 borrowers from low-income families default on student loans within five years of entering repayment.
Why the difference?
According to the data gathered for NBER, students from low-income families face tougher challenges with student loans based on their lack of access to wealth. Often, the balance of their loans is larger than when they originally took them out, five years after graduating. Wealthier borrowers also rely less heavily on student debt to finance college, according to left-leaning think tank Demos.
However, the NBER paper suggests that when low-income borrowers attend less selective schools that are still in the middle of the road in terms of economic mobility, about half end up earning more than $25,000 a year after entering repayment.
It’s important to note that the data was collected for student loans in repayment between 2004 and 2009, the tail end of that being right around the time of the economic collapse.
According to the Equality of Opportunity Project, schools that ranked best for upward mobility for low-income borrowers were:
Cal State-Los Angeles
SUNY-Stony Brook
CUNY System
Glendale Community College
University of Texas at El Paso
The percent of students who come from families in the bottom fifth but reach the top fifth of income distribution are included in the analysis by the Equality of Opportunity Project. Cal State-Los Angeles has the best mobility rate at nearly 10% of students achieving that tier, while the average college in the U.S. only churns out 1.9% of graduates who dramatically increase their wealth.
So, which college is right for me?
You’ll need to weigh a lot of factors when choosing which college is right for you: programs offered, acceptance rate, location, price, and more. If economic mobility is important to you, it’s good to have the data behind trends seen in colleges today.
The colleges reporting the lowest median parent income on the list include schools in New York, Texas, Kansas, New Mexico, and Florida. Of the lowest set of parent median incomes, the best child (individual) median income was reported from graduates of Vaughn College of Aeronautics and Technology in New York, where graduates ages 32-34 are earning $53,000 per year compared to their parents’ $30,900 per year.
No goal of becoming a pilot or engineer? That’s OK. If you go to University of Texas, most campuses will show results of a higher child income than parents’ income — many of which also tend to be in just the $30,000 range.
At City College of New York, you’ll earn $48,500 per year compared to your parents’ $35,500. At Cal State-Los Angeles, you’ll earn $43,000 for your parents’ $36,600.
Meanwhile, some schools aren’t the best choices, economically. Beauty schools, like Paul Mitchell in Costa Mesa, California — the lowest child median income on the list at $10,300 per year compared to their parents’ $85,200 per year — and some technical and community colleges can affect upward mobility rankings. However, students earning two-year degrees at public colleges, in addition to four-year ones, generally have an easier time paying off student loans. Community college also can help students save a lot of money by earning general credits they’d pay big bucks in tuition for per credit hour at a four-year school.
For students, both child and parent, who never attended college, they’re making just $11,500 per year on their parents’ $35,200.
Interested in what school results in the highest median income for students? It’s Saint Louis College of Pharmacy in St. Louis, Missouri. The median child income is $123,600 — but that’s also coming from a parent median income of $92,500.
What’s the best plan for paying off student loans?
Student loan debt can be tough. It’s important to explore all college payment options when also considering adding student loan debt, and when you’re able to start repaying your debt, you should begin doing so immediately.
It’s also important to know that if you’re feeling crippled by student loan debt years after college, you have options. However, the law makes bankruptcy only an option in discharging student loan debt if you can show undue hardship. If you can satisfy each of these requirements, you may be able to discharge student loan debt:
Based on your current income and expenses, you’re unable to maintain a minimal standard of living for yourself and your dependents if you’re forced to pay off your student loans.
You have additional circumstances that indicate that this state of affairs most likely will continue during most of your repayment period.
You have made good faith efforts to repay your loans.
Erasing Student Loans in a Utah Bankruptcy
Student loans are considered to be in the lowest category of general unsecured debt when you’re looking at bankruptcy, which includes credit card and medical debt. It’s incredibly difficult to get a discharge on student loan debt, even though a growing number of influencers in consumer bankruptcy think that it should be dischargeable. Right now, our office will only file a motion to have student loan debt discharged is if you are permanently disabled and will never earn sufficient income in your lifetime to pay it back. Even then, there is no guarantee we can do it. The best route, however, would be to research all your financing options fully before choosing a college, possibly pursuing a degree that may land you a job that allows for loan forgiveness, like being a public school teacher or a nurse, and getting on a repayment plan after you graduate and sticking to it.
Free Consultation with Bankruptcy Lawyer
If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
When you fall behind on a debt for an extended period of time, creditors will often send your account to “collections.” As many of you probably already know, this means that you will have a debt collector calling and writing to you in an attempt to collect on the debt. Millions of Americans are pursued by debt collection companies every year, however, very few are familiar with their business model, the laws that regulate them and how best to put a stop to their abusive tactics. As a bankruptcy lawyer, I’ve seen this time and again. This post will help you get up to speed on the debt collection industry and give you practical tips for dealing with the letters and phone calls.
Who are these shadowy figures that call at all hours to collect on past-due debts?
The Fair Debt Collection Practices Act (FDCPA) is a piece of federal legislation that regulates the activity of debt collectors. The FDCPA defines debt collectors as:
any person who uses any instrumentality of interstate commerce or the mails in any business the principal purpose of which is the collection of any debts, or who regularly collects or attempts to collect, directly or indirectly, debts owed or due or asserted to be owed or due another.
Just as the name implies, debt collectors are individuals or businesses whose primary job is to collect debts. Although they usually have funky names like RNC Financial or Arrow Financial Services, collection law firms who regularly pursue past due accounts qualify as debt collectors. It is important to be aware be aware that original creditors, such as a bank or credit card company, will not be governed by the FDCPA because they do not fit the definition of a debt collector. The principal purpose of their business is not to collect debts. Generally speaking, the only time an original creditor will qualify as a debt collector under the FDCPA is when they use a name other than their own to collect the debt. In these cases, the FDCPA considers creditors to be debt collectors because they are behaving like collectors.
How do debt collectors get paid?
There are two common arrangements under which creditors work with debt collection companies: contingent payment and debt sale. Under a contingent payment arrangement, the original creditor hires a debt collection company to pursue a delinquent debt, with the collection company receiving a percentage of the amount they are able to collect. Depending on the type of debt, the age of the account and how many attempts have already been made to collect on it, the fee for successfully collecting could range from 10% to 50%. The advantage for debt collectors in a contingent arrangement is cost; they aren’t required to front any money in order to gain the right to pursue the debtor.
By contrast, the second most common arrangement under which creditors work with debt collection companies, selling debt, requires debt collectors to purchase past due debts so that they can then try to come after the debtor for the full outstanding balance (or as much of it as they can get). In cases where a borrower has fallen behind and the creditor views the likelihood of successful collection to be small, they may elect to sell the debt at a highly discounted rate to a debt collection company. For example, Creditor X is owed $500,000. Based on the financial picture of the borrower, Creditor X calculates a very small likelihood of collecting the full outstanding balance. In order to recoup some money, Creditor X sells the $500,000 debt to a debt collector for $100,000 or 20% of the outstanding loan balance. The debt collector then pursues the debtor for as much of the outstanding balance as possible. Everything they collect over and above $100,000, is profit.
Consumers need to be aware that the sale of debt in no way guarantees that the debt collector has the legal right to collect. In many cases they do not. Numerous articles have been written on this Forum about debt collection companies who buy “zombie debt,” i.e. debt that is no longer owed due to the expiration of the statute of limitations. In other words, it is not uncommon for debt collection companies to try to pursue consumers for debts that they do not legally owe.
Who regulates debt collection companies? How can I stop them from calling?
Debt collectors are regulated by state and federal law. The scope of this article is to short to address all of the various state laws on the subject, so we will continue to discuss the federal FDCPA instead. I you have questions about your state’s consumer protection laws, it’s always best to contact a local attorney.
Now back to the FDCPA. In order to address widespread abuses in the debt collection industry, Congress passed the FDCPA in order to rein in the tactics of debt collectors. The FDCPA prohibits abusive or coercive behavior in pursuit of a debt and awards consumers statutory damages of $1,000 for each violation of its code of conduct.
Specifically, debt collectors are prohibited from contacting 3rd parties, such as family members and friends of the borrower, when they have knowledge of the borrowers current contact information and address. They must limit collection calls to reasonable hours and must not intentionally harass debtors. Further, once a consumer communicates to a debt collector in writing that they wish for communications to cease or the collector learns that the debtor has hired an attorney, the collection efforts must stop.
Always send written correspondence via fax or certified mail so that you can prove it was sent. If it becomes necessary to pursue a claim under the FDCPA, proof of written communication will help your case.
Debt Collector Law Summary
Debt collectors are third-party businesses whose sole purpose is to collect debts. Under federal law, original creditors do not qualify as debt collectors unless they are attempting to collect under a different business name than was used to extend credit in the first place. Debt collectors get paid when they collect on delinquent accounts; either as a percentage of what they’ve collected or after purchasing the debt outright. State and federal law regulate the debt collection industry. The FDCPA prohibits abusive or coercive tactics on the part of debt collectors when they are pursuing a debtor. If you find yourself overwhelmed by collection calls or letters, it is always a good idea to meet with a local attorney. There are powerful laws that can help.
Free Consultation with Bankruptcy Lawyer
If you have a bankruptcy question, or need to file a bankruptcy case, call Ascent Law now at (801) 676-5506. Attorneys in our office have filed over a thousand cases. We can help you now. Come in or call in for your free initial consultation.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
Running or owning a restaurant can be a really fun experience. It can also take up a lot of your time and require your full responsibility. Not only for your actions, but the actions of others. If you run a restaurant or plan to buy one in the future here are a few liabilities you will want to consider.
DUIs
One of the most common types of liability in a bar or restaurant are those that revolve around DUIs. Somewhere around 30% of the traffic fatalities that happen each year are due to DUIs. But, don’t think that regular automobiles like cars and trucks are the only thing to look out for. If you have an establishment, for example, in the mountains that allows snowmobile drivers or people on ski-lifts to get off and come in your restaurant, these people are also a liability.
Make sure that you purchase a Liquor Liability Policy if you plan on having liquor or alcohol in your establishment.
Activity Hazards
At first thought, you might not be able to think of any activity hazards that might happen in your establishment. But, here are a few to get your brain moving:
– Mechanical Bulls
– Falling from Chairs
– Bar Fights
– Burns from the bartenders flaming alcohol trick
– Making bananas foster or other food items in front of tables
These hazards aren’t just for your patrons either. They cover your employees as well. In order to properly be covered for Activity Hazards in your establishment, you need to write down exactly the types of risks involved and put them on your insurance application so that the agent can give you the right amount and type of coverage.
Missing Exit Zone
If you do not have an exit zone in your establishment OR you do but the light on the sign is broken or out, you could be asking to get sued not only by anyone in your establishment that might get hurt because of an emergency, but family members of anyone who is killed in the event of an emergency. This light should always be on and should never be blocked.
Flammable Decorations
In the same way, you need to recognize possible injury for activity hazards, you also need to recognize the possibility of flammable decorations and injuries as well. Burns are painful, but they also can disfigure a person so not only would you be paying for an individual’s medical treatment, but also pain and suffering which can be incredibly high.
Decorations such as Tiki torches are a great example of flammable decorations. They look great, they might add to the atmosphere or theme of your establishment, but is that really worth possibly injuring someone and then, in turn, getting sued for it?
Probably not. Tiki torches aren’t the only flammable decorations, so are outdoor heaters, fireplaces, Chinese lanterns, etc.
When looking for insurance for your establishment, make sure they have loss control inspections. This enables a Risk Management professional to come in and tell you which areas or processes in your building might be problematic.
Essentially they are your go-to person for figuring out what items, activities, or even food items in your establishment carry the most risk. (i.e., a mechanical bull. It may seem like a fun thing to put into a bar, but without the proper insurance and proper forms for your patrons to sign, you could be in big trouble if someone gets injured.)
Free Consultation with a Utah Business Lawyer
If you are here, you probably have a business law issue you need help with, call Ascent Law for your free business law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
When parents remarry, children naturally feel the need for security and love from their parent. A blended family can be a major adjustment for all children and spouses. With some thought and planning, you can ensure that all of your loved ones are provided for in your estate plan, and ensure that your family remains harmonious and integrated even through the most stressful times.
An estate planning lawyer can sit down with you and your spouse, learn your unique needs and concerns, hopes and fears, and then craft a custom estate plan and gifting strategy that will respect your wishes and ensure they are carried out.
Second Marriage
So you’ve gotten married, have settled in, and are ready to start your new life with a wonderful new life partner. Congratulations! Second marriages present many opportunities for happiness and fulfillment. They also present the opportunity for spouses to work together to prepare a comprehensive estate plan that considers the needs and concerns of both spouses, their respective children, children born into the marriage, and any goals the new family has set for their future.
Considerations in Estate Planning
When spouses have prior children, unique estate planning strategies are needed to ensure that the blended family remains harmonious and cooperative throughout the marriage and after the death of one spouse. We are all too familiar with the family contention and discord that happens when a parent dies without an estate plan in place. Add the concerns presented by children from multiple marriages and it becomes readily apparent that a comprehensive estate plan and gifting strategy is more important than ever: a plan that considers the assets of each parent, their wishes to help their children later in life, and the new couple’s own children’s needs, possibly.
Many people feel that leaving their property to their spouse at death is the easiest way to deal with estate planning. But vague assurances or even the most optimistic of hopes that the children and surviving new spouse can work it out are no substitute for a real estate plan. Leaving property to the spouse does not ensure that all the children of both spouses are provided for. It can also result in unwanted tax consequences, eroding the legacy you worked so hard to provide. Children from the previous marriages need to feel security: they need to know that with dad’s new wife or mom’s new husband, they will not be forgotten. Cherished family heirlooms are meaningful to them, and they want to make sure special memories stay in their lineage.
Beware of joint tenancy
Property held in joint tenancy poses a special danger for the blended family: when one spouse dies, title automatically transfers to the surviving spouse and becomes part of his or her estate. Eventually, it will pass to the children of the surviving spouse only. Your children may have grown up in and become attached to that home, but may end up disinherited from those fond sentiments while the home goes to their step-siblings who do not have the same emotional investment in it.
Free Consultation with a Utah Estate Lawyer
If you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC 8833 S. Redwood Road, Suite C West Jordan, Utah 84088United States
Telephone: (801) 676-5506
