Can the trustees bypass that heir and have it closed anyway? Does an heir who is uncooperative with the trustees and their attorney have any rights to contest what the trustees have done with the trust? The uncooperative heir is myself because of the dysfunctional relationships in my family. Thank... View More 
answered on Mar 8, 2021
If a Trust is handled incorrectly, you can contest that in court. You definitely have the right as an heir to contest.
Being uncooperative won't be appreciated by a judge. You want to have a good reason to contest, and be prepared to pay for attorneys fees that are not paid back if... View More
I am about to inherit restricted stocks from my father who was an insider in the company. I dont know what the restrictions are exactly yet, but whatever they are, can I and how likely can I succeed to force the company to lift those restrictions in the court?
Do they need to have... View More
answered on Feb 3, 2021
Hello,
That questions is difficult to answer. If your Dad died while working at the company, perhaps the stock will come restriction free. Usually restrictions are in place to prevent insider trading, so if there is no chance at insider trading anymore, they may lift them. Other... View More
A 62 year old female continues to live in her parents home after they have been dead for several years. She receives minimum disability benefits. The home was part of a trust to multiple family members, one of which has died and the others seem to have no interest in the property as far as... View More
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answered on Dec 28, 2020
If the house has been retitled in the names of the multiple family members as a result of administration of the trust, then the other owners need to sign one or more deeds transferring their interests to the 62 year old lady.
If the house is still in the name of the trust, then the trust... View More
My parents and I both used an attorney in South Jordan, Utah to write up trusts in 2014. My parents are now trying to refinance their reverse mortgage. We need information from the attorney. We tried to contact him via telephone and email. Can't leave message and emails kicked back. Checked... View More
answered on Dec 10, 2020
As a best practice, clients should safeguard estate planning documents rather than the lawyer or law firm. Having a scanned digital copy is also a good idea. You might be able to find some records with the county recorder's office if real estate was transferred to the trust. Otherwise, you... View More
answered on Dec 1, 2020
I don't know! You live in Utah and things are done differently there! LOL
Please go see a divorce lawyer ASAP. Most good family lawyers will hear you out in the first sitting. Here in Florida (and in Texas and Oklahoma) the court can award temporary alimony, child support and... View More
We were in the process of setting up a trust for my sick mother when she suddenly became so sick (the day of hoping to sign in fact). Hindered by getting a notary public because of Covid, is there anything we can do?
answered on Nov 16, 2020
Sadly, if the document is not signed it has no legal impact on the estate. If she died with a prior will and trust then that would be controlling. If there is no will or trust signed, dated, witnessed and notarized, then she died intestate. The rules of intestate succession in the state where... View More
The father died in 2012, but due to personal circumstances, the probate was opened in 2020. Now the stock value increased. Which price of the stocks should be considered for estate taxation: at the date of death or at the date i collected it?
answered on Oct 12, 2020
The date of death value. Even though the stock didn't transfer, your right to the stock activated at his death.
I hope this helps.
Wes
He married my mom about 25 years ago and they divorced. He never adopted us girls but was are father. My sister took everything. He always insisted there was a Wil and it disappeared. How can I get my share and how is it legal she can take it all. Its so unfair cause me and my father was the... View More
answered on Sep 30, 2020
You are legally considered someone's descendant if they were your birth parent or they adopted you. If you are not a descendant, you can only inherit if they leave behind something stating that you are the intended heir. If your sister is the only living descendant of your stepfather, and... View More
There was a change in the exemption amount between 2011-2020. In 2018 Trump increased it from $5.6MM to $11MM
answered on Sep 18, 2020
The estate tax is determined at the time of death. Therefore, if there is an exemption on the tax it would be at the time of death, not at the time you actually receive the property.
My ex called me tonight to let me know he is selling his house but can’t because my name is on the title. He is asking me to sign documents that basically give my rights to the house away? I don’t know how this works and I had no idea I was even on the title. We was never married. We bought... View More
answered on Sep 11, 2020
As a Real Estate attorney, I don't have much to tell you. Outside of a marriage relationship, if someone places your name on the deed, this is normally either a gift, or a purchase, of 50%. When a parent adds a child to their deed, the child is now a part owner.
Because you had a... View More
BF died of drug intoxication. Insurance is asking for prescription list, autopsy and toxicology. We were not married how do I obtain these? I doubt his family will help me obtain one.
answered on Sep 8, 2020
Obtain some sort of official demand from the life insurance company and give a copy to the sources of the documents you need. This may work.
Attorneys can normally obtain these items with a letter saying they need it for their client to obtain insurance.
If neither of these work,... View More
THE MURPHY FAMILY TRUST
answered on Aug 29, 2020
There is no public database where trusts are recorded. Trusts are generally kept private. If you know who prepared the trust, you may want to call them as they may still have a copy of it.
The will state all assets are to be divided among all four daughters equally. My older sister is the executer and she has lied to the probate judge about his bank accounts and other things . Her son has all the guns I have tried to get my share and he won’t release them . He said he will to my... View More
answered on Aug 17, 2020
I am sorry for your predicament. The will should govern the distribution of the estate. If the executor is lying to the probate judge, and you want to do something about it, then you need to file a motion about the executor's improprieties.
If the will says divide 4 ways, then that... View More
answered on Jun 30, 2020
It looks like some of the other ordinary resources that post UCC 9-105 (Control of Electronic Chattel - Paper) do not include them. You posted under Admiralty/Maritime - I checked but could not find cross references under ordinary maritime laws I work with. The attorneys familiar with banking... View More
I bought a house with two tenants, one is month to month and the other has a lease in place till next year.
I read about a buyout clause in the lease that doesn't specify who can use it. Is that an option?
I have other plans for the home in the short term. The house... View More
answered on Jun 8, 2020
The answers to your questions are in your contract. As I haven't read the contract, I can't give you any sure answers. I will say that most Buyout Clauses in leases are designed for the Tenant to buy the property, not the reverse. How to serve documents on a Tenant, like a clause allowing... View More
we hired an attorney to write three amendments to a living trust. my mother was on her death bed and the attorney was out of town so he instructed us to see his paralegal and give her the instructions and he would meet with us at 8:30 am the following tuesday for her to sign the papers and then he... View More
answered on May 15, 2020
I am not sure I understand the question. This is a strange happening indeed. I am sorry for your loss. Trust amendments are not typically filed in court. In addition, in the creation/modification of a trust there usually isn't court appearance either unless it was an irrevocable trust and... View More
His relatives will not give me a copy of the death certificate. There is no trust or will.
answered on May 12, 2020
You can still obtain one for yourself while filling out the application.
https://vitalrecords.utah.gov/wp-content/uploads/Death-Certificate-Request-Application.pdf
In the applicant box you would check other, and put "beneficiary of life insurance" and attach a page from... View More
A couple days before my mother passed away my sister and uncle drafted up their own quitclaim deed putting my moms house in my sisters name. I wasn’t informed until the moment of the signing that my name wasn’t attached. My mom was in no state to be signing any kind of legal documents. She was... View More
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answered on Apr 25, 2020
It sounds like you are worried in advance about something that may or may not happen. If you do not receive your share of the proceeds within 48 hours after the closing (keep checking your bank account online), then repost your question.
I just need to know how I go about getting the house transferred in to my name
answered on Apr 22, 2020
If the property is still in the decedent's name, you will need to open a probate and get an order from a judge awarding you the property. This order will get recorded with the county recorder to put the home in your name.
not only has my brother been selling alot of the belongings he is claiming there is no life insurance. Just last year my dad mentioned to me how much i would be getting. i hated when he brought that subject up. especially when we were literally burying his dad the last time he mentioned it. My... View More
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answered on Apr 20, 2020
You need to hire a probate attorney to help you probate your father's estate. you most likely are entitled to a share of the estate under the laws of intestate succession bu the exact percentage depends on other facts.
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