Q: What state to hire probate attorney?
My wife's family owns a trust in Colorado that produces quarterly oil royalty checks. The checks come from Colorado. Her dad passed 20 years ago so his checks have been going unclaimed in Utah. What state(s) would she need to hire an attorney in order to claim the unclaimed property and to get the trust in her name. (She's an only child and her mom has passed as well).
A: The state where the trustee and of the trust is located.
Wesley Winsor agrees with this answer
Yes, I agree. The principal place of administration of the trust would be where you would need to file a probate action. I hope this helps.
Great question. If probate is necessary, go with the state of the last residence of the Trustor that created the Trust.
Sometimes probate is not necessary. I recommend discussing your situation with a Utah attorney regarding the checks in Utah. Most attorneys will have a free initial consultation.
Utah's state Treasurer has a website where you can search for unclaimed property, including checks that were never cashed. The state's website is mycash.utah.gov.
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