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What Are The Benefits of a Structured Settlement?

Home > Attorney At Law

What Are The Benefits of a Structured Settlement?What is a structured settlement and how can it benefit you? Anyone that files a personal injury case and settles outside of court or even wins the case will be awarded the money through a structured settlement. Rarely do companies offer one big lump sum to pay for the expenses as it costs them too much money up front and it can bankrupt companies if they have multiple lawsuits. The structured settlement system is very intelligent as it is set up to help you live a comfortable lifestyle. Structured settlements don’t make you rich; they instead allow you to have enough money to meet your needs.

Why Are Structured Settlements Beneficial?

Anyone that has problems controlling their spending should consider a structured settlement. The structured settlement will keep you from overspending as you get a set amount each month or through periodic payments. It’s up to you to decide how to spend this money but just know that you won’t get an extra payment if you decide to put it toward car instead of your medical expenses.

What makes structured settlements great is the tax benefits they come with. You no longer need to worry about paying taxes as a structured settlement is tax free income from the Federal government and it is also tax free in each state. Check on other regulations pertaining to structured settlements in order to see that you have rights in case a company goes bankrupt and you are concerned about the structured settlement payments. There is also a section for structured settlements that allow you to have more flexibility with the income and who it can be transferred to in the event that you are unable to manage the money and your beneficiaries need to take over.

Can You Sell a Structured Settlement?

If you find that you need more money now than what the structured settlement is providing, you do have the right to sell a structured settlement. Selling a structured settlement does require approval from a judge. In most cases the judge wants to see documentation as to why they should allow you to sell your structured settlement and cash out the money. The purpose of the structured settlement is to keep people from spending all of the money and when you cash out the money there is no way to know that you will be smart with controlling your spending and holding onto the money.

When an individual decides to sell a structured settlement, they will give up a large amount of money. The structured settlement sale only allows you to collect a lump sum payment from investors. They rarely offer the full amount because they won’t be able to make money off it this way. Instead they will come up with an amount that they feel is fair and provide you with this amount instead. Depending on your situation and desperation you may find that you have to sell at this price. Be very diligent in seeking out the right annuity companies and others to purchase the structured settlement. You need to be sure you are getting money from a company that is reputable and will be able to provide you with a fair amount.

Since structured settlements are difficult to understand, we recommend consulting with one our of attorneys to discuss your structured settlement.

Filed Under: Attorney At Law

mobile home law utahMobile homes create unique legal issues for landlords. This is because the tenant often owns the mobile home, but rents the space in the mobile home park. However, in some instances the mobile home park (or an entity of the mobile home park) also owns the mobile home.

Two Types of Mobile Home Leases

There are two common types of mobile home leases. In the first type, the tenant owns the mobile home but leases a space or lot in a mobile home park from the park owner. In the second type, the landlord owns both the mobile home and the land upon which the mobile home sits. In some states, like Utah, the law treats this type of mobile home lease the same as if an apartment was being rented.

Special Lease Provisions to Include When Renting a Mobile Home

Like with any other residential leases, the laws of most states require that leases for mobile homes be in writing. Some of the things that need to be included or covered in the lease for a mobile home are:

  • Rent. The lease agreement should define whether it covers both the mobile home and lot or whether the two are leased separate.
  • Security deposit. In a mobile home lease where only the lot is being rented, the lease may not require a security deposit, however, where a mobile home is also part of the lease, the agreement should require a security deposit.
  • Condition of the Mobile Home. The lease (or a separate document) should detail the condition of the mobile home, i.e. the condition of the carpets, fixtures, walls, yard, etc.  By documenting the condition prior to allowing the resident to occupy the mobile home you will protect yourself from claims that habitability or other conditions existed in the mobile home before the resident took occupancy.
  • Park Rules. The tenant/lessee should be bound to the same park rules as a tenant that owns their own mobile home.  The mobile home lease should include a provision requiring the tenant to abide by the Park Rules. Often, the Park Rules will be included as part of the lease in an addendum or incorporated by reference.
  • Lease Termination.  The lease should include a provision that allows the lease to be termination for violations of the Park Rules.

Lawful Reasons for Eviction

In addition to the usual reasons for eviction (such as failing to pay rent), a tenant leasing space in a mobile home park can normally be evicted for violating park rules and failing to promptly correct the violation or harming or threatening to harm someone in or near the mobile home park.

Questions for Your Attorney

  • What kind of insurance should I have if I own and rent mobile homes in my mobile home park?
  • How are my legal obligations to the residents different if I am renting the mobile home in addition to the lot?
  • Does my current lease agreement allow me to evict my tenant for failures to comply with the Park Rules or for multiple violations of the Park Rules?
  • A tenant on my property is selling his/her mobile home, does it make sense for me to buy it from him/her?

https://www.lebaronjensen.com/practice-areas/real-estate-law/mobile-home-park-representation/

https://www.lebaronjensen.com/tyler-j-jensen/

Summary of Rule 26.3 regarding Mobile Home Contracts.

Filed Under: Attorney At Law

A Victory For Lebaron & JensenIn Rupp v. Moffo, LeBaron & Jensen defended the rights of a single mom against the Chapter 7 Bankruptcy Trustee who was trying to stick her with a debt that she did not owe. See Summary below. Stephen W. RUPP, Trustee, Appellee, v. Angie MOFFO, Appellant. Case No. 20130377. Decided: August 14, 2015 Angie Moffo lived rent free for eight years in a home owned by her brother-in-law, Doug Rich. After Rich filed for Chapter 7 bankruptcy, the appointed bankruptcy trustee, Stephen Rupp, filed suit against Moffo for back rent under Utah’s Uniform Fraudulent Transfer Act, asserting that Rich had defrauded his creditors by allowing Moffo to live in the house rent free after he became insolvent. The district court concluded that Moffo was the recipient of a fraudulent transfer and entered a $34,200 judgment against Moffo. The Supreme Court vacated the judgment entered against Moffo, holding that Rich did not transfer an asset to Moffo within the scope of the Act because the home was fully encumbered by a mortgage, and any rents were not the property of Rich. Remanded with instructions to enter summary judgment in favor of Moffo.

Filed Under: Attorney At Law

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1241 North Main Street
Layton, UT 84041
(801)773-9488

1048 Main St, Suite A,
Evanston, WY 82930
(307) 323-4747
Monday 8:30 AM - 5:30 PM
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Wednesday 8:30 AM - 5:30 PM
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Hours

1241 N Main St
Layton, UT 84041
(801) 773-9488
1048 Main St, Suite A,
Evanston, WY 82930
(307) 323-4747
Monday 8:30 AM - 5:30 PM
Tuesday 8:30 AM - 5:30 PM
Wednesday 8:30 AM - 5:30 PM
Thursday 8:30 AM - 5:30 PM
Friday 8:30 AM - 5:30 PM
Saturday Closed
Sunday Closed

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