Asked in Estate Planning for Utah

Q: daughter is per rep of will. son is left cash. mother states "as per my instructions by my daughter, tamra".

do the instructions have to be written down by mother or verbally stated to daughter enough?

son wants money paid in full asap.

daughter wants to pay out a little at a time to where it amounts to nothing $25,000.00 is the amount sister states has been left to son, her brother, by mother. can she do this? or is it hear say, or her say thank you

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2 Lawyer Answers
Paul Waldron
Paul Waldron
Answered
  • Estate Planning Lawyer
  • Orem, UT
  • Licensed in Utah

A: You have asked several questions, but I think the answer to all of them is, it depends on what is stated and directed in the will. You should sit down with an experienced lawyer and have her/him review the will specifically to advise you on what must/must not happen and where there is discretion left to the PR.

Wesley Winsor
Wesley Winsor
Answered
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: I don't think that the distributions can be scattered over time unless the will purports to create a testamentary trust. Like another has said, it really depends on what is in the Will.

You should have an attorney look at the will, to help understand it or make a determination if it is even valid. To be valid a will must have two witnesses over 18, or in the case of a holographic will be written in the testator's own handwriting which subsequently may need to be verified with other writing samples.

What the will says matters as to who can make the distributions (who has been appointed as the executor/personal representative) and how distributions should be made.

I Hope this helps.

Wes

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