Hi, dividend income would be considered income tax. The estate tax has to deal with the total amount of value passing from the decedent to others. So, it can be counted as both--income when received by the estate and an amount chipping away at the estate tax exemption credit. Most people are not...Read more »
The house is a long distance from the trustee’s residence and full of personal property to be garnered, valued, and distributed. The house is to be sold with equal shares to beneficiaries. The trustee is one of those beneficiaries.
It sounds reasonable as long as it doesn't take too long. If the trust doesn't speak to that ability, then the trustee probably can. A trustee's actions need to be reasonable or some other standard as outlined in the trust agreement. If this is done, then the trustee will still...Read more »
When he was alive, he told me that he put his dog in his will and specifically told me that it was important (he was acting very cryptic and secretive about it). His estranged wife keeps asking me if I'm going to keep her. I told her yes, and that I suspected my friend (her estranged husband)... Read more »
If you are to receive his dog (which is deemed "property") then you are a beneficiary of the will. As such, you are entitled to see the Will unless the Will says otherwise (something like, no beneficiary is entitled to a copy of the will and will be subject to judicial review only)....Read more »
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... Read more »
I agree. Ultimately if you have a valid reason for not cooperating, then you don't have a lot to worry about. It is never a good idea to be frivolous withe the Court system. Typically, the resources of the Court are less than are needed.
In order to transfer ownership of a corporation to another you will transfer shares. The other way to do it is to transfer the assets of the corporation by means of an asset purchase. There are benefits and drawbacks to both ways. I suggest we book a consult to discuss this...Read 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?
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...Read more »
They won't give him any details on how much it is or how long it's going to take them to get it to us. I mean 30 years, its been long enough can you help us what are the laws. They finally got ahold of him because of ottit
The first thing you should try to do is to get a hold of the estate docs. The Will and/or Trust. These documents will speak to your right to demand an accounting or other information. If they don't then you will be looking to the Utah Probate code or Utah Trust code to see if you have rights...Read more »
We have a 5 year contract with a property management company. The HOA board feels that the management company has failed to meet its duties and it is not likely to change. We want to cancel the contract. They have refused to let us out and say that they will only let us out if we pay the... Read more »
I agree you should consult an attorney with your contract. Just because there is not an "early termination clause" doesn't mean that they won't suffer damages if you end the contract early. The amount of damages will likely be the lost profits on the contract, but if you have...Read more »
I was under contract (standard UT REPC) with seller for property. I went to close on the property (prior to require closing date) and find out the seller has sold the property to someone else. I paid $2K earnest money and also hired people to inspect and consult on the land. Now, like properties... Read more »
I am sorry to hear about your situation. That is rough. Sounds like the seller made a calculation about the risk of being sued and damages and thought that selling it to another at a higher price was worth it. Unfortunately situations such as this are not uncommon, thought typically it has to do...Read more »
My business does consulting (UX Design) for other businesses. I have a contract that I use, but it has a section where a specific scope is defined. I have a client that wants to be able to sign an overall agreement (like my contract), and then define projects and agree to them as they come. So... Read more »
The best way to handle something like this is to make the contract dynamic in that it would refer to another document titled "scope of Work of Project X" and then define the terms of that particular project. The challenge though, is that you are going to need that other...Read more »
Asking because a friend wanted to know if I could sign his apartment lease agreement for him. In addition, I am wondering if someone could sign a legal document such as applying for auto or medical insurance policies on behalf of a person?
A financial power of attorney is used by someone to appoint and authorize an agent to enter into legally binding contracts and pursue legal rights on behalf of another person. In order to represent a company however, you typically need to be an attorney to represent another.
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?
The will states state the Executor can sell the property, real or personal, etc. without an order of the Court. However, only her name is on the deed with the Washington County Recorder's office. Does the will directing the executor to sell the home, allow the home to be sold and the... Read more »
No, just because states that the executor can, doesn't mean that the recorder's office will let them transfer title. "Probate", refers to old England process where they had to prove the will or see if the will was valid. You will most likely have to run the will through probate...Read more »
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... Read more »
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...Read more »
I will be out of state due to work the next week. Me and my girlfriend are trying to get an apartment and I want her to be able to fill out applications and with any luck an apartment lease while I am gone. Can this be done with a power of attorney?
That possible. I would limit the Power of Attorney to specify what exactly she can and can't do in your name though. I am not sure I would give her general power or attorney, because although it would allow her to sign leases for you, it would also allow her to empty your bank...Read more »
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