Q: Can anything be done when in the process of a trust and the grantor dies before signing?
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?
A: 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 she was living when she died would be controlling and would determine how her property is distributed. You should contact an estates attorney to assist in the administration of the estate.
A: So sorry for your loss. This sounds like your mother had good intentions but was simply unable to carry them out.
If she owned real estate that was not held in a trust, a probate will normally be necessary to transfer the property out of her name. This will depend on how she owned the property. If she was a joint tenant with someone else, then the other person now owns the entire property.
If your mother left money and property worth less than $100,000, then Utah Law allows for her bank accounts and vehicles to be transferred using a Small Estate Affidavit. This can happen without a probate.
For forms, go to the state court website: https://www.utcourts.gov/howto/smallestates/ (scroll to the bottom for the forms.)
Most Attorneys will meet with you at no charge if you choose not to retain their services. I recommend making an appointment and discussing the details of your situation with an attorney. The details make all the difference in how to proceed.
Steven J. Fromm agrees with this answer
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.