The actual obtaining of the EIN for the trust is a relatively simple matter, but you really need to establish your authority to do so.

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... View More

Cash is considered tangible personal property. In your case, money held in the bank would either be deemed "cash" or "intangible" property.

I hope this helps.

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... View 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).... View 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.

The trustee will likely be able to move... View More

Hello,

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... View More

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

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... View 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... View More

Hi, I am not sure what you are referring to. Please be more specific.

Wes

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... View More

Hello,

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... View More

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.

So the answer... View More

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

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... View More

I am sorry to hear of your loss. You are correct, if he died owning real estate (name on title) you will most likely have to go through probate.

I take it that the land is in Utah and your father was domiciled here when he passed?

I would be happy to help. Please reach out... View 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... View More

There are no restrictions on you right to contract at the moment you take possession or even after. Written leases serve parties much better than oral leases do, but both are equally valid and legal.

If you are looking for a way out of your lease based on someone presenting the lease for... View More

Yes,

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... View More