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LeBaron & Jensen Attorneys

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The Differences Between a Will and a Trust

Inicio>Attorney At Law

Estate planning is a tricky field to navigate. There are benefits to both wills and trusts. The best approach for you will vary based on your situation. It is highly recommended to consult with an experienced real estate attorney before making any decisions regarding the distribution of your estate.

Similarities

Wills and trusts are both designed to direct the distribution of your assets after your death. They can significantly speed up the inheritance process and prevent your assets from ending up in hands you wouldn’t have wanted. However, the majority of Americans don’t have a plan in place for their estates.

Wills

The biggest part of a will is that it doesn’t take effect until after your death. With a will, all of your assets will go through probate. This means that a court will oversee the distribution of your assets. This can be a lengthy process, which means that your heirs may not receive their inheritance for 6-18 months after your death. When a will goes to court, it becomes a matter of public record. A will also allows you to appoint a guardian for your children.

Trusts

Trusts become valid as soon as you execute the documents. You act as the trustee and manage the assets during your life. These assets will then go to an appointed trustee upon your death, who will oversee the distribution of assets to the beneficiaries. Property distribution established in a trust doesn’t go through probate, which ensures that your beneficiaries can receive them immediately.

Property must be explicitly named in the trust. Any new acquirements must be added to the trust. For this reason, it is often recommended that an individual keep a “rollover” will that determines inheritance for any assets not included in the trust. Trusts allow clauses for mental incapacity, while wills don’t go into effect until after the estate owner’s death.

There are pros and cons to both wills and trusts. The laws vary between states and can have very different consequences for different assets. To determine the best estate plan for you, contact us at LeBaron & Jensen today!

 

Filed Under: Attorney At Law

An eviction notice is a vital part of the eviction process. No further action can be taken until an eviction notice has properly been served. There are specific situations in which an eviction notice may be served, although some types of eviction notices must offer an alternative course of action for the tenant.

Types of Eviction Notices

The first type of notice is a 3-Day Notice to Pay or Vacate. This notice allows the provision for the tenant to pay their rent, or whatever other amount is due, and remain living on the premises. Otherwise, the tenant must vacate the premises in 3 days.

Another type of eviction notice is a 3-Day Notice to Comply with Rental Agreement or Vacate. This type of notice is allowed when the tenant is failing to comply with the rental agreement, but changes can be made so that the tenant complies. If the tenant does not change in compliance with the rental agreement, they must vacate the premises within the 3 days.

In situations with month-to-month lease agreements, or when nearing the end of the rental term, a landlord may serve a Notice to Vacate by End of Rental Period. In most states, this notice must be served at least 15 days before the end of the rental period. This notice does not need to provide the tenant with additional options.

For situations with no oral or written rental agreement, the landlord may serve a 5 Day Notice to Vacate to Tenant at Will. The landlord is under no obligation to provide additional options to the tenant. These situations occur when guests refuse to leave, when a rental agreement has expired, or when the property is sold to a new owner.

What Conditions Must Be Met To Serve an Eviction Notice?

In order for a landlord to serve a 3 day eviction notice without offering alternative courses of action for the tenant, one of the following conditions must be met.

  • The tenant has assigned or sublet the premises contrary to the rental agreement
  • The tenant is causing damage to the property.
  • The tenant conducts an unlawful business on the premises.
  • The tenant has violated a term of the rental agreement that cannot be corrected.
  • The tenant commits a criminal act on the premises

 

Eviction can be tricky to navigate. There are many laws concerning both the tenants and landlords. To be certain that you are not in violation of any such laws, consult with an experienced attorney. For superior legal representation involving evictions, contact us at LeBaron & Jensen today!

Filed Under: Real Estate Law, Attorney At Law

3 Reasons You Need a Real Estate Lawyer

Purchasing a home is often a person’s biggest acquisition. Hiring a real estate lawyer can help you avoid a variety of concerns that come with home buying or selling. When searching for a home, you should take extra efforts to ensure that you are not going to run into some unexpected problems.

1. Tax Concerns

Whether you are buying or selling property, taxes will come into play. A knowledgeable real estate lawyer will be able to assist you with navigating the fields of income or estate taxes. Knowing any applicable taxes will help prevent you from being caught unaware or being charged with penalty taxes.

 

2. Legal Documents and Contracts

There are several legal documents and contracts that are involved in the purchase of a home. A real estate lawyer can help explain the obscure aspects of these contracts and negotiate the best possible outcome for you. They have experience in crafting all the necessary documents for a real estate transaction. A lawyer will protect your interests with a thorough examination of all legally-binding contracts before you sign them.

 

3. Title Search

One of the important functions a real estate lawyer can serve is completing the title search. The title search will alleviate any concerns regarding the seller’s legal right to sell the property. If there are any encumbrances that prevent the seller from selling the property legally, your lawyer will be able to find them. The lawyer will be able to complete a title search much more efficiently than another person.

Real estate laws vary from state to state, so it’s important to be familiar with the real estate transaction laws in your state. Hiring an experienced real estate lawyer can help you navigate the complex negotiations in a real estate transaction. To obtain counsel regarding your real estate transaction, contact the professionals at LeBaron & Jensen today!

Filed Under: Attorney At Law

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LeBaron & Jensen P.C. Abogados de Lesiones Personales

1241 North Main Street
Layton, UT 84041
801-773-9488
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1241 North Main Street
Layton, UT 84041
801-773-9488
Lunes 8:30 AM - 5:30 PM
Martes 8:30 AM - 5:30 PM
Miércoles 8:30 AM - 5:30 PM
Jueves 8:30 AM - 5:30 PM
Viernes 8:30 AM - 5:30 PM
Sábado Cerrado
Domingo Cerrado

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