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#she had so many near death experiences she would not qualify for insurance
bandora-sss · 5 years
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I wanted to make my own operator concept this is my first time and it wasn't based on any facts or research it's completely out of my own imagination I want as much feedback as I can get to improve
Real Name : Sulaiman Al Maktoum
Nickname : Sadeeq
Place of birth : Kingdom Saudi Arabia. Al madina
Age :2‪6
Attacker
                  Background  
                        *The loss*
When he was 2‪0 years old Sulaiman was   studying psychology at a college and had a normal life with his family who were his father, and mother, his young sister,
Until the white masks attacked a mall they were  at, soon the fire took place and all of Sulaiman's  family died in it, he managed to survive, but got burned in different spots of his body
After getting out of the hospital Sulaiman refused to contact any of his relatives, he needed time
There was only one question in his mind at the time "why it happened?" this question kept running through his head over and over again
Sulaiman decided to find out the answer by himself and kept chasing the white masks for
two years
                         *The search*
Eventually he managed to enter the organization after spending a year with them the first mission was sent to his group
And It was a very simple one, catching a few hostages in France and waiting for more details
Sulaiman immediately knew that this mission didn't matter at all. Was it a show of power or a distraction? He didn't know
but the equipments they had wouldn't work against anything
The organization was simply disposing of them like they were nothing, that much he was certain of
He refused to die like this, a meaningless death for someone who probably deserves to die
Sulaiman decided to go against the mission and help the hostages escape and betray his clueless comrades
Sulaiman managed to escape with the three hostages that were captured he did it without the rest of the group noticing it
The GIGN were selected for the rescue at the  time and they encountered him with the hostages
Everything went well and there were no casualties. However Sulaiman was sent back to Saudi Arabia and he had to spend a reasonable amount of time in prison for his foolish and reckless actions
                              *Invite*
After spending two months at prison in deep thoughts and regaining faith in his beliefs and religion (still refusing to contact his relatives despite their efforts) 
He was informed about a new program to recruit former prisoners who did not have dangerous charges against them or if they had some potential
Sulaiman accepted the invite he had no reason to refuse
He was physically weaker than most of the recruits but he was fast and always calm, almost always knowing what was right to do, unlike most of his comrades who would sometimes get themselves into trouble
His father has thought him martial arts it was the only thing his father left for him and Sulaiman takes pride in it
After two years of training he was surprised by the visit of rook and lion.
They told him that These traits qualified him for team rainbow (along side another person) and that he was the first person they thought about when they were informed about the program
After joining the team Sulaiman immediately warmed up to the GIGN because of thire former encounters
Some of the operators did not trust him at first but he only took a few days to change their mind
And they gave him the nickname Sadeeq (which means friend)
Right now Sulaiman acts as the Psychologist of the team and makes sure that everyone gets along, he even broke up a fight between the GIGN and the SAS that almost got out of control
He keeps a close eye on his teammates during missions.
He even convinced lion to start a new page with doc and thatcher, and out of personal experience lion advised him to contact his relatives
                         *purpose*
Sulaiman listened to his friend's advice
He contacted his uncle Jaber, he expected everyone to be disappointed in him and kick him out of their lives but surprisingly they were relieved and happy to hear from him after all this time
After a few months jaber asked Sulaiman to marry his daughter Nawal, who immediately agreed to the marriage because she felt guilty not being able to help him despite the fact that she was nearby when his family died.
Sulaiman wasn't sure but he also agreed because he wanted to be closer them
He felt some guilt for his cousin and didn't see himself worthy of her but she keeps insuring that she's fine with it and wants to be by his side
Almost one year later nawal gave birth to a girl, it was the happiest moment of Sulaiman's life.
Insuring the future of the girl whom he decided to name Amal (which means hope) was the new purpose in his life
Now he wants to become a better man for both his wife and child
                  *personality*
After getting married and healing his wounds Sulaiman developed a positive personality, he's very hard to hate and liked by everyone around
He has some childlike characteristics which he's aware of and can annoy some of his fellow operators (especially thatcher) so he watches himself around them
Sulaiman can see almost anything as a game or a special experience
However this might be the only way for him to forget about his painful memories
He lacks some skills and makes sure to train with his fellow operators and listen to their advices especially the elder ones
Sulaiman believes that the wounds of the heart are much more dangerous and painful than any physical wounds which might be the reason he got close to lion and now trying to befriend vigil
( right now he has access to the files of the other operators except for nokk)
He kept his white mask till this day, he feels like a different person whenever he wears it
Because of his experience he has a fear of fire and hates the smell of burned meat and doesn't like looking at mirrors because of his burners
                *Relationships *
Family
Thamer : Father (dead)
Eman : Mother (dead)
Fatimah : Young sister (dead)
Jaber : uncle
Nawal : cousin and wife
Amal : daughter
Friends and comrades
Sulaiman gets along with everyone but he has special relationships with the following
Maverick and capitao : Sulaiman has a fear of fire and Dosen't like being near them when they use their gadget, especially with capitao since he uses it in an offensive way
Gambler : they are part of the same unit and despite their philosophical differences they both share a "brothers like" relationship, Sulaiman keeps gambler out of trouble since the latter doesn't get along with many people especially thatcher
Lion : despite thire different religions, culture, and beliefs they are both very close friends, maybe because they both know the feelings of loss and how it is to regain faith and having a new start in life, they have decided to help each other in becoming better
Doc : they're both very emotional compared to their comrades. Both of them keep an eye on the health of their partners on the field which made them get along
Rook : because of their close age and positivity, they get along very well and like working with each other
Fuze : fuze is one of two people who helped Sulaiman develop his gadget, he respect him and makes sure that no one misunderstands the man's intentions
Smoke : smoke is the other person who helped Sulaiman developing his own gadget. They have a friendly rivalry
Jackal : jackal acts as a mentor to Sulaiman.  Sulaiman is aware of jackal's condition and with the help of doc he keeps a close eye on him
Mira : he highly admires her for her work, he even asked her to turn his white mask into a simple gas mask which she agreed on despite seeing it as a pointless thing to do
Blitz : sometimes Sulaiman will comment on blitz's jokes by saying that they are not funny and stupid but he can't hide the fact that he like them because of their timing, they both like to talk and joke with the recruits
Warden : they like to play chess together and  they're both very good at it
Six : six has asked him to act as the psychologist of the team and fix the relationships between the operators. Even family problems between Ela and Zofia. Sulaiman agreed to do so. He knows that six is the smartest person he'll ever meet and fears him for that
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ljones41 · 5 years
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"CENTENNIAL" (1978-79) - Episode Eleven "The Winds of Death" Commentary
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"CENTENNIAL" (1978-79) - Episode Eleven "The Winds of Death" Commentary A recent critic of "CENTENNIAL" once complained that the miniseries had failed to breach the topic of land environmental issues in an effective manner. Author James Michener allowed this subject to dominate his 1973 novel. But this critic seemed to hint that producer John Wilder had more or less dropped the ball on this topic in the television adaptation. 
Looking back at the previous ten episodes, I do not know if I agree with that critic. I did notice that the subject of who was qualified to be the true inheritors of the land - at least in regard to Northern Colorado - appeared throughout the miniseries."CENTENNIAL" also focused on how the story's many characters used the land. One could argue that the subplot regarding the Wendells' origins as stage performers and scam artists had nothing to do with land environmental issues. And I would disagree. The Wendells' murder of the businessman Mr. Sorenson in "The Crime" and Sheriff Axel Dumire's death in "The Winds of Change"allowed the family to become the biggest landowners in Centennial. They used their ill-gotten money - acquired from Mr. Sorenson's satchel - to not only acquire land, but also become successful owners of a real estate company. The Wendells' new profession allowed them to play a major role in the major subplot featured in "The Winds of Death". This eleventh episode began in 1914, with the arrival of Iowa farmers who had recently purchased land from Mervin Wendell. Among the new arrivals is a young couple named Alice and Earl Grebe. These new farmers are warned by Hans Brumbaugh and Jim Lloyd that they would be wise not to farm the land sold to them by the Wendells - namely the neighborhood's drylands near Rattlesnake Buttes. That particular location had already witnessed previous tragedies such as Elly Zendt's death, the Skimmerhorn Massacre and the range war that led to sheep herders Nate Pearson and Bufe Coker's deaths. Alice and Earl Grebe attempted to create a farm there and were successful for several years. But obstacles such as the land's dry state, the deadly winds that plagued the Great Plains during the 1920s and 1930s finally took their toll, and a free fall in wheat prices after World War I. Earl and his fellow Iowans received good advice from an agricultural consultant hired by the Wendells named Walter Bellamy on how to till their land during potentially bad times. But they ignore Bellamy's advice and pay the price by the end of the episode. Especially the Grebes. "The Winds of Death" focused upon other subplots. It marked the deaths of three major characters - Hans Brumbaugh, Mervin Wendell and Jim Lloyd. Wendell died as a happy real estate tycoon, oblivious of the damage he has caused. His only disappointments seemed to be his continuing lack of knowledge of Mr. Sorenson's final resting place and the contempt his son Philip still harbors. Brumbaugh's labor problems were finally resolved in the last episode with the arrival of Tranquilino Marquez and other Mexican immigrants. In "The Winds of Death", he spent most of his time helping Tranquilino's family settle in Centennial, while the latter endure six years in a Colorado prison on trumped up charges and years of fighting a revolution in Mexico. Unfortunately for the beet farmer, he died minutes before a possible reunion with Tranquilino. Jim Lloyd faced a few crisis during this episode before his untimely death. The cattleman insured that his son-in-law, Beeley Garrett (son of sheep rancher, Messamore Garrett) would continue to manage Venneford Ranch. Jim and his wife, Charlotte, also helped Truinfador Marquez maintain his cantina for Centennial's Latino population in the face of bigotry from the local sheriff and the courts. But Jim's biggest conflict turned out to be his resistance to Charlotte's plans to breed the ranch's cattle to an unnaturally small size for stock shows and fairs. This last conflict led to his fatal heart attack. For me, "The Winds of Death" proved to be the last well-made episode from "CENTENNIAL". Mind you, it did not strike me as perfect. I feel that the episode's running time could have stretched to at least two hours and fifteen minutes, instead of the usual 90 minutes or so. "The Winds of Death" was set during a twenty-year period from 1914 to 1934 or 1935. And there seemed to be a great deal going on in the episode's narrative for a mere 90 to 97 minutes. I also have issue with the story's suggestion that Hans Brumbaugh's labor problems ended with the influx of Latino immigrants. What exactly was Michener trying to say? That Latinos was the only group that lacked the ambition to be something other than agricultural field workers? I also had a problem with the Lloyds' efforts to help Truinfador keep his cantina. The subplot struck me as a bit contrive, politically correct and somewhat reeking of the "white savior" trope. Perhaps Jim seemed capable of understanding Truinfador's problems, considering his past relationships with the likes of "Nacho" Gomez, Nate Pearson and especially Clemma Zendt. However, neither the miniseries or Michner's novel had ever hinted any signs of such ethnic tolerance from Charlotte before this story arc. My last problem with the episode proved to be a minor quibble. I noticed that the generation that featured Philip Wendell and Beeley Garrett seemed to conceive their offspring, while in their late 30s to 40s. Why? I can understand one of them having children so late in life, but all of the characters from this particular generation? Philip Wendell's son (Morgan) will not be introduced until the next episode. But he will prove to be around the same age as Beeley's son, Paul Garrett. Despite my problems with "The Winds of Death", I cannot deny that screenwriter Jerry Ziegman wrote a first-rate script. The episode did an excellent job in re-creating the West of the early 20th century. Not only did it explored the problems that Western farmers faced during that period, it also provided viewers with a more in-depth look into the travails of Latino farm laborers - a subject barely touched upon in American cinema or television. One of the episodes highlights proved to be the two major dust storms that plagued Centennial during the 1930s. Duke Callaghan's photography, along with Ralph Schoenfeld's editing and the Sound Department's effects did an excellent job in creating the nightmarish effects that left parts of the Great Plains covering in dust. The storms sequences left me feeling a bit spooked and sympathetic toward Alice Grebe's reaction. I suspect that many viewers were disappointed to learn that the Wendells failed to suffer the consequences of their crimes. Honestly, I was not that surprised. One cannot deny that they were the kind who usually flourished in the end. After all, "Centennial" was not the first or last work of fiction that mingled reality with drama. However, the episode's pièce de résistancecentered on the experiences of the Grebe family's twenty years in Centennial. It was fascinating, yet heartbreaking to watch Alice and Earl Grebe enjoy their brief success during the 1910s, before the post-World War I years slowly reduced them to a near-poverty state. And considering the tragic event that marked the end of Alice and Earl's stay in Centennial, viewing their experiences seemed like watching a train wreck in slow motion . . . or the unfolding of a Greek tragedy. "The Winds of Death" featured some superb performances by the cast. Truinfador Marquez's efforts to save his cantina led to a conflict between him and his more conservative father, Tranquilino; which also resulted in a superbly acted scene between A Martinez and Byron Gilbert. William Atherton was brilliantly convincing as the aging Jim Lloyd. I found it difficult to remember that he was barely out of his 30s when he shot this episode. Lynn Redgrave was equally superb as the caustic Charlotte Lloyd, who seemed ruthlessly determined to get her own way, whether it meant creating a new breed of cattle for Venneford or helping Truinfador. Anthony Zerbe continued his excellent performance as the charming, yet venal Mervin Wendell. Although Lois Nettleton did not get much of a chance to shine as in this episode as the scheming Maud Wendell, the actress still managed to give a first-rate performance in her brief scenes. Morgan Paul did an excellent job in conveying the many facets of the adult Philip Wendell, who not only remained haunted by Axel Dumire's death, but also proved to be just as ruthless in business as his parents. Claude Jarman was excellent as farmer Earl Grebe, who struggled to keep his farm and family together. The episode also featured solid work from Alex Karras, Silvana Gallardo, William Bogert, Geoffrey Lewis and Alan Vint. But for me, the stand out performance came from actress Julie Sommars. She gave a superb performance as the fragile Alice Grebe, whose doubts about farming in the drylands of Colorado would come to fruition some twenty years later. She never seemed more sympathetic, yet frightening in those last scenes in which the high winds and dust proved to be the last straw for the fractured Alice. I almost regret finishing "The Winds of Death". Not only did it convey an excellent portrait of the West during the early 20th century, the episode featured some excellent performances from the cast. More importantly, it proved to be the last one I would find engrossing. The next and last episode is "The Scream of Eagles" and I have to be brutally honest . . . I am not looking forward to it.
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gordonwilliamsweb · 4 years
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Medicaid Mystery: Millions of Enrollees Haven’t Materialized in California
The predictions were dire: Coronavirus lockdowns would put millions of Americans out of work, stripping them of their health insurance and pushing them into Medicaid, the health insurance program for low-income people.
In California, Gov. Gavin Newsom’s administration projected that the pandemic would force about 2 million additional people to sign up for the state’s Medicaid program, called Medi-Cal, by July, raising enrollment to an all-time high of 14.5 million Californians — more than one-third of the state’s population.
But July is almost over, and Medi-Cal enrollment has hovered around 12.5 million since March, when the pandemic shut down much of the economy — though enrollment ticked up in May and June, according to the latest data from the state Department of Health Care Services, which administers the program.
Essentially, enrollment hasn’t budged even though nearly 3 million Californians are newly unemployed.
“It’s a mystery,” said Anthony Wright, executive director of Health Access California, an advocacy group for health consumers. “We have lots of plausible explanations, but they don’t seem to add up.”
Even the state is stumped. The enrollment data is preliminary, and Medi-Cal officials expect the numbers to grow as eligibility appeals and other “unusual cases” are resolved, but not by 2 million people, said Norman Williams, spokesperson for the Department of Health Care Services.
The department based its projections on the state’s experience with the Great Recession a decade ago, a comparison that it now acknowledges was misguided because the pandemic did not spur a purely economic crisis. The state failed to predict people would avoid care at clinics and hospitals during this public health crisis, and thus be less likely to need coverage immediately.
“The current situation is far more complex because it involves both economic and health decisions, creating a more complicated picture more closely related to that seen during the 1918 influenza pandemic,” Williams said in a prepared statement.
Even with the faulty comparison, it’s not clear why more Californians haven’t enrolled, he said.
“The state prepared an estimate based on the best data available, during an unprecedented and rapidly evolving situation,” he said.
The miscalculation meant the state likely allocated more money to Medi-Cal than the program now needs, even as lawmakers struggled to find ways to prevent deep health care cuts and close a massive $54 billion budget deficit as they negotiated the 2020-21 state budget in May and June.
And a more accurate estimate could have potentially funded new programs, such as expanding Medi-Cal to unauthorized immigrants age 65 and up, some state lawmakers and advocacy groups said.
Newsom backed that expansion of Medi-Cal, estimated to cost $80.5 million in the first year, in his January budget proposal but abandoned it in May, citing California’s financial crisis spurred by the pandemic.
“We are talking about life-or-death services, so to say I’m frustrated is putting it mildly,” said state Sen. Holly Mitchell (D-Los Angeles), who chairs the Senate budget committee and leads budget negotiations in the upper house. “It’s irritating to me that they can be so off.”
The new state budget puts Medi-Cal’s overall cost at $115 billion, of which $2.4 billion in state money has been earmarked for caseload growth. Yet it’s unclear how much of that could have been available to fund other programs or stave off cuts had the caseload projection been more accurate, department officials acknowledged.
Most states predicted their Medicaid enrollment would rise due to the pandemic, though many are seeing similar delays in Medicaid sign-ups, said Cindy Mann, a partner at the legal and consulting firm Manatt Health who served as federal Medicaid director for the Centers for Medicare & Medicaid Services during the Obama administration.
Washington state, like California, hasn’t seen its Medicaid caseload grow as expected, said MaryAnne Lindeblad, its Medicaid director. It projected up to 95,000 people would join the program by now, yet it has seen 80,000 new enrollees since March.
“It’s been a little bit surprising,” she said. “There’s so much going on in people’s lives right now and signing up for Medicaid doesn’t seem to be one of them.”
Yet a record number of Americans have lost health insurance as a result of the COVID-19 pandemic and corresponding economic crash, according to a new report from Families USA, a national health advocacy group. California experienced the largest increase in newly uninsured residents of any state so far when an estimated 689,000 people lost coverage between February and May this year, the study shows.
“It’s a different kind of downturn and that might explain some of the reason we’re seeing lags across the country,” Mann said. “But unless unemployment numbers turn around dramatically, which is not the prediction, I think we will see the number of uninsured people continuing to grow and turn to the program.”
There are several theories about why Californians who have lost their jobs during the pandemic have not yet enrolled in Medi-Cal.
For one, signing up for food and housing assistance appears “more urgent” than signing up for Medi-Cal, Williams said.
The pandemic has also created new sign-up hurdles. With libraries, schools, community centers and county health care offices largely closed during lockdowns, uninsured residents have had fewer places to enroll. Hospitals and clinics also frequently enroll uninsured people into the program, but many healthy people are avoiding treatment for fear of being infected with COVID-19.
And those who have lost jobs may still have work-based coverage because employers planned to rehire them and kept them on job-based insurance plans, or because they’ve signed up for COBRA insurance temporarily.
Enrollment could also be lagging because the service industry has been hit hard, and many low-income workers in restaurants, bars or salons were already enrolled in Medi-Cal.
“About a quarter who were at risk of losing jobs were already enrolled when the crisis started,” said Laurel Lucia, director of health care programs at the Center for Labor Research and Education at the University of California-Berkeley.
Vanessa Poveda lost her health insurance after losing her job as a server at a San Francisco gastropub. She thinks she probably qualifies for Medi-Cal but hasn’t signed up yet, in part because the task feels daunting. (Courtesy of Lindsay Thomas)
Vanessa Poveda, 28, wasn’t among the service workers already enrolled in Medi-Cal when the crisis hit. Instead, she had health insurance through her job as a server at Bartlett Hall, an upscale gastropub near San Francisco’s Union Square.
When Poveda was laid off during the first round of coronavirus closures in March, the restaurant extended her health coverage for 30 days before it expired, she said. Now unemployed and uninsured, she thinks she probably qualifies for Medi-Cal but hasn’t signed up.
“I haven’t really gotten around to it,” she said.
Because Poveda is relatively healthy, she said, enrolling in coverage isn’t as urgent as some of her other needs.
“Medical insurance is definitely a top priority for me,” she said, “but I also need a roof over my head.”
In California, another factor may be at play. The Trump administration’s “public charge” policy may be having an outsize impact on Medi-Cal enrollment because of the state’s large immigrant population, said Hamutal Bernstein, a researcher at the Urban Institute. The rule allows federal immigration officials to more easily deny permanent residency status to those who depend on certain public benefits such as Medicaid.
“A lot of immigrant families are being disproportionately impacted by economic and health hardship and are increasingly needing some of this assistance,” Bernstein said. But “a lot of people are afraid of getting any kind of help.”
Federal rules also prevent the state from kicking anyone off Medicaid during the pandemic, which means people who normally would have fallen off the program will stay enrolled, contributing to the state’s inflated projections, Williams said.
The department said it is working to get out the word that Medi-Cal is available, but Mitchell is urging the state to do more.
“I’m concerned not enough outreach is being done,” she said. “We expect people to magically know they may qualify for Medi-Cal and they should go online and apply.”
This KHN story first published on California Healthline, a service of the California Health Care Foundation.
Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.
Medicaid Mystery: Millions of Enrollees Haven’t Materialized in California published first on https://nootropicspowdersupplier.tumblr.com/
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stephenmccull · 4 years
Text
Medicaid Mystery: Millions of Enrollees Haven’t Materialized in California
The predictions were dire: Coronavirus lockdowns would put millions of Americans out of work, stripping them of their health insurance and pushing them into Medicaid, the health insurance program for low-income people.
In California, Gov. Gavin Newsom’s administration projected that the pandemic would force about 2 million additional people to sign up for the state’s Medicaid program, called Medi-Cal, by July, raising enrollment to an all-time high of 14.5 million Californians — more than one-third of the state’s population.
But July is almost over, and Medi-Cal enrollment has hovered around 12.5 million since March, when the pandemic shut down much of the economy — though enrollment ticked up in May and June, according to the latest data from the state Department of Health Care Services, which administers the program.
Essentially, enrollment hasn’t budged even though nearly 3 million Californians are newly unemployed.
“It’s a mystery,” said Anthony Wright, executive director of Health Access California, an advocacy group for health consumers. “We have lots of plausible explanations, but they don’t seem to add up.”
Even the state is stumped. The enrollment data is preliminary, and Medi-Cal officials expect the numbers to grow as eligibility appeals and other “unusual cases” are resolved, but not by 2 million people, said Norman Williams, spokesperson for the Department of Health Care Services.
The department based its projections on the state’s experience with the Great Recession a decade ago, a comparison that it now acknowledges was misguided because the pandemic did not spur a purely economic crisis. The state failed to predict people would avoid care at clinics and hospitals during this public health crisis, and thus be less likely to need coverage immediately.
“The current situation is far more complex because it involves both economic and health decisions, creating a more complicated picture more closely related to that seen during the 1918 influenza pandemic,” Williams said in a prepared statement.
Even with the faulty comparison, it’s not clear why more Californians haven’t enrolled, he said.
“The state prepared an estimate based on the best data available, during an unprecedented and rapidly evolving situation,” he said.
The miscalculation meant the state likely allocated more money to Medi-Cal than the program now needs, even as lawmakers struggled to find ways to prevent deep health care cuts and close a massive $54 billion budget deficit as they negotiated the 2020-21 state budget in May and June.
And a more accurate estimate could have potentially funded new programs, such as expanding Medi-Cal to unauthorized immigrants age 65 and up, some state lawmakers and advocacy groups said.
Newsom backed that expansion of Medi-Cal, estimated to cost $80.5 million in the first year, in his January budget proposal but abandoned it in May, citing California’s financial crisis spurred by the pandemic.
“We are talking about life-or-death services, so to say I’m frustrated is putting it mildly,” said state Sen. Holly Mitchell (D-Los Angeles), who chairs the Senate budget committee and leads budget negotiations in the upper house. “It’s irritating to me that they can be so off.”
The new state budget puts Medi-Cal’s overall cost at $115 billion, of which $2.4 billion in state money has been earmarked for caseload growth. Yet it’s unclear how much of that could have been available to fund other programs or stave off cuts had the caseload projection been more accurate, department officials acknowledged.
Most states predicted their Medicaid enrollment would rise due to the pandemic, though many are seeing similar delays in Medicaid sign-ups, said Cindy Mann, a partner at the legal and consulting firm Manatt Health who served as federal Medicaid director for the Centers for Medicare & Medicaid Services during the Obama administration.
Washington state, like California, hasn’t seen its Medicaid caseload grow as expected, said MaryAnne Lindeblad, its Medicaid director. It projected up to 95,000 people would join the program by now, yet it has seen 80,000 new enrollees since March.
“It’s been a little bit surprising,” she said. “There’s so much going on in people’s lives right now and signing up for Medicaid doesn’t seem to be one of them.”
Yet a record number of Americans have lost health insurance as a result of the COVID-19 pandemic and corresponding economic crash, according to a new report from Families USA, a national health advocacy group. California experienced the largest increase in newly uninsured residents of any state so far when an estimated 689,000 people lost coverage between February and May this year, the study shows.
“It’s a different kind of downturn and that might explain some of the reason we’re seeing lags across the country,” Mann said. “But unless unemployment numbers turn around dramatically, which is not the prediction, I think we will see the number of uninsured people continuing to grow and turn to the program.”
There are several theories about why Californians who have lost their jobs during the pandemic have not yet enrolled in Medi-Cal.
For one, signing up for food and housing assistance appears “more urgent” than signing up for Medi-Cal, Williams said.
The pandemic has also created new sign-up hurdles. With libraries, schools, community centers and county health care offices largely closed during lockdowns, uninsured residents have had fewer places to enroll. Hospitals and clinics also frequently enroll uninsured people into the program, but many healthy people are avoiding treatment for fear of being infected with COVID-19.
And those who have lost jobs may still have work-based coverage because employers planned to rehire them and kept them on job-based insurance plans, or because they’ve signed up for COBRA insurance temporarily.
Enrollment could also be lagging because the service industry has been hit hard, and many low-income workers in restaurants, bars or salons were already enrolled in Medi-Cal.
“About a quarter who were at risk of losing jobs were already enrolled when the crisis started,” said Laurel Lucia, director of health care programs at the Center for Labor Research and Education at the University of California-Berkeley.
Vanessa Poveda lost her health insurance after losing her job as a server at a San Francisco gastropub. She thinks she probably qualifies for Medi-Cal but hasn’t signed up yet, in part because the task feels daunting. (Courtesy of Lindsay Thomas)
Vanessa Poveda, 28, wasn’t among the service workers already enrolled in Medi-Cal when the crisis hit. Instead, she had health insurance through her job as a server at Bartlett Hall, an upscale gastropub near San Francisco’s Union Square.
When Poveda was laid off during the first round of coronavirus closures in March, the restaurant extended her health coverage for 30 days before it expired, she said. Now unemployed and uninsured, she thinks she probably qualifies for Medi-Cal but hasn’t signed up.
“I haven’t really gotten around to it,” she said.
Because Poveda is relatively healthy, she said, enrolling in coverage isn’t as urgent as some of her other needs.
“Medical insurance is definitely a top priority for me,” she said, “but I also need a roof over my head.”
In California, another factor may be at play. The Trump administration’s “public charge” policy may be having an outsize impact on Medi-Cal enrollment because of the state’s large immigrant population, said Hamutal Bernstein, a researcher at the Urban Institute. The rule allows federal immigration officials to more easily deny permanent residency status to those who depend on certain public benefits such as Medicaid.
“A lot of immigrant families are being disproportionately impacted by economic and health hardship and are increasingly needing some of this assistance,” Bernstein said. But “a lot of people are afraid of getting any kind of help.”
Federal rules also prevent the state from kicking anyone off Medicaid during the pandemic, which means people who normally would have fallen off the program will stay enrolled, contributing to the state’s inflated projections, Williams said.
The department said it is working to get out the word that Medi-Cal is available, but Mitchell is urging the state to do more.
“I’m concerned not enough outreach is being done,” she said. “We expect people to magically know they may qualify for Medi-Cal and they should go online and apply.”
This KHN story first published on California Healthline, a service of the California Health Care Foundation.
Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.
Medicaid Mystery: Millions of Enrollees Haven’t Materialized in California published first on https://smartdrinkingweb.weebly.com/
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dinafbrownil · 4 years
Text
Medicaid Mystery: Millions of Enrollees Haven’t Materialized in California
The predictions were dire: Coronavirus lockdowns would put millions of Americans out of work, stripping them of their health insurance and pushing them into Medicaid, the health insurance program for low-income people.
In California, Gov. Gavin Newsom’s administration projected that the pandemic would force about 2 million additional people to sign up for the state’s Medicaid program, called Medi-Cal, by July, raising enrollment to an all-time high of 14.5 million Californians — more than one-third of the state’s population.
But July is almost over, and Medi-Cal enrollment has hovered around 12.5 million since March, when the pandemic shut down much of the economy — though enrollment ticked up in May and June, according to the latest data from the state Department of Health Care Services, which administers the program.
Essentially, enrollment hasn’t budged even though nearly 3 million Californians are newly unemployed.
“It’s a mystery,” said Anthony Wright, executive director of Health Access California, an advocacy group for health consumers. “We have lots of plausible explanations, but they don’t seem to add up.”
Even the state is stumped. The enrollment data is preliminary, and Medi-Cal officials expect the numbers to grow as eligibility appeals and other “unusual cases” are resolved, but not by 2 million people, said Norman Williams, spokesperson for the Department of Health Care Services.
The department based its projections on the state’s experience with the Great Recession a decade ago, a comparison that it now acknowledges was misguided because the pandemic did not spur a purely economic crisis. The state failed to predict people would avoid care at clinics and hospitals during this public health crisis, and thus be less likely to need coverage immediately.
“The current situation is far more complex because it involves both economic and health decisions, creating a more complicated picture more closely related to that seen during the 1918 influenza pandemic,” Williams said in a prepared statement.
Even with the faulty comparison, it’s not clear why more Californians haven’t enrolled, he said.
“The state prepared an estimate based on the best data available, during an unprecedented and rapidly evolving situation,” he said.
The miscalculation meant the state likely allocated more money to Medi-Cal than the program now needs, even as lawmakers struggled to find ways to prevent deep health care cuts and close a massive $54 billion budget deficit as they negotiated the 2020-21 state budget in May and June.
And a more accurate estimate could have potentially funded new programs, such as expanding Medi-Cal to unauthorized immigrants age 65 and up, some state lawmakers and advocacy groups said.
Newsom backed that expansion of Medi-Cal, estimated to cost $80.5 million in the first year, in his January budget proposal but abandoned it in May, citing California’s financial crisis spurred by the pandemic.
“We are talking about life-or-death services, so to say I’m frustrated is putting it mildly,” said state Sen. Holly Mitchell (D-Los Angeles), who chairs the Senate budget committee and leads budget negotiations in the upper house. “It’s irritating to me that they can be so off.”
The new state budget puts Medi-Cal’s overall cost at $115 billion, of which $2.4 billion in state money has been earmarked for caseload growth. Yet it’s unclear how much of that could have been available to fund other programs or stave off cuts had the caseload projection been more accurate, department officials acknowledged.
Most states predicted their Medicaid enrollment would rise due to the pandemic, though many are seeing similar delays in Medicaid sign-ups, said Cindy Mann, a partner at the legal and consulting firm Manatt Health who served as federal Medicaid director for the Centers for Medicare & Medicaid Services during the Obama administration.
Washington state, like California, hasn’t seen its Medicaid caseload grow as expected, said MaryAnne Lindeblad, its Medicaid director. It projected up to 95,000 people would join the program by now, yet it has seen 80,000 new enrollees since March.
“It’s been a little bit surprising,” she said. “There’s so much going on in people’s lives right now and signing up for Medicaid doesn’t seem to be one of them.”
Yet a record number of Americans have lost health insurance as a result of the COVID-19 pandemic and corresponding economic crash, according to a new report from Families USA, a national health advocacy group. California experienced the largest increase in newly uninsured residents of any state so far when an estimated 689,000 people lost coverage between February and May this year, the study shows.
“It’s a different kind of downturn and that might explain some of the reason we’re seeing lags across the country,” Mann said. “But unless unemployment numbers turn around dramatically, which is not the prediction, I think we will see the number of uninsured people continuing to grow and turn to the program.”
There are several theories about why Californians who have lost their jobs during the pandemic have not yet enrolled in Medi-Cal.
For one, signing up for food and housing assistance appears “more urgent” than signing up for Medi-Cal, Williams said.
The pandemic has also created new sign-up hurdles. With libraries, schools, community centers and county health care offices largely closed during lockdowns, uninsured residents have had fewer places to enroll. Hospitals and clinics also frequently enroll uninsured people into the program, but many healthy people are avoiding treatment for fear of being infected with COVID-19.
And those who have lost jobs may still have work-based coverage because employers planned to rehire them and kept them on job-based insurance plans, or because they’ve signed up for COBRA insurance temporarily.
Enrollment could also be lagging because the service industry has been hit hard, and many low-income workers in restaurants, bars or salons were already enrolled in Medi-Cal.
“About a quarter who were at risk of losing jobs were already enrolled when the crisis started,” said Laurel Lucia, director of health care programs at the Center for Labor Research and Education at the University of California-Berkeley.
Vanessa Poveda lost her health insurance after losing her job as a server at a San Francisco gastropub. She thinks she probably qualifies for Medi-Cal but hasn’t signed up yet, in part because the task feels daunting. (Courtesy of Lindsay Thomas)
Vanessa Poveda, 28, wasn’t among the service workers already enrolled in Medi-Cal when the crisis hit. Instead, she had health insurance through her job as a server at Bartlett Hall, an upscale gastropub near San Francisco’s Union Square.
When Poveda was laid off during the first round of coronavirus closures in March, the restaurant extended her health coverage for 30 days before it expired, she said. Now unemployed and uninsured, she thinks she probably qualifies for Medi-Cal but hasn’t signed up.
“I haven’t really gotten around to it,” she said.
Because Poveda is relatively healthy, she said, enrolling in coverage isn’t as urgent as some of her other needs.
“Medical insurance is definitely a top priority for me,” she said, “but I also need a roof over my head.”
In California, another factor may be at play. The Trump administration’s “public charge” policy may be having an outsize impact on Medi-Cal enrollment because of the state’s large immigrant population, said Hamutal Bernstein, a researcher at the Urban Institute. The rule allows federal immigration officials to more easily deny permanent residency status to those who depend on certain public benefits such as Medicaid.
“A lot of immigrant families are being disproportionately impacted by economic and health hardship and are increasingly needing some of this assistance,” Bernstein said. But “a lot of people are afraid of getting any kind of help.”
Federal rules also prevent the state from kicking anyone off Medicaid during the pandemic, which means people who normally would have fallen off the program will stay enrolled, contributing to the state’s inflated projections, Williams said.
The department said it is working to get out the word that Medi-Cal is available, but Mitchell is urging the state to do more.
“I’m concerned not enough outreach is being done,” she said. “We expect people to magically know they may qualify for Medi-Cal and they should go online and apply.”
This KHN story first published on California Healthline, a service of the California Health Care Foundation.
Kaiser Health News (KHN) is a national health policy news service. It is an editorially independent program of the Henry J. Kaiser Family Foundation which is not affiliated with Kaiser Permanente.
from Updates By Dina https://khn.org/news/medicaid-mystery-millions-of-enrollees-havent-materialized/
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sergioglct820-blog · 4 years
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Does Your Good Car Accident Lawyers Dallas Pass The Test? 7 Things You Can Improve On Today
Talk with several attorneys before working with one to manage your case. Many Accident Injury Lawyers Near Me Dallas personal injury lawyers offer a complimentary preliminary consultation to discuss your case. This assessment provides you the opportunity to ask the lawyer questions such as: how much experience he or she has; exactly what the costs are; exactly what she or he feels your chances of having a successful case are; who will be dealing with your case (it may be an associate instead of the individual you have the initial assessment with); and how long she or he feels it will consider a resolution of your case.
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In searching an accident lawyer, you won't even need to pay him unless you win a settlement for your case. Upon utilizing a good online lawyer directory site, you'll be able to understand the particulars on your legal costs, your area will then be thought about, and will then weigh highly in your list of responses. Exactly what's genuinely important, nevertheless, is the history of your potential lawyer in managing your kind of case. Given that the law can be complicated and complex, you should http://www.bbc.co.uk/search?q=Personal Injury Lawyer Dallas TX make sure that you'll retain the best-trained personal injury attorney possible.
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With the legal representative around, you can easily achieve the kinds needed for litigation. You will have an effective guide while you're still in the declaring process. Aside from the legal representative's services discussed, you can also be recommended by your legal representative if your specific case is entitled to a claim or not.
With all these services, injury attorneys have actually also picked their location of expertise. A few of them are more adept with auto or car mishaps. Others are https://vimeo.com/390234739 into aviation catastrophes just. And, so on etc. For that reason, you can anticipate that one injury attorney has actually actually mastered his craft because he focuses only in one field. This gives you a big chance of winning your accident case. One good thing about these lawyers is that they don't request for legal charges unless your case ends up being effective.
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If a bicyclist is associated with a mishap where a third party is at fault, a personal injury compensation claims might be brought versus the angering third party. In addition to obtaining compensation for your injuries, you might likewise be able to recuperate losses in respect of damage to your bike and clothing along with loss of earnings by beginning an injury settlement claim.
If your accident was brought on by a problem on a course or pavement, for instance a challenge or pothole you may be able to bring an injury payment claim versus those responsible for keeping the course or pavement.
One must be wary though on the type and quality of injury lawyers that he seeks advice from to. Not all legal representatives are made the exact same. You will be lucky if you get the services of legal representatives who are brilliant, and who perform themselves properly and with stability. Such attorneys will discuss with you the merits of your case and will be transparent with how it will potentially carry on in court procedures.
It is recommended that when you had yourself hurt, or you had an accident, you must right now consult an attorney to understand the benefits you have for a case. Certainly, getting the services of injury legal representatives to guide you on the actions to take would be a smart thing to do. Filing a protest the soonest you can, will quicken things up, and will offer the impression of a genuine cause of action on your part.
There are a variety of online databases of regional and local personal injury attorneys. While most of these are pay per listing or free submission, some really do offer examining services. Even here, however, be wary of putting excessive stock in a website's recommendation as this details can be quickly controlled.
The final test should constantly be to meet with the lawyer. In such a conference you can discuss the payment approach (contingency or flat-fee), but more importantly you wish to attempt to examine if this specific seems competent. Note things like, what law school he/she attended? Did they pass the bar on their first attempt? How long have they been practicing injury in your state? Will they let you talk with a few of their most recent customers? All of these factors taken together need to offer you a basic impression of whether your personal injury attorney is qualified, if not excellent.
Personal injury cases are serious matters. They often involve serious injury, permanent special needs, as well as death. Victims depend upon the personal injury legal representative to recover financial damages that are needed to cover their medical treatments, change permanently lost income, and compensate for their pain and suffering.
Pick an injury attorney experienced in dealing with insurance provider. Insurer legal representatives represent most injury case defendants. These business attorneys seek to pay out the least quantity possible, so an unskilled personal injury attorney may be at a disadvantage in these negotiations. Therefore, picking a personal injury lawyer with a proven track record of successful negotiations is necessary.
We’ve all seen the advertisements for an accident lawyer on tv, on signboards and in papers, however when should we consider seeking advice from injury lawyers? A personal injury claim can be made when a person suffers an injury through the carelessness of another individual. Carelessness is when a person's actions are considered to put another person in unreasonable risk. If this neglect leads to a mishap then there is a case for an injury claim.
The pain and suffering brought on by numerous accidents can be long lasting and not only physical but psychological and mental also. It can take months or even years to recuperate from the suffering caused by some injuries.
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Law Firm of S. Craig Glickman
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4925 Greenville Ave, Suite 200
Dallas, Texas 75206
(214) 407-2607
https://craigglickmanlawfirm.com
https://goo.gl/maps/DWiuWTLJxNfetvVC6
https://car-accident-lawyer-dallas-craig-glickman.business.site/
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lilac-milk-moon · 4 years
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6 Things You Can Learn About Your Personal Finances from COVID-19 
The COVID-19 pandemic can be a complex concept to process emotionally. The virus is affecting so many areas of our lives — health, relationships, education, work, hobbies… and of course finances. Some families are experiencing a serious crisis while others are experiencing only minor changes to the routines. 
I’ve been asking myself “How should I think about this and feel about it?” What can we learn from the COVID-19 pandemic? And it’s complicated. I want to be sensitive to anyone whose family has been affected directly. I want to be appreciative of healthcare workers who are putting themselves at risk to care for others. 
Personally, COVID-19 has started to affect my family — I recently learned that my great uncle has been confirmed positive. 
Within the personal finance online community, the virus has made its presence felt. Paula Pant from Afford Anything, one of my personal favorite blogs and podcasts, chronicled her fight with the virus on Twitter throughout April and early May. Thankfully, she has now tested negative for the virus.
But amidst all of this discomfort and uncertainty, I have personally felt some moments of clarity. Here are a few things that the COVID-19 has brought more into focus — 6 things that you can learn about personal finances amidst this pandemic.
1. The stock market is not dependable in the short-term
From mid-February to March 23, the S&P 500 index dropped about 34% from fears of the pandemic and its effect on the economy. 34% in one month! That’s definitely unnerving, and that degree of volatility can cause some investors to panic. 
But, selling off your shares due to fear after a big drop in the market can actually be one of the worst things you can do. You’re “locking in” your losses and the market may recover before you’re able to re-invest. The March dip in the market is a great reminder of why I choose to only invest in the stock market for long-term goals. In fact, this is one of my personal rules for investing. (You can read my full list of 7 self-imposed rules for investing here.)
I talked about the COVID-19 scare and long-term investing with the writer of the Keeping Up With the Bulls blog.
She shared, “Needless to say, between the daily news on the pandemic and experiencing my first few limit downs it was a nerve wracking March! 
I always keep a list of stocks I’m watching and buy a few shares here and there (in addition to my automated 401k contributions) even when I think the market is surprisingly high. This helped me continue to stay the course when we had no idea how far the market would fall. It was tempting to get into new areas like trading options but I reminded myself I am a long-term investor, not a day trader! 
I may have missed out on some wild short term gains but in the long term I’m still pretty confident sticking to what I know and continuing my investing strategy will get me farther. I elaborated more on investing in a volatile market in this post on my site.”
If you’re investing for long-term goals, you can expect short-term volatility rather than being surprised by it. 
It’s good advice all around.
2. Flexibility is critical
Businesses and investors too have faced risk and new changes. 
Flexibility in real estate investing
I recently talked with Rachel Hernandez from the investing site Adventures in Mobile Homes. She explained how she’s had to change her rental process because of COVID-19.
Rachel shared, “Before COVID-19, I was able to freely show the homes I had on the market in person.
Since the pandemic, I have not been able to do that due to the shelter in place restrictions in my area. So I’ve had to adjust and come up with a system of showing homes on the market without being there.
Now I post pictures online of homes I have on the market. Those who are interested are able to take an application in a box near the front porch of the homes I have on the market. Then they fax in the application and the information needed to apply.
To give people peace of mind, I tell them they can go through the home once they are approved one last time before any paperwork is signed. This helps to calm down any questions or fears they have about the home.
This is just one of the things I’ve had to do to run my real estate investing business. Through experience, I’ve learned how to adapt when challenging situations arise.”
Flexibility in financial planning
Ultimately, flexibility can bring you significant financial gain and unique opportunities. Better yet, flexibility can also buy you something more valuable than money — more control over your time and a sense of balance in your life.
This is the main benefit of semi-retirement and my motivation for creating this site. You can read more about semi-retirement planning here and its benefits compared to traditional retirement and FIRE here.
3. Emergencies are real
A global pandemic certainly qualifies as an emergency, especially if you lost your source of income or actually contracted COVID-19.
In the personal finance blogging world, it’s easy to get the feeling that emergency funds are just a cliche that earns you a lower ROI than other investment options. But COVID-19 is a great reminder that emergencies can and will happen. 
Having an emergency fund can help you meet your short-term financial needs and can also protect your investments and minimize financial anxiety.
4. You can’t depend on the government for your every need
Regardless of what your political views are on what the government should be doing, the COVID-19 pandemic has made it clear that you can’t expect the government to meet all of your financial needs.
Millions of people lack health insurance that could make treatment for COVID-19 affordable. 
When the government has stepped in, funding has run dry at times. 
The stimulus checks certainly helped many families, but we don’t know the details of when or if another round of checks will be distributed.
I don’t have all the answers and I don’t want this post to become politically-oriented, but I want to make it clear that you need to be able to help yourself financially if you want to avoid a bumpy ride.
Financial planners famously use a “three-legged stool” metaphor when discussing retirement. The metaphor illustrates that a stool needs all 3 legs to be stable. In retirement, planners traditionally review 3 income sources for retirement — investments, annuities/pensions, and government support like Social Security.
Likewise, COVID-19 is a reminder that we need a similar multi-faceted approach to supporting ourselves financially in any stage of life. 
Traditional W2 income alone is not enough and relying on the government is scary! Combining income and possible government support with savings and even other income or investments is the most secure approach.
5. Each day is scarce and valuable
Any tragedy or major event can be a strong reminder that life is short. Time is limited, and therefore time is extremely valuable.
Let’s be reminded to enjoy the beauty in life even in the midst of the COVID-19 pandemic. Take a walk. Call a loved one. If you’re a person of faith, this can be an opportunity to dive deeper into it. Or you can even pick up a new hobby.
If you have some unexpected time to kill while you’re at home more, try taking a free course online! I’m personally taking a course through Coursera. Coursera is not a sponsor of Semi-Retire Plan, but I really have enjoyed the experience. Khan Academy and other sites offer free courses as well. 
The course I’m taking is about music theory, which is something I’ve been interested in learning more about for years. I’m a long-time hobbyist guitar player but I’ve wanted to learn more. I even recently bought a bass guitar. It’s added some fun to my numerous recent work from home days.
Learning to play the bass guitar is one of my new COVID-19 hobbies
Find something to enjoy. 
I’m challenging myself to not wish the next few months away. I don’t want to just “fast forward” to the end of the pandemic, because that would be missing out on life. Our time alive is valuable and scarce.
6. Money isn’t more valuable than human life
The COVID-19 pandemic has put political and healthcare leaders into a precarious ethical position. There’s a direct tradeoff between short-term economic activity and social distancing to save human lives. How should they decide what the priority is, and to what extent?
Citizens are grappling with similar questions as we struggle to find our own opinions and decide what activities to participate in. 
I find it to be totally bizarre to hear political leaders write off the value of human lives. The lieutenant governor of Texas suggested that grandparents and senior citizens should be willing to put their own health at risk for the sake of the economy. Other politicians seem to be making similar (yet more implicit) calculations. 
As of March 14, the CDC count has totaled nearly 84,000 confirmed American deaths from COVID-19. Some political leaders are framing this number as acceptable or some kind of success at controlling the virus. 
I recognize that I’m making a complex issue sound black and white, and that’s not accurate. There is an alarming amount of gray area here. 
Political and health policy leaders are essentially being asked to answer an impossible question — how many economic dollars is each American life worth? Is growing the economy by $X worth it if it might cause X number of Americans to die? It’s disturbing to attempt to answer.
I don’t have a solution for that calculation, but I know that the premise of the question is upsetting.
Let’s not make people worth less than dollars. Dollars are things — imaginary social constructs, even. People matter. 
The economy matters and personal finances matter too, but only as tools. Money is only matters if it helps you reach something more valuable — freedom, peace, experiences, or time spent with people you love.
I’d love to hear from you. How are you grappling with these difficult questions and situations? What can we be doing to keep our focus on the things that matter most to us in life?
The post 6 Things You Can Learn About Your Personal Finances from COVID-19  appeared first on Semi-Retire Plan.
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asafeatherwould · 5 years
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Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
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A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
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It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
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The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
Source: https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/
0 notes
advertphoto · 5 years
Text
Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
youtube
A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
youtube
It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
youtube
The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
Source: https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/
0 notes
aretia · 5 years
Text
Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
youtube
A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
youtube
It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
youtube
The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
Source: https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/
0 notes
michaeljames1221 · 5 years
Text
Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
youtube
A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
youtube
It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
youtube
The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
from Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/
from Criminal Defense Lawyer West Jordan Utah https://criminaldefenselawyerwestjordanutah.wordpress.com/2019/11/23/probate-lawyer-riverton-utah/
0 notes
mayarosa47 · 5 years
Text
Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
from https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/
from Criminal Defense Lawyer West Jordan Utah - Blog http://criminaldefenselawyerwestjordanutah.weebly.com/blog/probate-lawyer-riverton-utah
0 notes
melissawalker01 · 5 years
Text
Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
youtube
A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
youtube
It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
youtube
The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
from Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/ from Divorce Lawyer Nelson Farms Utah https://divorcelawyernelsonfarmsutah.tumblr.com/post/189240747530
0 notes
Text
Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
youtube
A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
youtube
It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
youtube
The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
from Michael Anderson https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/
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Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
youtube
A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
youtube
It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
youtube
The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
Source: https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/
0 notes
coming-from-hell · 5 years
Text
Probate Lawyer Riverton Utah
Speak to an experienced Riverton Utah probate lawyer to know how you can use estate planning methods to reduce estate taxes. The United States is famous for its tax laws. We even tax the dead. Yes, this is done through estate taxes.
The main goals of estate planning are to ensure that the individual’s wishes are carried out, to minimize problems for the survivors, and to reduce estate taxes. The legal documents used to accomplish these goals include a durable power of attorney, a will, and, for some patients, a trust. Estate planning usually requires the services of an expert – an experienced Riverton Utah probate lawyer.
youtube
A durable power of attorney is a financial document that allows a named person, the attorney-in-fact, to handle the patient’s assets in certain specified ways. This document is called durable because it remains in effect even in the event that the patient becomes incapacitated. The durable power of attorney for health care is a special power of attorney encompassing only medical decisions. In many cases, the durable power of attorney for health care is included in a durable general power of attorney. As seriously ill patients find that they require a legal document that addresses financial concerns, a durable general power of attorney typically fulfills this purpose.
A will is a legal document that specifies how a person’s property is to be passed to survivors at the time of his or her death. A will stipulates one or more beneficiaries who will benefit from the estate. It also names an executor whose duties include paying residual bills and guaranteeing that the intentions of the deceased are carried out. Never attempt to make a will on your own. Under Utah law there are certain requirements for a valid will. Speak to an experienced Riverton Utah probate lawyer before making a will. Inform the lawyer about your assets and how you want your assets to be distributed after your death. Remember, Utah law gives you the right to determine how your assets will be distributed after your death. However, this right must be exercised before death. If you die without a will, Utah law will determine who gets a share in your estate and how much.
Probate refers to the legal process whereby the property is inventoried, expenses are paid, and remaining assets are passed on to the appropriate beneficiaries. The local probate court oversees this process, the administration of which commonly requires a year to complete. Probate is a complex process. Seek the assistance of an experienced Riverton Utah probate lawyer if you want to probate a will.
youtube
It should be noted that the probate process is sometimes unnecessary in the settlement of an estate. Some types of property, referred to as nonprobate property, may legally pass to the designated persons without the authorization of probate court. Such nonprobate properties include annuities, proceeds from life insurance, pensions, and jointly owned assets like bank accounts or houses. Because joint ownership yields the double benefit of avoiding probate and enabling property to pass quickly to the survivors, this strategy is widely relied on in estate planning. To enable orderly disposition of the affairs of someone who dies, the law provides machinery for payment of debts, death taxes, and expenses of administration, and for distribution of remaining assets to those entitled to the estate under the terms of the will or, if there is no will, under the applicable Utah intestate laws. This is done by appointment of a personal representative, generally called an “executor, ” if named in the will or an “administrator” if not named in the will. The personal representative has the right and obligation to take possession of the property and to apply it to the payment of funeral expenses, debts, and the costs of administering the estate. Costs of administration usually include compensation to the personal representative and a fee to counsel for the estate.
The remainder is distributed to the individuals named in the will. If there is no will, the person is said to have died “intestate,” and the estate is distributed according to the intestate laws of the state where the deceased lived (if the estate includes land located in another state, the intestate laws of the second state apply to the land). The intestate laws in most of the United States derive from English common law. The surviving spouse, if there is one, gets a share of the estate, usually one-third or one-half (the fraction varies depending on the number of children), and the rest of the estate goes in equal shares to surviving children and descendants of children who have died. The descendants divide the equal share the deceased child would have received if living. If there are no children or descendants of children, the property that does not go to the surviving spouse will typically go to parents and, if there are no parents, to brothers and sisters. The law inheritance by remote relatives; if there are no next of kin closer than some designated degree such as first cousin or children of first cousins, the property that does not pass to the surviving spouse will go to the state.
The intestate pattern is frequently unsatisfactory to a married person who primarily wants to make sure that his or her spouse will be adequately taken care of and wishes to provide for children or others only out of funds not likely to be needed for the spouse. Intestate laws may also fail to take care of the special cases of adopted children or stepchildren and, of course, make no provision for non-relatives or favored charities. In the absence of a will, the probate court must select an administrator to settle the estate. Preference is usually given to those who will inherit under the intestate laws or to their nominees. Depending upon the family situation, these may or may not be persons the deceased would have considered qualified.
If minors are among the next of kin of someone who dies without leaving a will, it will usually be necessary, unless the amount involved is small, to have a guardian appointed by the court to receive their shares of the estate. In many states, the court will not appoint a surviving parent or other close relative who might be the very person the deceased would have chosen.
The expense of settling an intestate estate usually is higher than for an estate administered under a will. The extra costs can arise in various ways. An administrator must often incur filing fees, legal costs, etc., by going to court to obtain authority to perform the same duties that the executor performs under the terms of the will.
The point is not that the interstate laws are bad or poorly drafted, but that they necessarily provide only an “average” solution to a problem that the owner of property failed to prepare for.
youtube
The homemade will has done almost as much as the automobile accident to foster litigation and enrich lawyers at the expense of bereaved families. Nonetheless, the idea persists that a will is a simple document anyone can write or, if extra care is necessary, create by filling in blanks on a printed form. Part of the problem may be that, like a graceful sculpture or a Picasso line drawing, a well-drawn will can have an economy of style that makes it deceptively simple so that the casual reader does not appreciate the skill and professional knowledge required to discriminate between what can be and what must not be omitted. The purpose of technical provisions may also not be readily apparent.
Too many people still write their own wills, probably expecting to save time or expense. Don’t. You will not be there when your will becomes operative. It’s your near and dear ones who will then have to suffer. Let an experienced Riverton Utah probate lawyer prepare your last will and testament.
For a simple will that gives everything outright to a surviving spouse or children, it may make sense to name the person or persons who will receive the estate as executors. They will be looking after their own money and as long as they are reasonably capable of attending to business and are generally available, they can obtain all the technical advice they need from the attorney for the estate. Do, however, give some thought to geographical availability. Also, it is usually better to avoid appointing so many people as executors (for example, all the children), that there is no pinpointing of responsibility. For larger estates, particularly when property is passing in trust, it may be advisable to appoint an executor with experience in the administration of estates. Often, there will be some person such as a son or daughter, family accountant, or family attorney who is a logical choice. In metropolitan areas, there are trust companies which are highly experienced in this field and can provide excellent guidance. Frequently, a good combination is a trust company plus an individual such as the surviving spouse, child, attorney, or other family advisor who is appointed to serve with the bank and who maintains contact between the beneficiaries and the bank.
Of all the choices you must take when choosing a mutual fund, the last place you would expect to make an error is in the way you put your name on the paperwork. Yet this simple step–one that transforms you from potential buyer to owner–could leave you open to future problems based on how you register your investment.
Probate is the state judicial process that determines the value of a deceased’s estate. Registering your account is an estate-planning issue. The idea is to maximize what goes to your heirs and avoid the headaches of probate. Mutual-fund holdings typically are subject to probate.
If the couple had created “bypass trusts,” the asset could have been split, each partner having a trust for their half. When the husband dies, the trust holds the money, with income given to the wife. When she dies, the principal is distributed–without estate taxes–according to instructions laid out when the trust was created. Her assets, also below the taxable limit, get passed on without estate taxes, too, thereby writing Uncle Sam out of the will.
Consult an experienced Riverton Utah probate lawyer to know about the right type of registration for your situation.
The bottom line is that you should not register assets emotionally but instead should get help to determine the best course of action for your heirs. In addition, you need to realize that many funds don’t list all registration options on their paperwork, meaning you must find out whether you need additional forms or whether you can submit a letter to get the account registered the way you want.
To get you started, here are the registration options you are likely to find on most fund account applications:
Sole ownership – This is a self-explanatory term. All responsibilities rest with the individual. When the owner dies, assets are distributed in accordance with his or her will (or divided according to state succession laws if the owner dies without a will).
Joint tenants with rights of survivorship – This is how most couples register shares. This lets one or more people–related or not–share ownership; when one dies, the shares avoid probate and pass directly to the survivor (although the amount still counts toward the value of the estate). If you change registration from sole to joint with anyone other than your spouse, you have made a gift.
Tenants in common – These partners share ownership, but by a specified amount (not necessarily a 50-50 split). When one partner dies, the money goes to the estate, not the survivor, and is passed along according to instructions in the will.
An experienced Riverton Utah probate lawyer is your best source of information when it comes to wills and inheritance. Speak to an experienced Riverton Utah probate lawyer before you make a will or if you want to probate a will.
Riverton Utah Probate Attorney Free Consultation
When you need legal help with a probate case in Riverton Utah, please call Ascent Law LLC (801) 676-5506 for your Free Consultation. We can help you with a contested probate case, an uncontested probate matter, a last will and testament dispute, a probate litigation case, a trust or will matter, a probate mediation or a probate arbitration. We can also help you with estate planning, including drafting a will, trust, power of attorney and health care directive. Call us because 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
Can Divorce Cause Mental Illness
Criminal Defense Lawyer Bluffdale Utah
Aircraft Law
Pooled Trusts
Bidding On Contracts
Can The Chapter 7 Trustee Sell My House?
Source: https://www.ascentlawfirm.com/probate-lawyer-riverton-utah/
0 notes