Both my uncle and aunt have hired a lawyer to get my fathers heirlooms that have been in my parents house my entire life and a few things he inherited from my grandfather when my grandfather passed away. My father was still married so shouldn't the heirlooms automatically go to my mother and... View More 
answered on Mar 8, 2018
Assuming all of your father's children are also children of your mother, then the heirlooms are hers unless there is some other Will or instrument governing their ownership. Even if your father had children that weren't your mother's children, it would be divided between your mother... View More
First, if there is a small estate (less than $100,000 and no real property), does a personal representative need to be appointed and does the estate need to be summarily closed? Second, can a small estate affidavit be used to access money in a single-party account owned by the decedent?
answered on Feb 6, 2018
Usually, if the estate is exempt from probate (no real estate and value under $100k), then you should not need to have a personal representative appointed through the courts. Whoever is the designated personal representative in the decedent's Will (or, if none, the closest living relative) may... View More
She is also the executor of his will and states after probate it is hers and she doesn't have to follow through with with his wishes. Is this legal? if not what can be done?
answered on Jan 31, 2018
I'm sorry for your loss. Much depends on the wording of the Will. Many properly-drafted Wills would contain language allowing your sister to occupy the home during her lifetime, but that the home be held in a Trust instead of in her name to avoid these types of problems. Even so, it is... View More
my great grandmother's will left her house to my grandmother who died before her. My great grandmother's will said "if any of my children should pre decease me then their inheritance shall be had by my children's children" what I would like to know is does this mean that my... View More
answered on Jan 29, 2018
Generally, a Will is only effective for 3 years after death. After that point, a determination of heirs proceeding will be used instead of a probate proceeding. Either way, it appears to be the same distribution in this situation. When someone passes away without a Will in Utah, their estate is... View More
My father claims the money was lost in the stock market. How do I go about getting what was left.
answered on Jan 29, 2018
This really depends on a lot of different factors. If the funds had vested to you (meaning they are not contingent on someone else like your father passing away), then the Trustee is responsible for those funds and was responsible for their appropriate investment. I would suggest contacting an... View More
answered on Jan 29, 2018
It depends. Ultimately, child custody is determined by a judge. However, the nomination of someone in a deceased person's Will is taken into account. When another parent is still living, the children will usually go with that parent.
Finances, on the other hand, are 100% determined by... View More
Husband died 7 years ago. I'm selling the house and was told they could not get a clear title without going through probate due to The laws being different in 1987 when the house was bought. We have one child together and he has two children from previous marriages.
answered on Jan 29, 2018
I'm sorry for your loss.
Probate is probably unavailable at this time, due to the length of time since his passing. Instead, you will need to obtain an order determining heirs. Most probate attorneys in the county where he passed would be qualified to help you with that process.... View More
My mom has dementia, my older sister who lives out of state has power of attorney. My daughter who has lived with my mom the last 2 years taking care of her has also done her finances as my older sister would send them down for her to do. In my mothers living will i believe it states that upon her... View More
answered on Jan 29, 2018
I'll make a couple of assumptions here: 1) That her Last Will and Testament is validly executed; and 2) her Power of Attorney is validly executed.
Your mother's Last Will and Testament is only effective upon her death. Further, the agent under a Power of Attorney has a duty to... View More
She still owes on her house. We are going to pay it off. What about other bills? I was told to start sending the death certificate to bill collectors. She was taken to the hospital from work where she passed. Are they responsible for any of the bills? She was working for the local 99 union. She... View More
answered on Oct 9, 2017
I am sorry for your loss. Usually, if the estate has any real estate that was in her name and not held in a Trust, a probate will be required to transfer the home to the names of her heirs or to give you authority to sell her home. However, if you find that the back taxes owed, medical debts, and... View More
are more than assets? Death occured in 2011, not probated to date.
answered on Feb 3, 2017
Thank you for your question. One thing to keep in mind is that a probate will not be allowed in Utah if more than 3 years have passed since the deceased passed away. If you need to determine the heirs of certain property, a local attorney can help you with a court order determining heirs, but... View More
My longtime partner and I want to sell a home in Salt Lake. She lives out of state. Only her name is on the title, but both our names are on the second mortgage. The first mortgage is paid. How can we sell without her having to travel to Salt Lake? Should I be added to the title? Can't a Salt... View More
answered on Dec 3, 2016
You shouldn't have a problem working remotely so long as you have a team of professionals working for you in salt lake. A realtor and a title company should easily be able to do everything for you.
We are a Fiduciary Trustee and our client is deceased, I would like to know how long is the creditors period in Utah and does the Trustee have a duty to send a Notice to creditors? We are not Personal Representatives, but there are no estate assets so there will not be a formal probate.
answered on Oct 19, 2016
Good question. Usually, creditor claims to an estate expire 12 months after death. That being said, best practice is to notify before distributions are made to beneficiaries. Requirements of fiduciary trustees may be higher, so I would suggest retaining counsel regarding your legal obligations.
Board game is 20 years old. Has small pieces, doesn't have choking hazard warning label. My license is expired, all rights I had are gone. I'm selling 2000 games to someone else who wants to sell them individually. Am I responsible in case of worst case scenario "a child chokes"... View More
answered on Oct 18, 2016
It's hard to answer your question completely without more information. That being said, if the game is no longer yours to license, and you are merely selling the game wholesale to another seller, then I would suggest an indemnity clause in the purchase contract requiring the seller to assume... View More
Copies of a recorded will and trust from Probate Court of my late father have recently became known to me. All siblings and I are named as beneficiaries. The recorded documents are deliberately incomplete, pages missing, leaving only the trustee in charge. as no one else is never mentioned again.,
answered on Jun 3, 2015
It seems like there is either some inappropriate conduct, or someone did not prepare the estate documents effectively. Either way, you should probably hire a trusts specialist in your area.
he recen tly sent me a copy of his pour over will and a copy of his living trust, my step brother is acting very suspicious if u know what I mean, please help me I don't know what to do, I was told that I need a pro bono attorney
answered on Jun 3, 2015
You may not be able to find a pro bono attorney to handle probate litigation in your area, but many will be willing to consult with you for free or for a small fixed fee to look over your documents and steer you in the right direction.
answered on Jun 3, 2015
You should clarify how the name is on the house. If your sister is listed as a joint tenant with survivorship rights (never recommended, but common because it's a cheap way to bypass the probate process), then the deed will control over a Will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
