Utah Law on Returning a Car

Utah Law on Returning a Car

When purchasing a new automobile, Please be aware that there is no 3-day rescission law that applies to motor vehicle purchases in the state of Utah. You do not have a right to return the vehicle because you regret purchasing it, or have decided it doesn’t meet your needs, or you cannot afford it anymore. Once you purchase the vehicle, you assume responsibility for it. Some automobile sellers may have policies that allow you to return the vehicle within a certain number of days, but usually you may return the vehicle only for credit towards the purchase of a different vehicle. Please note that this is a policy set by the seller of the vehicle and not required by Utah state law.

Utah’s Lemon Law

Consumers who buy or lease a new car or motorhome or other type of motor vehicle in the state of Utah with significant defects that can’t be repaired or another word to buy a lemon can obtain relief under the Utah new motor vehicle warranty.

The lemon law apply to new cars under warranty it was extended in 1990 or later to also cover new leased vehicles and motor homes. It does not apply to used vehicles.

For your vehicle to qualify as a lemon under the Lemon Law the following criteria must apply #1 – the vehicle must have been purchased in the state of Utah. #2 – the vehicle must be new and under warranty. Number three the vehicle must weigh less than 12,000 pounds. #4 – the defect must substantially impaired the used market value or safety of the vehicle. #5 – the vehicle must have been to the manufacturer to have the same defect resolved at least four times or out of service to the consumer a total of 30 days during the first year or the warranty period, whichever is less.

If your problems occur after this time, you do not qualify for the Utah lemon law. Also, the defect cannot be the result of abuse, neglect, or unauthorized modifications of the vehicle and the consumer must go through any informal dispute settlement or arbitration procedure the manufacturer may have established.

if your vehicle meets all of the criteria that we’ve referenced herein, your next step is to file a complaint with the consumer protection division of the Utah Department of Commerce oh, our Law Firm has helped and can’t help you with this type of case if you need assistance. You must make sure to include with your complaint, copies of any relevant documents including service records, the arbitration or dispute settlement records, and all other records you have about the vehicle. After your car is determined to be a lemon, you may qualify for either a replacement or cash refund. The manufacturer may charge you a reasonable amount for the use of the vehicle as prescribed by law which is usually 10 to 23 cents per mile. You can have the division try to obtain restitution for you, or you can take a private action with the help of our Law Firm by filing a lawsuit in the District Court of the county in which you reside.

Lemon Law Lawyer Free Consultation

It’s not a matter of if, it’s a matter of when. Legal problems come to everyone. Whether it’s your son who gets in a car wreck, your uncle who loses his job and needs to file for bankruptcy, your sister’s brother who’s getting divorced, or a grandparent that passes away without a will – all of us have legal issues and questions that arise. So when you have a legal question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/utah-law-on-returning-a-car/


Don’t Trust Divorce Information on the Internet

Don't Trust Divorce Information on the Internet

You should keep in mind that what you read on the internet may be right or may be completely Wrong. The cases and the new developments in the law that are listed on the internet are the one in ten thousand rare exception and may not apply to your particular case.

On a regular basis we have clients come into the office and many of our new clients seem to only know the exceptions to the rules and are not familiar with the rule. This is because of new stories. What makes the top news is not the rule.

For example, if thousands of cases are all resolving the same way, that is not news. That is not something that is going to be picked up by Google searchers. It is not something that is going to elicit a huge volume of texted, linked (in and out bound) and comments by news worthy sources. It is only the exceptions to the rule that will be subject to link, sharing, in and out bound, together with a large volume of traffic. Therefore, people who are searching for joint custody, unique child support problems, or even specific problems with respect to their case and their fact pattern, may only be getting the exceptions to the rule and not what “normally” occurs on a day to day basis in the courthouse.

Think about it, nobody reports on the day to day cases handled by a Judge or Court Commissioner. Nobody reports on the law that is practiced daily throughout Utah, to the same extent, that interest is generated on the exceptions to the rule. Therefore, rather than spending a huge amount of time searching for information about divorces (and often coming up with just the exceptions to the general rules) it is best to contact an attorney.

It is our opinion and our experience that the larger the firm, the greater amount of cases that a law firm will handle. Therefore, the law firm will have real and updated information concerning facts and circumstances affecting couples and children in that location.
Furthermore, it is important to note that when a case is “noteworthy” or “newsworthy” it is usually after the case has “lost” twice or more. Cases in the regular trial courts in Utah State – call the District Court – or sometimes referred to as the “family court” often do not make the news or are newsworthy. It is only after the attorney or the law firm loses the case, that it is appealed to the Utah Court of Appeals. Thereafter, it may be appealed again to the Utah Supreme Court. Then if the case is reversed, or the decision is different or unique, the decision will be noteworthy and it will be the one exception to the rule after an approximate three to five year legal battle and tens of thousands of dollars in costs and lawyer fees on both sides.

Do not be mistaken, although the court decisions will have precedence and may control future decisions, this takes years and there is usually a reason why the case that comes up first on the internet is different from the average, ordinary, and regular day to day case. It stands to reason that if there is one out of thousands and thousands of cases is newsworthy, your specific case has a very poor chance of fitting into the very exact same circumstances. Remember, facts matter. Your situation and the specific facts that have happened in your case matter more than you may realize.

When looking through various medical websites people often see signs and symptoms that they personalize and feel are applicable to themselves. When looking through the internet, people see just a sampling of the law and the practice of attorneys in family law. That sampling is not representative of the average case. In fact, it is usually just the exception to the rule. A small amount of legal information is often worse than having a free consultation at our office.

Divorce Lawyer Free Consultation

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD


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


Source: https://www.ascentlawfirm.com/dont-trust-divorce-information-on-the-internet/

Immigration and Hiring for Businesses

Immigration and Hiring for Businesses

If you’re the owner of a small business, it’s
highly likely that hiring employees will be part of your many job duties.
Unfortunately, it’s not as easy as just posting an ad for a job and immediately
finding the perfect person to fill an open position. It can often be difficult
to find a good employee, and sometimes you may need to look at hiring immigrant
workers. In any case, the employment eligibility (i.e. immigration status) of
all prospective employees must be checked prior to finalizing the hire.

This article offers answers to some of the
most frequently asked questions when it comes to immigration and employment

Q: Does everyone you hire need to prove that
they are legally eligible to work in the U.S.?

A: Yes. Employers are
required to verify that every employee they hire is legally eligible to work in
the United States. This is done by completing an Employment Eligibility
Verification form (Form I-9) for each employee at the start of employment.

Q: Is an I-9 form required for all job

A: No. An employer is only
required to complete an I-9 form for people that he or she actually hires. The
form must be filed within three days of hiring the employee.

Q: Does an employer have the right to fire an
employee who doesn’t provide the required document(s) within three days of
beginning his or her employment?

A: Yes. If the employee can’t
provide the document(s) because they were destroyed, lost, or stolen, he or she
has the option of providing a receipt for replacement document(s). An employee
who provides a receipt for replacement document(s) has 90 days to provide the
actual document(s). Please note that an employer is required to apply the same
practices and rules to all employees. Failure to do so could be interpreted as

Q: What are the consequences for an employer
who properly completes an I-9 Form for an employee, but the
U.S. Immigration and Customs Enforcement
discovers that the employee is not actually eligible to work in
the U.S.?

A: An employer’s obligation
is to file an I-9 form and verify that the document(s) presented by the
employee are valid and authentic. If the employer does so, he or she will not
be charged with a verification violation. In order for the federal government
to impose sanctions on the employer for hiring an unauthorized worker, it must
prove that the employer had actual knowledge that the worker was ineligible to
work in the U.S. Keep in mind that an employer is prohibited from knowingly
continuing to employ a person whom ICE has determined is not legally authorized
to work in the U.S.

Q: How can an employer make sure that the
document(s) an employee presents are authentic?

A: When it comes to the
authenticity of document(s), the employer is simply required to examine them to
see if they (reasonably) appear to be genuine, relate to the employee, and have
not expired. The I-9 form provides the types of document(s) that are acceptable
for purposes of employment eligibility verification. Photocopies are not
acceptable; however, an employee can present a certified copy of a birth
certificate instead of the original.

Immigration and Business Lawyer Free Consultation

When you have a immigration and business question, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/immigration-and-hiring-for-businesses/

Simplified Employee Pensions or SEPs

Simplified Employee Pensions or SEPs

Simplified Employee Pensions, known as SEPs, represent an easy, low-cost retirement plan option for employers. Instead of establishing a separate retirement plan, in a SEP the employer makes contributions to his or her own Individual Retirement Account (IRA) and the IRAs of his or her employees, subject to certain percentages of pay and dollar limits. Employers who establish SEPs can – make tax deductible contributions to their own and their employees’ IRAs. Omit or reduce contributions in years when contributions are unaffordable and vvoid the administrative costs and the reporting requirements of conventional plans. Whether a SEP is appropriate for your business will depend on factors such as revenue, firm size and the age, compensation and retirement needs of the business owner and work force. You may want to discuss other retirement plan options with a professional advisor.

What is a SEP-IRA?

SEPs are retirement programs established by you, as an employer, which allow you to provide retirement benefits for yourself and your employees without paying the start-up and operating costs of conventional plans.
SEPs allow an employer to establish and make contributions to IRAs. The two critical differences between SEP-IRAs and other IRAs are (1) SEP contributions are generally made by employers, not employees and (2) the amounts contributed to SEPs can be much larger than the amounts contributed to IRAs. As a general rule, up to 15 percent of each employee’s pay, including your own, can be put into a SEP-IRA each year.

Here are some of the advantages for you as an employer. A SEP can provide a significant source of income at retirement. Contributions to a SEP are tax deductible and your business pays no taxes on the earnings on a SEP’s investments. You are not locked into making contributions in future years. You can decide each year whether to pay into the SEP and how much to contribute. Once you put money into a SEP you have no further responsibility for the amounts contributed. The funds are managed by a financial institution. A SEP can be established and operated without the administrative expenses, consulting fees or commissions usually associated with maintaining a conventional retirement plan. You ordinarily do not have to file any documents with the government. SEPs can be set up by sole proprietors, partnerships and corporations, including S corporations. You can deduct contributions to a SEP for a previous tax year if you make contributions by the due date of the employer’s tax return, including any extensions.

Advantages for Employees of a SEP

The money you contribute to your employees’ SEP accounts, as well as the investment earnings, belongs to them, even if they stop working for you. Employers’ contributions to the SEP-IRA are not included in employees’ income for income tax purposes. Employees pay no taxes on the amounts in their SEP accounts until they start withdrawing the funds. In case of an employee’s death, the assets in a SEP will go to someone the employee has chosen. Employees can change the financial institution where their SEP is invested. SEP contributions can continue until employees retire, but they must start withdrawing assets from a SEP when they reach age 70?.

How to Set up a SEP

You can set up a SEP by using the Internal Revenue Service’s “Model SEP” agreement Form 5305-SEP. All you have to do is the following things – Fill out Internal Revenue Service Form 5305-SEP, a quarter-page form with six blank spaces. This form is not filed with the Internal Revenue Service.
Decide the percentage of pay you want to contribute to the SEP. The contribution is limited to 15% of pay or $24,000* (for 1997), whichever is smaller. A uniform percentage of pay must be contributed for each employee. This number is indexed for inflation each year. Set up an IRA at a financial institution to receive your SEP contributions. An IRA can be set up by or for your employees to receive the contributions you make for them.
Mail the SEP contributions to the financial institutions. Give employees eligible to be included in the SEP a completed copy of the Form 5305-SEP and the other documents and disclosures listed in the instructions, including an annual statement to each participating employee of the amounts contributed to their account for the year.

You cannot use the IRS “Model SEP” if you currently maintain any type of qualified retirement plan or have ever maintained a pension plan for yourself and your employees that promised to pay specific benefits at retirement — a “defined benefit” pension plan. You also cannot use the Model SEP if you have any eligible employees for whom accounts have not been established. For this purpose, eligible employees include certain individuals who have a specific relationship to the employer.
For example, eligible employees for purposes of SEP contributions include “leased employees”, and members of an “affiliated” or “commonly controlled” group of employers of which you are a member. These are technical terms that are defined in the Internal Revenue Code. For example, the term ” leased employees” is defined in section 414(n) of the Code. The term, “affiliated group” is defined in Code section 1504, and the term “controlled group” is defined in Code section 1563. If you believe any of these terms apply to you, you should consult a professional advisor.
Although using the IRS Form 5305-SEP is an easy way to set up a SEP, you do not have to use this model agreement. Many financial institutions have their own SEP arrangements that have been approved by the Internal Revenue Service. In addition, employers may design their own SEP subject to the legal requirements.

If you use a non-model SEP, the law allows you to take into account Social Security contributions you made for your employees. If you want to do this, consult your professional advisor.

Who Must Be Included in a SEP

Generally, any employee who performs services for certain affiliated or commonly controlled employers (see the discussion on page 6 regarding these terms) must be included in a SEP. However, there are five exceptions to this general rule. Employers may exclude from the SEP – Employees who have not worked for the company during three out of the last five years.
Employees who earn less than a specified amount per year. This number is indexed for inflation each year. Employees who have not reached age 21 during the calendar year for which contributions are made. Employees covered by a collective bargaining agreement, if retirement benefits were the subject of good-faith bargaining. Non-resident immigrants who do not earn U.S. source income from you.

SEP Investments

Financial institutions authorized to hold and invest SEP contributions include banks, savings and loan associations, insurance companies, certain regulated investment companies, federally-insured credit unions and brokerage firms. SEP contributions can be put into stocks, mutual funds, money market funds, savings accounts and other similar types of investments.

You and your employees will receive a statement from the financial institutions investing your SEP contributions both at the time you make the first SEP contributions and at least once a year after that. Each institution must provide a plain-language explanation of any fees and commissions it imposes on SEP assets withdrawn before the expiration of a specified period of time.

Simplified Employee Pension Lawyer Free Consultation

When you need help from a business lawyer on a SEP matter, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/simplified-employee-pensions-or-seps/

Health Care Directive Agent

Health Care Directive Agent

Deciding who you will name as your health care agent is one of the more difficult and important decisions you can make when planning for the future. Depending on the state, your health care agent may also be called a surrogate, attorney-in-fact or proxy.

Your health care agent receives a durable power of attorney for health care from you, which gives your agent the power to make medical decisions for you if you are incapacitated or otherwise unable to make medical decisions for yourself. Depending on the state, the durable power of attorney may be referred to as a “designation of health care surrogate” or “appointment of health care proxy”, or something similar. Your agent will not be able to override any health care preferences you set out in a living will, but will have complete authority to make any other medical decisions.

Your primary concern when selecting a health care agent should be trust. This person may be put in difficult circumstances, so you need to be able to trust that this person will make healthcare decisions that you would make; not decisions they would make for themselves or decisions other family members may want. In addition to trust, here are some of the most basic factors to keep in mind when selecting your agent. First, assertiveness. This is important to ensure that your medical decisions will be made and enforced, it is critical that whoever you chose will be assertive. This person should be comfortable with the idea of disagreeing with your family, friends and doctor, as well as being capable of taking the matter to court if need be.

Second, consider your family situation because it is unavoidable to avoid potential issues regarding your family when important medical decisions have to be made. Families that may otherwise be harmonious may have sharply different ideas about end of life and quality of life issues. In addition, who you choose may cause hurt feelings amongst other family members. This should never cause you to name one person over another, but you should spend time with the people most likely to take offense in order to explain your choice. Using some of these factors to explain it (especially proximity, longevity and who you name as your financial agent) can reduce the chance of misunderstanding and family drama. You know, living close might have been important before, but it’s not so much now with cell phones. It is not necessary to have your health care agent live nearby, realize that if they are needed, they may need to spend weeks if not months at your location making decisions. This can be a perfectly valid reason to skip some obvious candidates and a great reason to explain to people why you chose one over another.

You should also think about the expected longevity of your agent. It may make more sense to choose your spouse than your parents, or even your eldest child (if they are fully grown) over your spouse who has suffered a stroke. Finally, realize that if you select one person as your financial agent and choose someone else as your health care agent, this could end up conflicting. If you completely trust both parties, then this may not be a real problem. However, if your financial agent strongly disagrees with decisions your health care agent is making, he or she may delay in paying bills which can greatly affect the kind of care you actually receive.
Don’t Name a Doctor or Hospital as Your Health Care Agent

It may make sense to have your doctor or a trusted hospital employee be your health care agent, especially if he or she has been treating you most of your life. However, most states have laws that prevent this, as it may put your doctor or the hospital employee in a conflict of interest and cause other problems.
Note that this may apply even to your preferred agent (e.g., spouse), if he or she is a doctor or hospital employee. So check your state’s laws if the person you wish to name as your health care agent is a doctor or works for a hospital.

You should generally never name more than one health care agent. It may seem like the diplomatic solution to any family issues, but it is more likely to cause problems than solve them. It often results in family in-fighting, and can strain or break relationships between people you care deeply about. It also can delay or cast doubt on decisions if one agent is unavailable and neither doctors nor courts want to follow through with questionable decisions. In a worst case scenario, one agent could take a matter to court which would cause considerable delay and acrimony between the parties.

Naming Alternate Health Care Agents

Rather than name multiple agents, it makes more sense to name alternate agents. If your named agent passes away or is otherwise unable to perform his or her required duties, then the responsibility would fall to your alternate agent. This can also be a diplomatic way to deal with family issues, as people named as alternates would still feel trusted and included. You should, however, take the task of choosing an alternate just as seriously as naming the primary candidate. Never select someone you wouldn’t trust and really want making decisions for you simply to avoid family issues.

Don’t Name a Health Care Agent

Rather than choose a health care agent you are not comfortable with, you should consider simply not naming one. If you don’t name an agent, your treatment will largely be guided by your living will (something an agent could never override anyways). If you do not name an agent, make sure you really spend time on your living will to cover as many scenarios as possible, and contact your doctor and hospital to discuss your medical care wishes and how to best see them carried out.

Health Care Directive Lawyer Free Consultation

When you need help with a health care directive in Utah, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/health-care-directive-agent/

Getting Property Back After Divorce

Getting Property Back After Divorce

It’s somewhat common for divorce agreements to include instructions for one spouse to transfer certain property to the other. However, after the divorce is finalized, you may find that your former spouse is not compliant with the settlement and refuses to relinquish your property.

Filing an Order to Show Cause

When your former spouse refuses to release items into your possession, you have the option of taking legal action. Filing a replevin will call a hearing between you, your spouse and a local judge. During the course of hearing, each partner will present his or her case, and the court will decide how to move forward. If the judge rules in your favor, a member of local law enforcement will seize the item from your spouse’s possession.
Additionally, if your spouse refuses to give you property agreed upon in your settlement, you may choose to file an action stating that your spouse is in contempt of court. When an individual violates a court order, such as a divorce agreement, they may face significant fines or even imprisonment if they do not comply.

Make Sure It’s In a Court Order or Decree of Divorce

If, after ongoing efforts, your spouse has decided to return your property — or if you are handing over items to your spouse — it is always in your best interest to attempt to secure a signed receipt. By having your spouse sign a document noting that the item was transferred, it eliminates all possibility that he or she may claim that items were not returned properly.
If your former partner refuses to sign a receipt, have a friend, family member or neighbor serve as a witness to the exchange. Should you have a concern for your safety during the transfer, you can call a local police department and ask if they can send an officer to the meeting.

Divorce can be a learning opportunity not only for the couple going through it, but also for any adult children they have who are in relationships of their own. Even fully grown children of divorcing parents are likely to have a difficult time adapting to the major changes a divorce can bring. But it also provides some important lessons.
The following are just a few things you can learn from your divorcing parents. First, no one is perfect: Everyone has certain character weaknesses and areas they can improve. This is important to remember whenever you are dealing with difficult family situations, whether it’s an argument with your spouse, a disciplinary scenario with your children or a moment of frustration involving a friend. It’s important to understand this in your relationships and work together to continue improving.

Don’t make a big deal over small issues: Whenever you’re involved in a long-term relationship, there are going to be small issues that annoy you. You’ve likely seen your parents handle these things poorly. It’s a learning opportunity — the small problems will pass, and addressing them in a way that doesn’t blow them out of proportion will ensure that everyone will move on. You are resilient. As humans, we can generally handle a lot more emotionally than we give ourselves credit for. Watching your parents come out of a divorce and rebuild their lives, you can see what people are truly capable of. They take a bad, painful situation and come out of it whole. If they are capable of that, so are you. Always need to be prepared for change. Even when we get comfortable with our lives, there’s always the chance that a curveball will come our way. With the proper mindset and some adaptability, you’ll be able to manage these inevitable challenges.

Free Consultation with a Divorce Lawyer

If you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/getting-property-back-after-divorce/



There are lots of different types of trusts. Trusts are estate-planning tools that can replace or supplement wills, as well as help manage property during life. A trust manages the distribution of a person’s property by transferring its benefits and obligations to different people. There are many reasons to create a trust, making this property distribution technique a popular choice for many people when creating an estate plan.

How to Make a Trust

The basics of trust creation are fairly simple. To create a trust, the property owner (called the “trustor,” “grantor,” or “settlor”) transfers legal ownership to a person or institution (called the “trustee”) to manage that property for the benefit of another person (called the “beneficiary”). The trustee often receives compensation for his or her management role. Trusts create a “fiduciary” relationship running from the trustee to the beneficiary, meaning that the trustee must act solely in the best interests of the beneficiary when dealing with the trust property. If a trustee does not live up to this duty, then the trustee is legally accountable to the beneficiary for any damage to his or her interests.
The grantor may act as the trustee himself or herself, and retain ownership instead of transferring the property, but he or she still must act in a fiduciary capacity. A grantor may also name himself or herself as one of the beneficiaries of the trust. In any trust arrangement, however, the trust cannot become effective until the grantor transfers the property to the trustee.
Example: A grantor transfers money to a bank as trustee for the grantor’s children, with the bank instructed to pay the children’s college expenses as needed; the bank carefully manages the money to ensure there are funds available for this purpose. The children do not have control of the funds and cannot use the funds for any other purposes.

Testamentary Trusts and Living Trusts – They are different

Trusts fall into two broad categories, “testamentary trusts” and “living trusts.” A testamentary trust transfers property into the trust only after the death of the grantor. Because a trust allows the grantor to specify conditions for receipt of benefits, as well as to spread payment of benefits over a period of time instead of making a single gift, many people prefer to include a trust in their wills to reinforce their preferences and goals after death. The testamentary trust is not automatically created at death but is commonly specified in a will and so as a will provision, the trust property must go through probate prior to commencement of the trust.
Example: A parent specifies in her will that upon her death her assets should be transferred to a trustee. The trustee manages the assets for the benefit of her children until they reach an age when the parent believes they will be ready to control the assets on their own.
A living trust, also sometimes called an “inter vivos” trust, starts during the life of the grantor, but may be designed to continue after his or her death. This type of trust may help avoid probate if all assets subject to probate are transferred into the trust prior to death. A living trust may be “revocable” or “irrevocable.” The grantor of a revocable living trust can change or revoke the terms of the trust any time after the trust commences. The grantor of an irrevocable trust, on the other hand, permanently relinquishes the right to make changes after the trust is created. A revocable trust typically acts as a supplement to a will, or as a way to name a person to manage the grantor’s affairs should he or she become incapacitated. Even a revocable living trust usually specifies that it is irrevocable at the death of the grantor.

Irrevocable trusts transfer assets before death and thus avoid probate. However, revocable trusts are more popular as a means of avoiding the probate process. If a person transfers all of his assets to a revocable trust, he owns no assets at his death. Therefore, his assets do not have to be transferred through the probate process. Even though the grantor of the trust died, the trust did not die, so the trust assets do not have to be probated. However, trusts avoid probate only if all or most of the deceased person’s assets had been transferred to the trust while the person was alive. To allow for the possibility that some assets were not transferred, most revocable living trusts are accompanied by a “pour-over” will, which specifies that at death, all assets not owned by the trustee should be transferred to the trustee of the trust.
Example: Mark sets up a revocable trust, which states that on his death, his assets should be distributed to his children in equal shares. Mark transfers his house to the trust, but does not transfer some rental real estate he owns. At Mark’s death, the trust can distribute the house outside of the probate process, but the rental real estate will have to be probated. Based on the will, the probate court will order the rental real estate be transferred to the trustee, who will then distribute it according to the terms of the trust.

What is a Successor Trustee?

Although a grantor may name himself as trustee of a living trust during his lifetime, he should name a successor trustee to act when he is disabled or deceased. At the grantor’s death, the successor trustee must distribute the assets of the trust in accordance with the directions in the trust document. In many states, certain people must be notified at the death of the grantor.

Trust Lawyer Free Consultation

When you need legal help for a trust, call Ascent Law for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506

Source: https://www.ascentlawfirm.com/trusts/