Your mom is a contingent agent to carry out the terms of the trust. Until your step-grandma either resigns, becomes incapacitated or dies, your mom has no authority over the trust property by virtue of the trust agreement.

I hope this helps.

Wes

It is hard to say. Most estate planning will do this at a flat rate if they do it all. The reason they may not want to update (meaning drafting an amendment or a codicil) is that they believe that they will be held responsible for the rest of the contents of of the document even if you they are... View More

Hi,

I am sorry for the loss of your boyfriend.

The personal representative of your boyfriend's estate has the job of collecting and securing all property of the estate. The guns are part of the estate. In addition, Utah Law (which would be applied and respected in Wyoming) will... View More

According to Wyoming law,

2-4-201

https://law.justia.com/codes/wyoming/2014/title-2/chapter-4/article-2/section-2-4-201/

A competent person has the lowest priority of anyone. So yes, the answer is yes, but if a relative, or creditor, or anyone who has a beneficial interest... View More

Hello,

Court visitors are charged with providing an independent assessment. The fact that the Court Visitor met with the attorney is not alarming and even not that unusual. Remember that the attorney is an agent for the person petitioning for the guardianship/conservatorship and the... View More

I am glad that you are concerned about your father. It sounds like they are dealing with some of the common issues that come with aging.

When I hear this, it doesn't make me too concerned. They may be trying to do some sort of Medicaid planning or VA planning. The first questions... View More

Assuming all of your father's children are also children of your mother, then the heirlooms are hers unless there is some other Will or instrument governing their ownership. Even if your father had children that weren't your mother's children, it would be divided between your mother... View More

Usually, if the estate is exempt from probate (no real estate and value under $100k), then you should not need to have a personal representative appointed through the courts. Whoever is the designated personal representative in the decedent's Will (or, if none, the closest living relative) may... View More

The short answer is "yes". Will's are only valid after the testator (the person who makes the will) dies. Up until that point, they lie dormant. A power of attorney creates an agency powers that can be effective immediately. So if your sister's agency powers are effective,... View More

This really depends on a lot of different factors. If the funds had vested to you (meaning they are not contingent on someone else like your father passing away), then the Trustee is responsible for those funds and was responsible for their appropriate investment. I would suggest contacting an... View More

I'm sorry for your loss.

Probate is probably unavailable at this time, due to the length of time since his passing. Instead, you will need to obtain an order determining heirs. Most probate attorneys in the county where he passed would be qualified to help you with that process.... View More

I am sorry for your loss. Usually, if the estate has any real estate that was in her name and not held in a Trust, a probate will be required to transfer the home to the names of her heirs or to give you authority to sell her home. However, if you find that the back taxes owed, medical debts, and... View More

Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood... View More

I am assuming you understand that secured debts are those debts that are not attached to something that the bank/creditor can repossess and unsecured debts are debts such as credit cards, personal loans, etc. where there is nothing physical that the creditor can reclaim if the debt is in default.... View More

Well that depends on your position. Are you the named personal representative? Are you a trustee of the the trust that the home is titled in? Perhaps you are on title with your grandmother as joint tenants with a right of survivorship. Or maybe you are named in the will as the beneficiary of... View More

Here are two options:

1. You can set up a trust and both be trustees of the trust and when you purchase the property you purchase it in the name of the trust. If you do this then not only can you plan for the situation of what happens to if something happens to one of you, but it will also... View More

Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the... View More

I am not sure what you are referring to? What are your rights to what? How old are you? Is she your guardian?

Please add more detail.

When you say you are the successor trustee are you saying that the original trustee died and now because you were the successor trustee you are currently the trustee?

If you are the trustee and someone else has given away some of the trust property without authority, then that person has... View More

Good question. Usually, creditor claims to an estate expire 12 months after death. That being said, best practice is to notify before distributions are made to beneficiaries. Requirements of fiduciary trustees may be higher, so I would suggest retaining counsel regarding your legal obligations.