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divorcelawyergunnisonutah · 2 years

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Estate Planning Attorney Kanab Utah

Estate Planning Attorney Kanab, Utah

As we move through life, we accumulate assets, houses, cars, investments, and business interests. We have worked hard for these assets so it becomes important to us to ensure that we protect these things from future events that might otherwise see them taken from us. Just like you would not start a business without a business plan, you should not move through life without a plan for your estate. Death is inevitable and setting out what should happen to your assets early on is important to ensure you look after your loved ones.

One of the key ways you can protect your assets in Kanab Utah, is with a family trust which effectively owns all your assets which are managed and administered by the trustees, usually you and your lawyer, possibly another party depending on the circumstances of the trust. As you personally no longer own the assets they are effectively safe from claim by another party usually a person you have had a relationship with, a spouse or defacto. A family trust allows you and your family to enjoy the assets, live in the homes, drive the cars and other benefits whilst knowing that they are not subject to claim. There are, however, some legalities that you must adhere to in order to ensure that your trust is set up legally, that you manage it within its guidelines as well as Kanab Utah law. Your lawyer is the best person to set up your trust and administer it for you to ensure you do this correctly.

Other things to know about estate planning are: • Try and set up your plan as early as possible, this not only means your assets are protected early, but also assists with the gift process • You cannot set up a family estate for illegal purposes such as tax evasion • Ensure your will considers your trust deed to avoid your will being contested • Discuss your plans with your family, particularly if you are making sweeping changes or decisions • Engage a lawyer to ensure you keep everything legal

Everyone has heard the term probate but not everyone knows that this term means. Probate is quite literally the process your family members will go through with the government after you have passed away. This is the transfer of your assets and finances to your chosen beneficiary or beneficiaries. The executor of the will is the one in charge of following this process through thoroughly and making sure that your wishes are carried out as clearly stated in your will. Your executor can be anyone, not necessarily a relative and they handle your vehicles and houses, everything that is left to them. In the case that an executor was not named in a will or a will was never named than a court hearing will often name a relative to be the executor in order to get through the probate process as simply as possible. This person is not random but often the closest living relative or the person who received the most in the will should there be one that was written.

There are several different phases within probate. First, the executor or named administrator is required to prove the validity of the will to a probate court before anything can begin. Next the step is for the executor to provide statements of the deceased debts and assets as well as the list of beneficiaries in the will. From here the creditors will be notified of this death and they will then have only 6-months to collect any debts that are owed to them, should there be any. If money is owed it must be collected from the estate, not from the beneficiaries who inherit it. What this means is that the beneficiaries will not be able to inherit their money until the creditors receive what is owed to them. Whatever is left of the estate will then be distributed to the beneficiaries.

There are cases where probate court is not necessary to take care of a person’s will. If a person has very few possessions and money to distribute the court is not necessary and the beneficiaries distribute the will without the law to guide them. Also, if anything is jointly owned, for example a husband and wife, the other person will get everything by default. When people write their wills they almost never consider the act of probate and often do not even really understand how probate works. Probate should be part of your research and understanding before you begin writing your will and/or your estate. This is a very confusing stage in life that should be understood as best as possible for everyone. Probate can be a very pain staking cycle for your loved ones left behind and when planning your estate your lawyer can help you do what you can to avoid probate court for your executor. Find a reliable estate lawyer before beginning your will so you can understand the full probate and legal process. Don’t wait until it is too late to learn about these issues.

When you reach that stage in life where you want to provide a legacy for your posterity, it is time to sit down with an estate planning attorney.

Here are four main categories to consider: Wills, Living Wills, Trusts, and a Durable Power of Attorney.

 Wills are formally written wishes as to distribution of property after you have passed on. Setting up a Will is the first step to mapping out your future and it also provides peace of mind that your wishes will be carried out after you are gone. Setting up a valid Will and naming an executor for your estate will put things in motion securing a process to make sure your wishes are followed.

 Living Wills are used to answer the philosophical questions about whether you want to have artificial nutrition and hydration in the event that you are in a coma or vegetative state. A Living Will can help to ease the difficult situation that arises when family members disagree on whether to continue life support in various medical cases.

 A Trust is created to hold assets for the benefit of someone else (beneficiary). The trustee distributes assets of the trust according to the written terms of the trust agreement. A trust that is created in your will becomes effective only after you pass away. Some of the benefits of trusts are that beneficiaries will not be disqualified from receiving Medicaid or other government assistance, estate taxes can be avoided, and assets can be passed to minors before they are legally capable of owning them.

 A Durable Power of Attorney identifies a person to manage your money and/or make health care decisions for you if you are unable to do so. Durable Powers of Attorney allows you to choose who will manage your finances, and who will make health decisions for you, and it can also help save money by avoiding a court appointed guardianship.

All four categories; Wills, Living Wills, Trusts and Durable Power of Attorney’s are very important to consider. If you leave something out someone else gets to make those important decisions for you, and they may not make the decisions the way you would. Your future generations depend on what you say and how you consider what you will leave behind and how it will be handled. Why not make it easy for your family and take care of something that will show them you were thinking of them.

Importance of Probate Wills and Estate Planning to Protect Inheritance Property

Probate wills refer to Wills which must undergo the probate process. Unless a person establishes a trust to protect inheritance property, their Will must be presented to probate court for validation and directives of distribution of estate assets. Inheritance assets cannot be distributed until decedents’ estates are settled according to probate law and directives of the Will. When decedents die without probate wills, estate settlement can be prolonged for several months. Inheritance property is distributed according to state probate laws and may not be in the manner the decedent wanted. Therefore, it is crucial for everyone aged 18 and over to execute a final Will and establish beneficiaries to receive assets upon death.

Probated estates are settled by an estate administrator. This person is appointed in the last Will and is often the surviving spouse or relative to the decedent. Some states require estate administrators to undergo court confirmation and obtain approval for all aspects of estate management. Other states allow estate executors to manage the estate without court interference. It is best to consult with a probate attorney to ensure management of probate wills adheres to state protocol.

Estate executors are responsible for a myriad of duties including: securing inheritance property, obtaining property appraisals, paying outstanding debts, filing a final tax return, and distributing inheritance gifts to named beneficiaries. If outstanding debts exceed the estate’s financial holdings, estate administrator may need to hire a probate lawyer to negotiate with creditors. In some cases, the court will require Administrators to sell assets to satisfy debt obligations. In addition to outstanding debts, decedent estates are responsible for medical and funeral expenses. If decedents owned real estate secured by a mortgage note, the estate must pay all expenses associated with the property including loan installments, property insurance and taxes, homeowner’s association dues, and any required maintenance. If the estate is financially incapable of maintaining the real estate, a judge can order the property sold.

While heirs are not required to pay estate-related expenses, they will sometimes pay mortgage installments in order to prevent foreclosure. If heirs do not want to keep the property, they can sell it during the probate process to eliminate financial burdens. Most states require court authorization to sell real estate holdings. Probate wills are also used to establish guardianship for minor children. Married couples often neglect to appoint guardians, but this can be a tragic mistake. If both parents die, minor children can become a ward of the state until suitable living arrangements are made. If relatives want to care for the children they will have to undergo investigation by the Department of Children and Families, which can take several months to complete.

Individuals can use probate wills to disinherit direct lineage heirs. It is important to include a disinheritance clause which explains the reason heirs are written out of the Will. By law, inheritance property is given to direct lineage heirs unless heirs are intentionally disinherited. Probate wills provide everyone with the opportunity to have the final say upon death. Without one, probate laws dictate distribution of property and estates can be suspended in the court system for months, or years. Executing a legal last will and testament is the best gift anyone can leave loved ones. Dying without a Will (intestate) prolongs estate settlement and can potentially bankrupt the estate, leaving nothing for heirs.

Living Revocable Trusts

Living revocable trusts are one of the tools the rich have used for over 50 years to pass their property. Establishing one takes a lot of paperwork. With the advent of the computer 30 years ago, it became a lot easier (cheaper) to actually do the paperwork for the living revocable trust. Living revocable trusts are increasingly being used by the middle class. For the informed they can help pass a lot of money. They are still more popular in the West than they are the East. They are used for three main reasons.

 To allow assets to pass to heirs without a probate process, aka, probate avoidance. There is a catch though. The trust has to be “used” by its “owner” in order for it to actually avoid probate when the owner dies.

There is a big push against living revocable trusts, because people pay the big bucks for them, and when all is said and done, the family is dumped into the probate process just like they would have been if a cheaper will was used instead of the living revocable trust. It’s almost a conflict of interest. If the attorney doesn’t teach the client how to use their trust, then the attorney gets the big bucks for setting up the trust and he will get the probate too. (In 80% of the cases the family goes back to the attorney that set up the living revocable trust to “clean up the estate.)

 To deliver assets to your heirs without an estate tax. That can save a family literally over a million dollars.

 To allow an individual’s property to be managed by someone else after they die. If the property is owned by the living revocable trust, there isn’t any court supervision, and the management transition is smooth. The trust allows someone to step in immediately, without court supervision, and manage the trust’s assets when the “owner” (Grantor) becomes incompetent.

There is a legal foundation that all wealthy people use. A living revocable trust is a part of that foundation, first you write a will, next you establish a trust, and finally you look at limited liability companies and other tax strategies. The bottom line is, if you want to have wealth, you handle your estate the same way the wealthy people do. Living revocable trusts are neat tools, but you can’t rely on your attorney to do everything for you and teach you what to do. You need to understand the tools of wealth and use them correctly.

Free Initial Consultation with Lawyer

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 84088 United States Telephone: (801) 676-5506

Ascent Law LLC

4.9 stars – based on 67 reviews

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The post Estate Planning Attorney Kanab Utah appeared first on Ascent Law.

from Ascent Law https://ascentlawfirm.com/estate-planning-attorney-kanab-utah/

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parklin-law · 2 years

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Assets that Subject to Probate

What Assets Are Subject to Probate in My State?

If you are planning to transfer your assets to someone else, you should know which assets are subject to probate. The probate process is a legal process that ensures the proper distribution of your property according to state law.

Probate

Typically, your personal possessions, household items, and vehicles go through the probate process. However, there are certain assets that you can choose to skip the probate process. These include assets that are jointly owned, such as real estate. Other non-probate assets include life insurance policies and retirement accounts.

Probate does not apply to assets that have a named beneficiary, such as bank accounts. Assets that are titled in a trust name can also be excluded from the probate process.

Some states have simplified their probate procedures, especially for small estates. In such cases, the probate court will only oversee the assets that are subject to distribution in the will.

Consult an Attorney

In some states, a quit claim deed or another form of a testamentary instrument can be used to dispose of a deceased person's belongings. However, this form of inheritance is not without its risks. You should consult a lawyer before signing any document.

Going through probate

Real estate in joint tenancy with the right of survivorship is another type of property that must go through probate. This is most commonly seen in business partnerships. Once one of the owners passes away, the other owners continue to own their share of the property.

Lastly, your assets that are titled in a trust name or in your name only can be excluded from the probate process. These include retirement accounts, life insurance policies, and securities.

Free consultation from one of the best Law Firms

If you have questions, you can get a free consultation with the Best Probate Lawyers.

Parklin Law - Probate Lawyer

5772 W 8030 S, # N206

West Jordan UT 84081

(801) 618-0699

https://parkin-law.business.site/ Disclaimer: This is not legal advice and is simply an answer to a question and that if legal advice is sought to contact a licensed attorney in the appropriate jurisdiction.

#ParklinLaw #ParklinLawUtah #ParklinLawProbate #ProbateLawyerUtah #BestProbateAttorneysUtah #ProbateAttorney

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melissawalker01 · 4 years

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Top Asset Division Divorce Attorney

When a couple is divorcing or separating, they generally have a variety of assets that will need to be divided between them. Assets might include a home or other real property, a business, bank accounts, or retirement accounts.

What Kind Of Assets Are Divided In A Divorce?

• Money: You and your spouse likely have some financial assets. These financial assets generally include bank (your checking and savings), investment accounts, stocks and bonds, mutual funds, and cash. Accounts held in your minor children’s names or jointly with another person should also be considered. You may be able to find a list of all money accounts by reviewing the 1099 Forms used to complete your Income Tax Forms. • Home: Your home is an asset, as is any other real property (property that does not generally move, like land or a building). If you are not sure of what real property you and your spouse own, you may be able to find real property by checking with the Assessor’s office to find out if a deed to the property has been recorded. If you or your spouse owns a business, the real property owned by or through that business is also an asset.

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• Debt Repayment: If you or your spouse loaned money to someone, and you are owed repayment of that debt still, that debt is an asset. • Deferred Compensation: Occasionally, an employee accumulates deferred compensation through his or her employment. This deferred compensation might be a bonus that accrues over time and is paid later (for example, a year-end bonus), an option to purchase stock, or a raise. A contract to perform something for compensation may also be an asset. • Retirement Accounts: Retirement accounts are assets. This includes 401(k) accounts and pensions. The laws are different in every state, so it is advisable to consult a divorce attorney when dividing your retirement accounts, and you should also consult federal tax laws relating to the division of a retirement account. • Business: A business, along with the property owned by that business, including accounts receivable, is an asset. You should consult the laws of your state to determine how a professional practice is valued in a divorce. • Taxes: Tax refunds, or carryover tax losses are also assets that you should keep in mind. There are specific rules for which tax credits you can claim. • Credit Cards: A credit card account can include assets that should be divided. Some credit cards accumulate airline miles or points for other purchases. Those, and your frequent flyer miles, are an asset as well. • Patents, Copyrights, Trademarks, etc. • Vehicles, RVs, Boats, etc.: Because these assets are easily moved, you should document them early in your divorce. • Timeshares • Collections, Antiques, and Artwork: Collections, antiques, and artwork around your house are assets that are sometimes quite valuable. Because these assets may be smaller and easy to move, they are more likely to disappear. You should make a record of them early in your divorce process. • Household Goods and Furnishings: Your regular household goods and furnishings are also assets. In many states, your household goods and furnishings will be valued at “yard sale price.” You should consult the laws of your state to determine how these assets will be valued. • Insurance Policies: Life insurance policies may be an asset. Some insurance policies have a cash value (for example, whole life insurance) because they develop a savings as premiums are paid. For whole life insurance policies, the insured may cash out the policy or take loans on the policy. A term life insurance policy (those policies for only a specific period of time) does not have a cash value, but may be used to secure future support payments.

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• Degree or professional license: If and how degrees and licenses are valued as assets varies by state. Consult your divorce attorney to determine if these are an asset in the divorce. How Do I Know The Value Of My Assets? For some assets, you will be able to determine the value fairly easily (a checking account with a specific amount held in it, for example). For other assets, you may need to have an appraisal performed or to have an accountant determine the value. You should keep in mind whether the cost of an appraisal will be worth your while when valuing your assets. You should also consult the laws of your state to determine what you will need to do in order to be able to present or prove your values to the court. What About High Asset Divorces? If your divorce involves high assets or high net worth, the division of assets will be much more complex. You will need to consult with a divorce attorney who has extensive experience in the protection, valuation and distribution of significant assets.

What Happens in a Divorce?

Although divorce is common throughout the United States, the divorce process varies depending on the couple’s situation. Short-term marriages without children or property typically result in a less complex and time-consuming divorce than long-term marriages with significant property entanglements, marital debt, and minor children. Additionally, divorcing couples who work together to negotiate the terms of the divorce (child custody, child support, property division, debt allocation, and spousal support) will experience a less expensive and less stressful divorce than couples who can’t agree or refuse to work together. Step One: Filing the Divorce Petition Whether both spouses agree to the divorce or not, before any couple can begin the divorce process, one spouse must file a legal petition asking the court to terminate the marriage. The filing spouse must include the following information: • a statement which informs the court that at least one spouse meets the state’s residency requirements for divorce • a legal reason—or grounds—for the divorce, and • any other statutory information that your state requires. Residency requirements vary depending on where you live. States usually require at least one spouse to live in the state anywhere from 3 months to 12 months, and in the county where the spouse files at least 10 days to 6 months before filing the petition. Divorcing spouses must meet the state’s residency requirement before the court can accept the case. Grounds for divorce vary from state-to-state. However, all states offer divorcing couples the option to file a no-fault divorce. No-fault divorce is a streamlined process that allows spouses to file a divorce petition without listing a specific reason or placing blame on either spouse. If your spouse committed marital misconduct or caused the breakup, some states allow parties to claim “fault” for the divorce, like adultery or neglect. If you’re unsure whether you should file a no-fault or fault divorce, contact an experienced family law attorney in your state for guidance.

Step Two: Asking for Temporary Orders

Courts understand that the waiting period for divorce may not be possible for all couples. For example, if you are a stay-at-home parent that is raising your children and dependent on your spouse for financial support, waiting for 6-months for the judge to finalize your divorce probably seems impossible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support. If you request a temporary order, the court will hold a hearing and request information from each spouse before deciding how to rule on the application. The judge will usually grant the temporary order quickly, and it will remain valid until the court orders otherwise or until the judge finalizes the divorce. Other temporary orders may include a request for status quo payments or temporary property restraining orders. Status quo orders typically require the breadwinner to continue paying marital debts throughout the divorce process. Temporary property restraining orders protect the marital estate from either spouse selling, giving away, or otherwise disposing of marital property during the divorce process. Restraining orders are usually mutual, meaning both spouses must follow it or risk being penalized by the court. If you need a temporary order but didn’t file your request at the time you filed for divorce, you’ll need to apply for temporary orders as quickly as possible. When you file for divorce, the court allows you to ask the court for temporary court orders for child custody, child support, and spousal support.

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Step Three: Serve Your Spouse and Wait for a Response

After you file the petition for divorce and request for temporary orders, you need to provide a copy of the paperwork to your spouse and file proof of service with the court. Proof of service is a document that tells the court that you met the statutory requirements for giving a copy of the petition to your spouse. If you don’t properly serve your spouse, or if you neglect to file a proof of service with the court, the judge will be unable to proceed with your divorce case. Service of process can be easy, especially if your spouse agrees with the divorce and is willing to sign an acknowledgment of service. However, some spouses, especially ones that want to stay married or make the process complicated, can be evasive or try anything to frustrate the process. The easiest way to ensure proper service is for the filing spouse to hire a professional who is licensed and experienced in delivering legal documents to difficult parties. The cost is usually minimal and can help prevent a delay in your case. If your spouse retained an attorney, you could arrange to have the paperwork delivered to the attorney’s office. The party who receives the paperwork (usually titled “defendant” or “respondent”) must file an answer or reply to the divorce petition within a prescribed amount of time. Failure to respond could result in a “default” judgment against the non-responding spouse, which can be complicated and expensive to reverse. The responding party has the option to dispute the grounds for divorce (if a fault divorce), the allegations in the petition, or assert any disagreements as to property, support, custody, or any other divorce-related issues.

Step Four: Negotiate a Settlement In cases where the parties have differing opinions on important topics, like child custody, support, or property division, both spouses will need to work together to reach an agreement. Sometimes the court will schedule a settlement conference, which is where the parties and their attorneys will meet to discuss the status of the case. The court may schedule mediation, which is where a neutral third-party will help facilitate discussion between the spouses in hopes to resolve lingering issues. Some states require participation in mediation, while others do not. However, mediation often saves significant time and money during the divorce process, so it’s often a good route for many divorcing couples. Step Five: Divorce Trial Sometimes negotiations fail despite each spouse’s best efforts. If there are still issues that remain unresolved after mediation and other talks, the parties will need to ask the court for help, which means going to trial. A divorce trial is costly and time-consuming, plus it takes all the power away from the spouses and puts it in the hands of the judge. Negotiations and mediation sessions allow the couple to maintain control and have more predictable results than a divorce trial, so it’s best to avoid a trial if possible. Step Six: Finalizing the Judgment Whether you and your spouse negotiated throughout the divorce process, or a judge decided the significant issues for you, the final step of divorce comes when the judge signs the judgment of divorce. The judgment of divorce (or “order of dissolution”) ends the marriage and spells out the specifics about how the couple will allocate custodial responsibility and parenting time, child and spousal support, and how the couple will divide assets and debts. If the parties negotiated a settlement, the filing spouse’s attorney typically drafts the judgment. However, if the couple went through a divorce trial, the judge will issue the final order. When a couple divorces in Utah, they must divide their marital property equitably. If they’re not able to negotiate a settlement, they’ll have to ask the court to divide the marital property. The rule about equitable division doesn’t mean the division must be equal. Instead, the court has wide latitude to decide on a fair division based on each spouse’s contribution to the marital property and on each person’s projected future needs.

Marital Property and Separate Property

In a divorce, the distribution of property depends on which property belongs to the marriage – marital property – and which property belongs to each of the two spouses – separate property. Generally, marital property is property acquired or earned during the marriage, including earned income. Property used for the benefit of the marriage, even if it started out as separate property, may also be considered marital property. Separate property includes anything that belonged to one spouse before marriage and was kept separate throughout the marriage. It could also include property given only to one spouse during the marriage, like a gift made to the husband alone or an inheritance that the wife received from a member of her family. The most common types of property divided at divorce are real property like the family home, personal property like jewelry and clothing, and intangible financial assets like income, dividends, and benefits. All of the marital property must be divided between the spouses when the marriage ends, and marital debts must also be divided. The spouse who owns separate property gets to keep that property–it can’t be awarded to the other spouse.

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Equitable Division of Property

Rather than rely on a hard and fast set of rules when splitting property between spouses, judges in Utah have discretion to consider a variety of factors unique to each marriage. Despite the court’s relative freedom to decide what is fair, it should always consider the length of the marriage and how the spouses acquired the marital property. It should also look at the conditions each spouse will face alone after the divorce, such as medical needs, and childcare costs. Each spouse’s level of education and earning potential are also relevant. Judges may divide property unequally after taking these factors, and others, into account.

Alimony Determined as Part of Equitable Division

In Utah, courts consider alimony as part of the equitable division of marital property. Alimony is a payment from one spouse to the other to help the recipient spouse maintain a lifestyle as close as possible to the standard of living the parties enjoyed during the marriage–and specifically, at the time they separated. If it is more equitable, the court might base alimony on the standard of living at the time of trial. The court also has the option to base alimony on the standard of living at the time of marriage if the marriage was short and there are no children. To determine the amount of alimony due, the court may consider either spouse’s fault in the deterioration of the marriage. The court also evaluates the recipient spouse’s financial resources, earning capacity, and whether that spouse worked in a business owned or operated by the obligated spouse (the one who has to pay). Additionally, the court looks at the obligated spouse’s ability to pay, the length of the marriage, who has custody of the children, and whether the obligated spouse’s earning capacity increased because the recipient spouse contributed to education or training during marriage. If one spouse is at the threshold of a major change in income because of the collective efforts of both spouses, that change also will be a factor in how the court divides the marital property and in the alimony award. Conversely, for a short marriage, the court could attempt to put the spouses back where they started as newlyweds, in terms of financial resources. Generally, alimony payments can last only as long as the number of years the marriage existed.

Marital Settlement Agreements

Throughout the process, divorcing spouses have opportunities to agree between themselves on what is a fair division. They can decide to sell certain assets and divide the proceeds, while allowing each spouse to keep certain other assets. Whatever agreements the spouses make, they can submit a marital settlement agreement to the court and a court will generally accept the agreement without further involvement. On the other hand, if the spouses cannot work together, or if there are certain items of property that they cannot agree on, then the court will decide for them.

Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

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lawofficeofryansshipp · 1 year

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Quitclaim Deeds In Florida

Quitclaim Deeds In Florida Quitclaim Deed Basics A Florida quitclaim deed is a legal document that allows real property to be transferred without any guarantees of title. In Florida, it’s a straightforward and affordable way to transfer whatever title the property owner has to the recipient, also known as the grantee. This type of deed is commonly used in Florida to add or remove family members…

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#Florida Quitclaim Deed Lawyer #Is A Quitclaim Deed Right For Me?#Life Estates Quit Claim Deed Attorneys #Quit Claim Deed Florida Form #Quit-Claim Deed #Quitclaim Deed Basics #quitclaim deed fl #quitclaim deed florida #quitclaim deed lawyer #Quitclaim Deed Lawyers in West Palm Beach Florida #Quitclaim Deeds In Florida #West Palm Beach Quitclaim Deed

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coming-from-hell · 4 years

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Top Asset Division Divorce Attorney

What Kind Of Assets Are Divided In A Divorce?

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What Happens in a Divorce?

Step Two: Asking for Temporary Orders

youtube

Step Three: Serve Your Spouse and Wait for a Response

Marital Property and Separate Property

youtube

Equitable Division of Property

Alimony Determined as Part of Equitable Division

Marital Settlement Agreements

Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

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Ascent Law St. George Utah Office

Ascent Law Ogden Utah Office

The post Top Asset Division Divorce Attorney first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/top-asset-division-divorce-attorney/

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divorcelawyergunnisonutah · 4 years

Text

Top Asset Division Divorce Attorney

What Kind Of Assets Are Divided In A Divorce?

youtube

What Happens in a Divorce?

Step Two: Asking for Temporary Orders

youtube

Step Three: Serve Your Spouse and Wait for a Response

Marital Property and Separate Property

youtube

Equitable Division of Property

Alimony Determined as Part of Equitable Division

Marital Settlement Agreements

Divorce Attorney

When you need a Utah Divorce Attorney, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Apartment Building Investor Attorney

Can An Individual Be A QIB?

Tax Deadlines And Extensions

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Divorce Mediation Salt Lake City

Residential Property Foreclosure

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davidslepkow · 6 years

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Guide to Division of Property in RI Divorce | Who Gets The Property?

Rhode Island divorce lawyer | RI divorce lawyers | divorce in ri

This RI divorce law article was authored by a Rhode Island divorce lawyer. In Rhode Island, all property and assets acquired by the parties during the marriage constitute marital property subject to equitable division by the RI Family Court. (There are certain limited exceptions, some of which are set forth in more detail below) Inheritance and gifts do not constitute marital property in RI subject to being divided unless the parties co-mingle such property. Co-mingling could cause non-marital property to become transmuted to marital property.

RI divorce laws

Assets and property owned by husband or wife prior to the marriage is not marital property subject to equitable division in a divorce in RI by a Rhode Island Family Court judge or General Magistrate. However, the appreciation in value of that account, real estate or property, is marital property. “In order for the appreciation of value of premarital property to be equitably divided, the appreciation must result from the efforts of the spouse who do did not own the asset prior to the marriage.” § 15-5-16.1. Assignment of property.

Rhode Island divorce lawyer, David Slepkow authored this informative RI divorce law article. This legal article explains: what is marital property in a divorce in Providence Family Court. RI family court attorney, Slepkow also explains what constitutes non- marital property in Rhode Island. Divorce in RI and RI divorce laws are a serious matter and you should consult with a RI divorce lawyer about your case to get legal advice.

Marital and non-marital property in RI

In Rhode Island, all property and assets acquired by the husband and wife during the marriage constitute marital property subject to equitable division by the Family Court. (There are certain limited exceptions, some of which are set forth in more detail below) Inheritance and gifts do not constitute marital property in RI subject to being divided unless the parties co-mingle such property. Co-mingling could cause non-marital property to become transmuted to marital property.

A transmutation of non-marital property to marital property could occur if a person puts the other spouse’s name on a bank account or brokerage account or transfers title to real estate via a quit claim deed.

Personal Injury settlements in RI | divorce in ri

Personal injury settlements or judgments, in Rhode Island, relating to pain and suffering, disability and certain types of disability pensions are not marital property. However, portions of injury settlements pertaining to lost wages during the marriage and medical bills expended during the marriage or other similar such damages, constitute marital property subject to equitable division. Please contact a Rhode Island divorce lawyer for a more detailed explanation. For a more in depth explanation of whether injury awards are marital property in RI, please see also https://rhodeislanddivorcelawyerarticles.com/are-personal-injury-awards-marital-property-in-a-ri-divorce/

Is premarital property subject to equitable division of assets in Providence Family Court?

Assets and property owned by husband or wife prior to the marriage is not marital property subject to equitable division by a Rhode Island Family Court judge or General Magistrate. However, the appreciation in value of that account, real estate or property, is marital property. “In order for the appreciation of value of premarital property to be equitably divided, the appreciation must result from the efforts of either spouse during the marriage. This provision requiring that the appreciation result from the efforts of the either spouse is often loosely applied in Rhode Island Family Court, especially in marriages of long duration.” See also: http://www.hg.org/article.asp?id=18610

For example, if husband owned investment multi-family real estate before the marriage and the real estate appreciated during the marital union then such appreciation may be divided by a RI Family Court Justice if wife can show that the appreciation is active appreciation as a result of the efforts of either party.

Is property divided half to the wife & half to husband in a divorce in Rhode Island?

No, not in every case. If you and your spouse cannot agree on how to divide marital assets then contact a divorce attorney in Rhode Island.

How can fault be relevant in a divorce in Providence Family Court?

Even though Rhode Island and Providence Plantations is considered a no-fault state, fault allegations (if they can be proved) can play a significant role in how the Rhode Island Family Court equitably divides the debts and property of the marriage. The Providence Family Court Judge or General Magistrate must first determine what property constitutes marital property under RI law. Once that is determined, the RI Family Court Justice will analyze numerous factors set forth in R.I.G.L. 15-5-16.1 to establish the division of marital property.

The RI domestic court may review these factors set forth in the law, to determine equitable assignment of the property: a) The length of the marriage b) The conduct of the parties during the marriage c) The contribution of each of the parties during the marriage in the acquisition, preservation or appreciation in value of their respective estates d) The contribution and services of either party as a homemaker e) The health and age of the parties f) The amount and sources of income of each of the parties g) The occupation and employ-ability of each of the parties h) The opportunity of each party for future acquisition of capital assets and income. These factors are among other factors in R.I.G.L. 15-5-16.1.

The RI equitable distribution law specifically declares that the RI Family Court may consider any factor which the court so expressly finds to be just and proper.

Please note that in many cases the parties decide to divide the property 50% to the wife and 50% to the husband. One of the most important factors the judge will look at in granting the husband or wife a disproportionate share of the marital assets is if the other party cheated, was emotionally or physically abusive or had substantial drug and alcohol problems.

The court will also look at other negative, antisocial, harmful or deleterious conduct in awarding a disproportionate share of the marital assets. It is not uncommon for a judge to award a 60/40 or 55/45 distribution if the court finds that one party had an extra marital affair and that affair led to the breakdown of the marriage.

Can the Providence Family Court defer the sale of the marital home for the best interest of the children?

If husband or wife demands a deferred sale of the former marital domicile, then the Providence Family Court must make findings of fact whether or not it is economically feasible for the spouse who is residing in the real property to pay the mortgage, liens, taxes and insurance on the house until the home is sold at some point in the future. In making its determination of this important issue, the Rhode Island Family Court will examine at the income of the resident parent, any alimony the parent receives, child support and other source of income to make those payments. The purpose of this RI law is to prevent foreclosures, uninsured property, and deterioration of the marital home and to protect the other spouse’s equity in the real estate.

After the Newport Family Court determines that it is “economically feasible” for the parent to remain in the house with the minor children or child in a Rhode Island divorce , the Newport Family Court will decide whether it is in the best interests of the minor child to stay in the house. The Family Court in Rhode Island will use its discretion in making this determination. For more a more detailed explanation of deferred sale of the former marital domicile please click on this article.

Is the appreciation of a gift or inheritance subject to equitable division by a Providence Family Court Judge?

No. Pursuant to Rhode Island divorce law, appreciation of inheritance or gifts during the course of the marriage is not subject to equitable distribution

Many people are searching the internet trying to get information about Rhode Island divorce court and trying to obtain Rhode Island divorce forms. Some people are seeking info on how to file for a divorce in RI or contested divorce in RI. Most people are unaware that it seems that the majority of divorces are uncontested. Many people do not know that there is a 3 month waiting period after the divorce hearing until a litigant can get a Rhode Island divorce final decree otherwise known as a final judgment of divorce.

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Divorce Statistics:

“At the time of their divorce, 76 percent of people ages 40 to 79 who divorced later in life had children, the majority of whom were under 18 years old. Although more than a third of those with children (37%) report that their children were supportive, and an additional 17 percent say that their children were “OK” with it, 28 percent recall that their children were somewhat upset, and 18 percent say their children were very upset, about their divorce.” The Divorce Experience A Study of Divorce at Midlife and Beyond Conducted For AARP The Magazine Report by Xenia P. Montenegro, PhD National Member Research, Knowledge Management Survey conducted by Knowledge Networks, Inc. http://assets.aarp.org/rgcenter/general/divorce.pdf

“No one enters into a marriage expecting it to fail. Still, more than 20 percent of first marriages end in divorce within five years, and 48 percent of marriages dissolve by the 20-year mark, according to 2006-2010 data from the government’s National Survey of Family Growth.1 Separation and divorce are emotionally difficult events, but it is possible to have a healthy breakup.” Healthy Divorce http://www.apa.org/helpcenter/healthy-divorce.aspx

Please contact Rhode Island divorce attorney, David Slepkow for legal representation in your RI divorce. More information

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melissawalker01 · 4 years

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Utah Real Estate Code 57-1-12.5

Utah Real Estate Code 57-1-12.5 Form Of Special Warranty Deed — Effect.

(1) Conveyances of land may be substantially in the following form: SPECIAL WARRANTY DEED ____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants against all who claim by, through, or under the grantor to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the property). Utah Code Page 5 Witness the hand of said grantor this __________(month\day\year).

(2) A special warranty deed when executed as required by law shall have the effect of: (a) a conveyance in fee simple to the grantee, the grantee’s heirs, and assigns, of the property named in the special warranty deed, together with all the appurtenances, rights, and privileges belonging to the property; and (b) a covenant from the grantor, the grantor’s heirs, and personal representatives, that: (i) the granted property is free from all encumbrances made by that grantor; and (ii) the grantor, the grantor’s heirs, and personal representatives will forever warrant and defend the title of the property in the grantee, the grantee’s heirs, and assigns against any lawful claim and demand of the grantor and any person claiming or to claim by, through, or under the grantor.

(3) Any exceptions to a covenant described in Subsection (2)(b) may be briefly inserted in the deed following the description of the land.

Special Warranty Deed

A special warranty deed (also called a grant deed, covenant deed, or limited warranty deed) is a deed form that transfers property with a warranty of title limited to the period when the signing owner owned the property. A special warranty requires special language to ensure that the deed qualifies. This language is automatically included in all of our deeds.

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How a Special Warranty Deed Works

A special warranty deed transfers title from one owner (called a grantor) to another owner (called a grantee). The title is transferred with a limited warranty of title. By signing the deed, the grantor promises that—for as long as the grantor has owned the property—nothing has happened that would cause title issues for the grantee. This promise also extends to others that may acquire title through the grantee. The grantor makes no promises about what may have happened before the grantor owned the property. Special warranty deeds place some risk on the grantor and some risk on the grantee. The grantor is legally responsible for any title issues that arose while the grantor owned the property. The grantee assumes the risk of any title issues that arose before the grantor owned the property.

Other Names for Special Warranty Deeds

Of all of the types of deeds, special warranty deeds have the largest variety of names. Depending on the state, special warranty deeds may be called grant deeds, covenant deeds, statutory warranty deeds, or limited warranty deeds. Each name refers to essentially the same document: A deed that makes the grantor responsible for title issues but limits the grantor’s liability to the period when the grantor owned the property.

The designation of a deed as a special warranty deed identifies the warranty of title. The warranty provided by a special warranty deed is limited in the sense that it only covers the period when the grantor owned the property. By dividing risk between the grantor and grantee, the limited warranty of title provided by a special warranty deed provides a middle ground between quitclaim deeds and warranty deeds.

• A quitclaim deed (also known as a quit claim deed and sometimes erroneously called a quick claim deed) provides no warranty of title. Because a special warranty deed provides a limited warranty of title, it provides more protection than a quitclaim deed.

• A warranty deed (also called a general warranty deed) provides a full warranty of title that extends to all time, including the period before the grantor owned the property. A special warranty deed does not provide this much protection. It only covers the period when the grantor owned the property.

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In the sale context, the protection provided by the special warranty title has been supplemented and sometimes replaced by title insurance. Title insurance allows the grantor to avoid the risk of unknown title issues and provides the grantee with the protection of a solvent financial institution to look to if title issues arise. Special warranty deeds also differ from estate planning deeds, including life estate deeds, lady bird deeds, and transfer-on-death deeds. Each of these deeds is named after the estate planning and probate avoidance benefits it provides. Special warranty deeds, in contrast, are named after the warranty of title they provide.

Common Uses of Special Warranty Deeds

Special warranty deeds are often used in negotiated situations, where the grantor is uncomfortable with the liability associated with a warranty deed and the grantee wants more protection than a quitclaim deed. Common uses include: • Transferring real estate to a trust—like a living trust—that the transferor controls or benefits from; • Transferring real estate to a business—like a limited liability company—that the transferor owns; • Selling commercial or multi-family residential property; • Transferring property to a new owner that is purchasing title insurance on the property and is not concerned with the limited warranty of title; or • In other circumstances where the current owner does not want to be legally responsible for problems with title that arose before the current owner owned the property.

How to Create a Special Warranty Deed

The legal basis for the validity of a special warranty deed depends on state law. In some states, a specific statute authorizes the creation of a special warranty deed. In others, special warranty deeds (called covenant deeds in) are accepted under common law. Even in states that provide statutory language, the deed must take into account the other elements of a deed. These features include: • A valid legal description; • A statement of the consideration changing hands or statement that the deed is without consideration; • If there is more than one grantee, a statement of the manner in which the grantees will hold title; • Recording requirements, including the correct font size, page margins, and other page format requirements; and • Signature blocks and notary acknowledgments that comply with the statutory format. When creating special warranty deeds, it is important to understand the legal basis and create a deed that meets the requirements of that state. Using a generic form is dangerous. A special warranty deed that is valid in one state may be a crime in another state. For example, Utah law makes it a crime to use the word “warranty” in any deed that does not convey a full warranty of title. An uninformed property owner using a generic, fill-in-the-blank form for a special warranty deed could become criminally liable for including the wrong language. Each deed created by our deed preparation service was designed by attorneys to comply with the requirements of the state where the property is located.

What Must Be Included in a Special Warranty Deed

Any type of deed has to contain the following information to be legal: • Name and address of the person conveying the property, also known as the grantor • Name and address of the person receiving the property, also known as the grantee • Legal description of the property (which could be a description of property lines or a lot number), which you can find on the previous deed • Statement that the grantor intends to convey the property to the grantee

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To qualify as a special warranty deed, it must also say that: • The grantor is the legal owner of the property and has the legal right to transfer the property. • There are no outstanding claims against the property by any creditor or anyone else that were instituted during the grantor’s ownership period. • The grantor guarantees he or she has clear title only during his or her period of ownership and, if there is a problem with title during that period, the grantee is not entitled to compensation from the grantor. The guarantee does not cover the time period before the grantor owned the property. When a Special Warranty Deed Is Used A special warranty deed is common when a house has been foreclosed on by a bank because the previous owner did not pay their mortgage. The bank forecloses on the property and then sells it to a new buyer. The special warranty deed that the bank provides to the new buyer provides no protection for the period of time before the bank took ownership of the property.

Special Warranty Deed and Title Insurance

When a buyer purchases property under a special warranty deed, there is the possibility that a prior creditor or owner could make a claim against the property. The best way to protect yourself as a buyer is to buy title insurance when you purchase the property. The title insurance company will research the title to ensure it is clear and then provide insurance so that you have protection should there ever be an old claim that is brought against your title. A special warranty deed provides the buyer with some guarantees about title, but it does not offer complete protection. However, these types of deeds can be acceptable if other protections are put in place. You can find the right form to use by searching online for “special warranty deed” and your state’s name. If you want help in creating a special warranty deed or any other type of deed, you can use an online services provider to help ensure that everything is completed and filed properly. To own a property, you need specific real property documents to support your rights to the property. Real property includes any structures on the land, any person’s rights and interests related to the property, and natural parts of the land. As a property owner, it is important to understand what documents you need to verify your ownership.

Why Do I Need Proof of Ownership?

Proof of ownership is how you claim the rights to a certain property. In the late 1800s, proof of ownership expanded from a local matter to a national one, when the federal government created specific regulations for the process. By making it national, the process became simpler, and gave property owners an easy way to prove their rights.

A warranty deed is one type of proof of ownership; it shows the name of the owner and gives a brief description of the property. The previous owner or party granting you ownership signs the warranty deed, showing your rights to the property. A quitclaim deed is the other main type of property deed. Warranty deeds are the most common property deed for people to have but you can also have a quitclaim deed, which also proves ownership but can express that only the current owner has rights over certain parts of the property.

Bill of Sale

A bill of sale is another document that can serve as proof of ownership; it comes from the previous owner and shows the transfer of ownership. The bill of sale is essentially the receipt for the sale. It usually serves as the primary proof of ownership until the deed can be officially notarized.

Recorder’s Office

When you get ownership interest in land, you should record the documents and deed at the local recorder’s office so that the information is available to the public. Because it is a public record, you can purchase copies of the record at any time. The record can serve as proof of ownership.

Deed of Trust

Some states require lenders to create a deed of trust when someone receiving a loan buys property using a mortgage. The trustee holds the property deed until the property owner can pay off the mortgage debt. The land owner can get a copy of the deed of trust, even if they have not yet finished paying off the debt. Though the deed of trust shows that the borrower does not have full ownership, it is proof that they will have ownership when they complete payment of the mortgage. A copy of a deed of trust is also available at the recorder’s office.

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Some states have lenders create mortgage notes to secure a debt. The property owner gets the title to the property during closing and the person selling the property transfers ownership without needing to use a deed of trust. A mortgage note indicates that you own a property that has a mortgage lien. You can receive a satisfaction of mortgage letter when you finish paying off the mortgage debt. You can use it as proof that you own property.

Losing a Property Deed

If you lose your proof of ownership, you must get new documentation as soon as possible. While losing the property deed does not mean you lose the property, it can cause complications with your rights. You can get a new copy of the deed at your local county clerk’s office and have it notarized.

The process of establishing proof of ownership involves a series of steps. It also depends largely on the type of property and your relationship to the person claiming it. If you are the original owner and have been reported as the property owner, there are certain documents you must provide to prove it. Some of the documents include: • Copy of driver’s license or another photo ID • Copy of proof of Social Security number • Proof of association with the property’s address such as a utility bill or driver’s license with that address • Proof of business dealings between you and the reporting company

If you are claiming on behalf of a minor, are a guardian or trustee of the reported owner, or the heir of the deceased property owner, you must provide documents such as: • Driver’s license and proof of Social Security number • Proof of identity and ownership from the reported property owner If there is more than one owner, each person much provides their personal information. Someone claiming on behalf of a minor must show the minor’s birth certificate. A guardian must have a copy of the legal letters of ownership. Heirs must have a copy of the deceased person’s death certificate, will, letters of administration, current Letters Testamentary, or copy of the trust agreement.

Utah Real Estate Lawyer

When you need legal help for Utah Real Estate Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

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lawofficeofryansshipp · 2 years

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Florida Lady Bird Deed vs. Life Estate Deed: What's the Difference?

Florida Lady Bird Deed vs. Life Estate Deed Florida Lady Bird Deed Have you heard of the Florida Lady Bird Deed? It’s a pretty interesting legal document that allows property owners to transfer their property to someone else while retaining the right to live in the property for the rest of their life. This is also called an “enhanced life estate deed.” The Lady Bird Deed is named after Lady Bird…

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coming-from-hell · 4 years

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Utah Real Estate Code 57-1-12.5

Utah Real Estate Code 57-1-12.5 Form Of Special Warranty Deed — Effect.

(3) Any exceptions to a covenant described in Subsection (2)(b) may be briefly inserted in the deed following the description of the land.

Special Warranty Deed

youtube

How a Special Warranty Deed Works

Other Names for Special Warranty Deeds

youtube

Common Uses of Special Warranty Deeds

How to Create a Special Warranty Deed

What Must Be Included in a Special Warranty Deed

youtube

Special Warranty Deed and Title Insurance

Why Do I Need Proof of Ownership?

Bill of Sale

Recorder’s Office

Deed of Trust

youtube

Losing a Property Deed

Utah Real Estate Lawyer

When you need legal help for Utah Real Estate Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-34.5

Lindon Utah Foreclosure Lawyer

Tax Identity Theft Law

Living Together Contracts

Toxic Mold Law

Hotel Owner Liability

The post Utah Real Estate Code 57-1-12.5 first appeared on Michael Anderson.

Source: https://www.ascentlawfirm.com/utah-real-estate-code-57-1-12-5/

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divorcelawyergunnisonutah · 4 years

Text

Utah Real Estate Code 57-1-12.5

Utah Real Estate Code 57-1-12.5 Form Of Special Warranty Deed — Effect.

(3) Any exceptions to a covenant described in Subsection (2)(b) may be briefly inserted in the deed following the description of the land.

Special Warranty Deed

youtube

How a Special Warranty Deed Works

Other Names for Special Warranty Deeds

youtube

Common Uses of Special Warranty Deeds

How to Create a Special Warranty Deed

What Must Be Included in a Special Warranty Deed

youtube

Special Warranty Deed and Title Insurance

Why Do I Need Proof of Ownership?

Bill of Sale

Recorder’s Office

Deed of Trust

youtube

Losing a Property Deed

Utah Real Estate Lawyer

When you need legal help for Utah Real Estate Lawyer, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

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

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Utah Divorce Code 30-3-34.5

Lindon Utah Foreclosure Lawyer

Tax Identity Theft Law

Living Together Contracts

Toxic Mold Law

Hotel Owner Liability

The post Utah Real Estate Code 57-1-12.5 first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/utah-real-estate-code-57-1-12-5/

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megcapulet · 5 years

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Behind bars || Mez

Who: Megan Capulet and Oz Montague @ozmontague

Where: Verona Prison

When: 6th November 2019

Notes: Megan visits Oz to try and get some answers (unfinished).

Megan had hoped after the last visit to the jail she was prepared for what was to come. If anything she was relieved that Oz had agreed to see her and that Tybalt hadn’t forbidden her from attending because regardless of what bravado she pretended to have if he had refused to allow her then she would have been forced to cancel. While she felt the security he insisted on sending with her was unnecessary her thoughts changed when she arrived at the prison, a far more intimidating place than the jail had been.

The building was bigger, the guards all appeared massive and the security checks that she had to go through to get into the visiting area were far more thorough but she tried not to let it bother her. It wasn’t until she was led into the room where she was finally going to see Oz that the full reality of the situation hit her. She was told to take a seat and the glass partition in front of her made her want to scream. Taking in the rest of the room she knew she needed to calm herself down so she focused on her breathing, praying silently that she could hold it together.

Oz:

Oz felt despair like he had experienced at no time before in his life. As a child, life had been difficult and occasionally brutal. But he had his sister, Nox and even the occasional adult who took an interest. As an adult, he had experienced many challenges but he always had the net that was the Montague family. Leading them had honed his purpose and provided him a reason to work through his darkest moments, such as when his one and only attempt at a claim had failed so dramatically and painfully. Now, to know that people thought him capable of this … the murder of an innocent submissive … it broke something in him.

As he was escorted into the visitor’s room, he slid into the stool and looked through the glass at Megan but it was a hollow version of the man he used to be. Taking a breath, he picked up the receiver and waited until she did the same. “Hello Megan.”

Megan:

There was something so different about the man who vwalked towards her. She could tell herself that it was the situation, the totally unnecessary glass separating them or the clothes he was wearing but she knew that wasn’t it. There was a change in the way he presented himself, not the confident and assured figure she knew so well. He looked smaller somehow and the anger that she had felt, the things she wanted to say to him melted away and she desperately just wanted to hold him though she knew that there was no possibility of that.

“Hello Sir,” she replied. Not Master, that was no longer appropriate but the fact she chose not to use his name surprised her. Maybe in some small way she wanted to emphasise that he was still a Dominant, however changed he appeared. “Thank you for seeing me. I really appreciate it.”

Oz:

The title surprised him but Megan had always possessed an elegant manner. It was one of the reasons he had been drawn to her. One of many. His lips curved into a small smile although there was a lack of warmth or light in his typically bright gaze. “I have to admit that I was surprised to get your letter. I am …” He choked on the word slightly, clearing his throat, “so sorry for the pain you must be enduring. Are you well? Have you been taking your medication?” He couldn’t stop himself from asking. He could never stop worrying about her.

Megan:

Her face must have shown the confusion she felt as he immediately apologised to her. That had not been what she expected. Before she could respond though he asked after her health and her body tensed. Taking a second she smiled weakly, “I’ve erm...I had a bit of a set back. I was back in hospital for a few days but I’m fine now. They just changed my medication again.” She looked over at him as she said the words, knowing she could never lie to him and that to sit here and say anything else, for him to know she was lying would be worse than just admitting the truth.

Oz:

Oz sighed, “I was worried about that. I am glad they are monitoring it well. I hope you are remembering to take the recovery time you need.” He offered up quietly, knowing damn well she didn’t listen to him about that when they were together so he had even less expectation now that she would do as he asked. He loathed the partition. He missed the very scent of her and in this place, he couldn’t see that silken skin so close to his own. Or smell her subtle perfume. Sighing again, he continued, “You asked to see me so I am assuming it has something to do with you entering a new claim. I hope you know I only want you to be happy Megan. You don’t need anything from me to have that …” He smiled, this time more genuinely, “You never really did need much from me. Good thing too because I don’t have anything left.”

Megan:

“I have several people forcing me to do as my doctor orders,” she sighed though there was a slight lilt of laughter behind it. “Disadvantage of living at the Estate is there is always someone there.” He had already surprised her with his earlier questions but nothing shocked her as much as the assumption he had reached and she quickly shook her head. “I’m not entering a claim. My relationship ended several months ago.” She bit down on her lip as she considered how much to say but in the end chose not to elaborate further. “I was given back the deeds to the lodge and the villa,” she said instead after a moment. “You kept them in my name?”

Oz:

Oz’s smile warmed as he nodded, “Sounds like what you need.” He murmured, shaking his head. “Disadvantage? More like where you should be right now. With family.” That fundamental division had never been sorted in their claim. His family was never her family. “Oh… I apologize. I have to admit I am surprised.” He nodded, “I bought them for you. I was advised by the real property lawyers that I would need a signed power of attorney from you to sell them but I just … couldn’t do it.” He swallowed hard, “Of course, now you can do as you wish with them. Sell them, burn them down, whatever you wish. They were always yours.” he acknowledged with a nod. He had never been able to sell those properties, particularly the lodge as it brought back so many memories. The summer house was purchased with some hope for their future and when it all came crashing down, it had hurt to even look at that particular sheif of documentation. All that optimism crushed under the weight of the realization that he had not and would never be enough for her.

Megan:

“We discovered that we were fundamentally incompatible, it was better to end as friends than……” She didn’t finish the sentence, the words were too painful. His practical explanation over the properties was understandable but stung. In her head he had kept them because of the sentiment but she had been fooling herself again. Of course they had been retained for legal reasons, though she scoffed laughingly at his suggestions. She knew she could never visit the villa, she had planned a trip there for them together but it never happened and the mere thought of the place was tainted. Megan had already decided that she would sell it as soon as she could but the lodge presented more of an emotional connection that she still hadn’t dealt with or decided on.

His somewhat clinical reply reminded her of something else she needed to understand and she paused for a moment before she spoke. “I need to know, to understand why you didn’t testify at your trial. You watched me be grilled on our relationship, details of how I feel about you displayed for everyone. All those others who spoke in your defence. I don’t understand why you didn’t speak up. Why wouldn’t you tell them your side? That you never did her any harm?” Her gaze sought out his steel eyes, “Please, I need to understand.”

Oz:

“I’m sorry to hear that Megan. Truly. I thought you were in a good place.” He murmured quietly, frankly a bit surprised that it had not worked out better for the submissive. “But then again, you were always fine on your own and I’m sure you are doing well now. As soon as all this dies down, you can go back to your regular life.” Oz assured. That was what he needed to believe. That Megan wouldn’t be embroiled in this nightmare any longer than she needed to be.

The question surprised him, “I appreciate your testimony. Everyone was so …” His mind flashed to Posey Capulet’s hysterics on the stand and a piece of him wondered if he was more the monster the Prosecutor claimed him to be. “There were two reasons …. I was advised by several competent lawyers that doing so would not improve my case or its outcome. Also … and most pressingly, I could not subject myself to cross-examination on Montague affairs. I quite simply had a great deal of information that revealing would hurt the family.” He met her eyes and a glimmer of the man he used to be resurfaced for a moment, “The family comes before everything, even me.” He broke the eye contact and looked down again, “I am sorry if you felt humiliated by revealing so much personal information with no reciprocal moment from me. Is there something you wanted to know?”

Megan:

“Yes, things will settle soon and I will be able to return to my apartment,” she agreed. There was no point arguing the rest. He had told her the last time he wanted to imagine her happy and settled so she was content to let him. She could cope on her own but it didn’t make her happy. However with each failed relationship she was beginning to think that there was something wrong with her and that she would be better just staying alone. However she did not share any of that with Oz. The news of her relapse had been enough negative news for the one visit.

Her gaze met his as he explained the reasoning and she had to confess she had never anticipated the Montague family to be the reason he didn’t speak. The annoyance that she had felt over him not defending himself ebbed away a bit more as she knew what he said was true, family came before everything. “I’m sorry, I didn’t think about that,” she confessed quietly, appreciating again the massive role he had held.

Megan watched him for a moment as she considered what she did want to know. “You don’t have to apologise to me. I should be apologising to you. As I said in my letter I’m sorry my words were not enough to convince them. There is no way you would have harmed her.” Brushing her hair back from her face she could feel her nerves gripping her but she wanted to say it, “I can’t begin to imagine how you felt about the whole pregnancy thing either. You didn’t deserve any of that. It was such a cruel ….trick isn’t even the right word, I don’t know what is.”

#ftf:oz #oz #chatzy:behind bars #behind bars #chatzy:oz #chatzy

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melissawalker01 · 4 years

Text

Utah Real Estate Code 57-1-12

Utah Real Estate Code 57-1-12 Form Of Warranty Deed — Effect.

(1) Conveyances of land may be substantially in the following form: WARRANTY DEED ____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises). Witness the hand of said grantor this __________(month\day\year). (2) A warranty deed when executed as required by law shall have the effect of a conveyance in fee simple to the grantee, the grantee’s heirs, and assigns: (a) of the premises named in the warranty deed; (b) of all the appurtenances, rights, and privileges belonging to the premises named in the warranty deed; and © with covenants from the grantor, the grantor’s heirs, and personal representatives, that: (i) the grantor lawfully owns fee simple title to and has the right to immediate possession of the premises; (ii) the grantor has good right to convey the premises; (iii) the grantor guarantees the grantee, the grantee’s heirs, and assigns in the quiet possession of the premises; (iv) the premises are free from all encumbrances; and (v) the grantor, the grantor’s heirs, and personal representatives will forever warrant and defend the title of the premises in the grantee, the grantee’s heirs, and assigns against all lawful claims whatsoever. (3) Any exception to the covenants described in Subsection (2)© may be briefly inserted in the warranty deed following the description of the land.

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Warranty Deed

A warranty deed (sometimes called a general warranty deed) is a form of deed that provides a full guarantee of title to real estate. This guarantee covers acts taken by all previous owners in the chain of title. A warranty deed requires special language to ensure that the deed meets state requirements. This language is automatically included in all of our warranty deed forms.

How a Warranty Deed Works

A warranty deed transfers property from the current property owner (grantor) to one or more new owners (grantees). By signing the warranty deed, the grantor guarantees the grantee against all title issues, regardless of when they arose. This guarantee is not limited to the time when the grantor owned the property. Even if the title issue was caused by someone who owned the property before the grantor, the grantor is legally responsible.

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Other Names for General Warranty Deeds

A warranty deed is sometimes called a general warranty deed. Using the word “general” distinguishes a general warranty deed from other deeds that provide a limited warranty, like special warranty deeds, statutory warranty deeds, or limited warranty deeds. As a practical rule, though, the terms warranty deed and general warranty deeds are interchangeable. Relationship of General Warranty Deed Form to Warranty of Title The name warranty deed identifies the deed as one that conveys a full warranty of title. In most states, this full warranty of title includes these six guarantees, known as covenants of title: • That the grantor has the legal right to convey the property and has not agreed to transfer it to anyone else (covenant of right to convey); • That the grantor owns or has a legal interest in the property (covenant of seisen); • There are no encumbrances that than those that have been disclosed (covenant against encumbrances); • That the grantee and anyone who buys or inherits the property from the grantee will be able to enjoy the property without being interrupted by someone else that claims to have superior title and that they will not be forcibly removed from the property or lose possession of it (covenant of quiet enjoyment); • That the grantor will protect the grantee if someone else claims to have superior title to the property (covenant of warranty); and • That the grantor will take whatever actions are necessary to fix any problems with the grantee’s title to the property (covenant of further assurances). Most states recognize all six covenants, but in some states—like Ohio—warranty deed does not include the covenant of further assurances. The grantor is responsible for any breach of these covenants, even if the breach was caused by something that happened without the grantor’s knowledge and before the grantor owned the property. Warranty deeds place the risk on the grantor. The grantor could be responsible for unknown title issues caused by someone else. To mitigate against this risk, title insurance is used in most transactions involving warranty deeds. Purchasing title insurance shifts risk to the title insurance company instead of the grantor. It also helps ensure that a full title search is performed and that all foreseeable title issues are addressed and resolved before the deed is signed.

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Comparison of Warranty Deeds to Other Forms of Deeds

The warranty of title is about risk allocation. A warranty deed allocates all risks to the grantor. The grantor is responsible for all title issues regardless of when they arose. Other forms of deeds provide less risk to the grantor. These deeds include: • Special warranty deeds—also known as grant deeds, covenant deeds, statutory warranty deeds, or limited warranty deeds—which limit the warranty to the period when the grantor owned the property; and • Quitclaim deeds—also known as quit claim deeds—which provide no warranty of title. The name warranty deed deals with the warranty of title. Some deeds are named after features other than the warranty of title. Life estate deeds, lady bird deeds, and transfer-on-death deeds are all named after estate planning and probate avoidance features. Because these names relate to different features, two names may apply to a single deed. For example, a single deed may be both a quitclaim deed and a lady bird deed. Common Uses of General Warranty Deeds Because of the risk that warranty deeds allocate to the grantor, they are usually used in the sale context when the buyer or seller will purchase title insurance on the property. The purchase of title insurance protects the buyer while lessening risk on the seller. Warranty deeds are rarely used outside of the sale context. If a grantor is giving property away, the grantor is usually not comfortable providing a full warranty of title that would make the grantor liable for unknown title issues. This is especially the case if the parties will not purchase title insurance as part of the transfer. How to Create a General Warranty Deed Each state’s laws apply to warranty deeds used in that state. In some states, the warranty provided by a warranty deed is rooted in common law. The actual form of the warranty deed is derived from the common law and from customary real estate practice in that state. In other states, a specific statute authorizes the use of warranty deeds. In these states, the statute will usually contain specific language that must be included in the vesting paragraph. The warranty is only part of the deed. The deed must also contain other customary elements, including: • An accurate legal description of the property (usually the same one used in the prior deed); • A recitation of consideration paid as part of the transfer, if any; • If more than one grantee will own the property, a description of the way that the grantees will hold the title; • The font size and page format required to meet the state’s recording laws; and • Signature and notary requirements that track the statutory form for validity. The warranty deed should be created with each requirement in mind and use precise language. Imprecise language can seem harmless to a layperson but may have legal consequences. In some cases, using the wrong warranty language can even result in criminal liability. Each deed prepared by our deed preparation service was designed by attorneys with each legal requirement in mind and uses the right language for the warranty of title. How to Get A Warranty Deed And Transfer Property Rights A warranty deed is a legal document that people use to transfer property. A warranty deed states that a property owner has sole claim to the property – in other words, that no other entity has a lien on the piece of land or home. In a warranty deed, one will include a legal description of the property, the name of the person transferring the property (grantor), the name of the person taking ownership (grantee), and details of the ownership transfer. It is necessary to use a warranty deed to secure the grantee’s legal ownership and claim to the property. Warranty Deed vs. Quitclaim Deed Warranty deeds and quitclaim deeds are often used in conjunction with one another. Yet these two deeds are very different. A quitclaim deed, or a non-warranty deed, offers much less legal protection than a warranty deed. Two or more parties who are in a personal or professional relationship tend to use quitclaim deeds, often when the property isn’t sold. A quitclaim gives the new owner no legal recourse against the grantor if the property has an issue. You would not want to use a quitclaim deed to transfer property to a stranger or if there is any chance of legal matters down the road. A warranty deed gives the property purchaser much more protection. With a warranty deed, the person purchasing the property has legal protection from any prior liens, claims, or demands against the property that occurred in the past. The new owner has full rights to the property, and can sell it if desired. Receiving a warranty deed guarantees that there are no liens or encumbrances on the property. The new owner will receive proof of all previous titles. Warranty deeds are most appropriate during traditional property sales, whereas quitclaim deeds are used most often among family members, beneficiaries, and heirs.

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Types of Warranty Deeds

Within the two main types of deeds, warranty and quitclaim, there are other categories. A general warranty deed provides maximum protection to the grantee. It is a document that states the grantor is the rightful owner, he/she has the right to transfer the property, the land has no outstanding claims from lenders, and someone with a better claim to the title can’t take the property. Traditional warranty deeds come with title insurance policies to protect the grantee from ownership disputes. Aside from a general warranty deed, there are: • Special warranty deed. This type of deed does not guarantee that the owner will enjoy the property claim-free for life. Instead, it ensures that the property is currently claim-free for the amount of time that the current owner has had the title. If claims crop up in the future, the grantee does not have the right to pursue claims against the grantor for compensation or legal solutions. • Grant deed. A grant deed is similar to the general warranty deed. Depending on the jurisdiction, a landowner may use a grant deed instead of a warranty for basically the same protections. Grant deeds transfer property from the grantor to the grantee with warranties that no one else has a claim to the land, and that there are no liens or restrictions. The only protection it doesn’t have, compared to the general deed, is safety against third-party claims. • Bargain and sale deed. This deed does not offer any warranties against encumbrances on the property. It merely implies that the grantor has the title to the property, not that the title is free from defects. If ownership and claim problems occur down the road, the grantee could be in trouble with a bargain and sale deed. Foreclosure actions frequently use this type of deed. Understanding a Property’s Title The title to a property isn’t actually a document. The title is essentially a report of the chronological history of ownership of the property. Each time a deed is used to transfer ownership, the transaction becomes a part of the chain of title. Additionally, mortgages loans and miscellaneous liens filed against the property are included on a title report. Title searchers use the recorded documents found in the county system to compile the report. The most current deed transaction determines identifies the legal owners of the property. Owners are considered to hold a “free and clear” title when no outstanding mortgage loans or other liens exist against the property. Errors in the Title When a mortgage loan is used to purchase a home, the lender requires the borrowers to buy a title insurance policy. The policy protects against errors in the title report or issue that was overlooked, such as a lien filed improperly or unrecorded deed. Title insurance only benefits the lender. It’s sometimes customary for the seller to offer to pay the premium depending on where the property is located or the specific terms of the sales contract. Owner’s policies are also available at an additional cost. Special Consideration: Special Warranty and Quitclaims Deeds A special warranty deed is not nearly as comprehensive as its general counterpart, as it only conveys two warranties: • The grantor warrants that he or she has received the title. • The grantor warrants that the property was not encumbered during the time the grantor owned the property. A special warranty deed does not protect against any claims prior to the grantor receiving the title. Special warranty deeds are typically used more in the commercial real estate world. As with most deeds, the warranty deed should contain an accurate legal description of the property being conveyed, be signed and witnessed in accordance to state law where the property is located and delivered to the grantee during the closing of the transaction. Like the warranty deed, the quitclaim deed transfers property from one individual to another. Title insurance is not needed for this type of deed. And unlike the warranty deed, a quitclaim deed is drawn up when a property is transferred without a sale. So it may be used, for instance, when a property is transferred between family members. Quitclaim deeds offer less protection than a warranty deed. They release the owner or grantor’s interest in the property and don’t state whether he or she had valid ownership in the first place. Instead, the assumption is that if the grantor ever did own it, he or she relinquishes any claim to the property when the deed is signed. This type of deed also prevents the owner from any future interests in the property. That being said, the buyer agrees to all conditions and takes on the risk that there may be other claimants to the property.

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asafeatherwould · 4 years

Text

Utah Real Estate Code 57-1-12

Utah Real Estate Code 57-1-12 Form Of Warranty Deed — Effect.

(1) Conveyances of land may be substantially in the following form: WARRANTY DEED ____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises). Witness the hand of said grantor this __________(month\day\year). (2) A warranty deed when executed as required by law shall have the effect of a conveyance in fee simple to the grantee, the grantee’s heirs, and assigns: (a) of the premises named in the warranty deed; (b) of all the appurtenances, rights, and privileges belonging to the premises named in the warranty deed; and (c) with covenants from the grantor, the grantor’s heirs, and personal representatives, that: (i) the grantor lawfully owns fee simple title to and has the right to immediate possession of the premises; (ii) the grantor has good right to convey the premises; (iii) the grantor guarantees the grantee, the grantee’s heirs, and assigns in the quiet possession of the premises; (iv) the premises are free from all encumbrances; and (v) the grantor, the grantor’s heirs, and personal representatives will forever warrant and defend the title of the premises in the grantee, the grantee’s heirs, and assigns against all lawful claims whatsoever. (3) Any exception to the covenants described in Subsection (2)(c) may be briefly inserted in the warranty deed following the description of the land.

youtube

Warranty Deed

How a Warranty Deed Works

youtube

Other Names for General Warranty Deeds

youtube

Comparison of Warranty Deeds to Other Forms of Deeds

youtube

Types of Warranty Deeds

Free Initial Consultation with Lawyer

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

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michaeljames1221 · 4 years

Text

Utah Real Estate Code 57-1-12

Utah Real Estate Code 57-1-12 Form Of Warranty Deed — Effect.

(1) Conveyances of land may be substantially in the following form: WARRANTY DEED ____ (here insert name), grantor, of ____ (insert place of residence), hereby conveys and warrants to ____ (insert name), grantee, of ____ (insert place of residence), for the sum of ____ dollars, the following described tract ____ of land in ____ County, Utah, to wit: (here describe the premises). Witness the hand of said grantor this __________(month\day\year). (2) A warranty deed when executed as required by law shall have the effect of a conveyance in fee simple to the grantee, the grantee’s heirs, and assigns: (a) of the premises named in the warranty deed; (b) of all the appurtenances, rights, and privileges belonging to the premises named in the warranty deed; and (c) with covenants from the grantor, the grantor’s heirs, and personal representatives, that: (i) the grantor lawfully owns fee simple title to and has the right to immediate possession of the premises; (ii) the grantor has good right to convey the premises; (iii) the grantor guarantees the grantee, the grantee’s heirs, and assigns in the quiet possession of the premises; (iv) the premises are free from all encumbrances; and (v) the grantor, the grantor’s heirs, and personal representatives will forever warrant and defend the title of the premises in the grantee, the grantee’s heirs, and assigns against all lawful claims whatsoever. (3) Any exception to the covenants described in Subsection (2)(c) may be briefly inserted in the warranty deed following the description of the land.

youtube

Warranty Deed

How a Warranty Deed Works

youtube

Other Names for General Warranty Deeds

youtube

Comparison of Warranty Deeds to Other Forms of Deeds

youtube

Types of Warranty Deeds

Free Initial Consultation with Lawyer

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

Ascent Law LLC

4.9 stars – based on 67 reviews

Recent Posts

Foreclosure Lawyer Layton Utah

Utah Divorce Code 30-3-10.9

Child Support Amounts

Income Tax Fraud

Business Succession Planning

Trust Lawyers Salt Lake Valley

The post Utah Real Estate Code 57-1-12 first appeared on Michael Anderson.

from Michael Anderson https://www.ascentlawfirm.com/utah-real-estate-code-57-1-12/

from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2020/09/15/utah-real-estate-code-57-1-12/

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