The will states state the Executor can sell the property, real or personal, etc. without an order of the Court. However, only her name is on the deed with the Washington County Recorder's office. Does the will directing the executor to sell the home, allow the home to be sold and the... View More 
answered on Aug 25, 2020
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
My father passed away over 60 days ago, he left no will, was paying on land, all of his belongings are less than $100,000. We just need help with the process and which forms we need.
answered on Aug 21, 2020
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
The will state all assets are to be divided among all four daughters equally. My older sister is the executer and she has lied to the probate judge about his bank accounts and other things . Her son has all the guns I have tried to get my share and he won’t release them . He said he will to my... View More
answered on Aug 17, 2020
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
His relatives will not give me a copy of the death certificate. There is no trust or will.
answered on May 12, 2020
You can still obtain one for yourself while filling out the application.
https://vitalrecords.utah.gov/wp-content/uploads/Death-Certificate-Request-Application.pdf
In the applicant box you would check other, and put "beneficiary of life insurance" and attach a page from... View More
A couple days before my mother passed away my sister and uncle drafted up their own quitclaim deed putting my moms house in my sisters name. I wasn’t informed until the moment of the signing that my name wasn’t attached. My mom was in no state to be signing any kind of legal documents. She was... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2020
It sounds like you are worried in advance about something that may or may not happen. If you do not receive your share of the proceeds within 48 hours after the closing (keep checking your bank account online), then repost your question.
I just need to know how I go about getting the house transferred in to my name
answered on Apr 22, 2020
If the property is still in the decedent's name, you will need to open a probate and get an order from a judge awarding you the property. This order will get recorded with the county recorder to put the home in your name.
also would a interest on property file filed with the court be enough for the house to not be able to be sold.. while i get council and find best lawyer to get started with probate or whats the next step? or 1st step. remember his bank accounts and proeprty is being sold by my younger sibling as... View More
answered on Apr 22, 2020
Hello,
I feel like I missed the first half of the story, but here are some issues you will need to think through as well as some explanation of Utah Law.
First, let's make sure that we are both understanding the language that we are using. When I say estate, I mean all property... View More
not only has my brother been selling alot of the belongings he is claiming there is no life insurance. Just last year my dad mentioned to me how much i would be getting. i hated when he brought that subject up. especially when we were literally burying his dad the last time he mentioned it. My... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 20, 2020
You need to hire a probate attorney to help you probate your father's estate. you most likely are entitled to a share of the estate under the laws of intestate succession bu the exact percentage depends on other facts.
I met my grandfather (on my dads side) in 2000 over the phone when he was speaking with my grandmother (moms side) he was in Utah I was in Seattle, I moved to Utah latr October 2019 I called him we were gonna meet face to face that Thanksgiving well he didn't show, then never answered his... View More
answered on Mar 30, 2020
Hi,
I am not sure where you are at in your knowledge about estate planning, so I will give you some background then answer your question.
Background:
If your Grandfather put you in his will whomever the executor/personal representative is will need to notify you if you are... View More
When I was 17 I was on probation I did good till about the third month and it kept getting worse and worse living with my dad(he’d get in my face yelling, threaten to hit me, constantly would kick me out then threaten to call my PO for running away constantly degrade me cause my weed charges(2))... View More
answered on Mar 10, 2020
You should call an attorney who can look up the case in the CARE system. It seems unlikely that the Court would have any interest in pursuing the case; but, there is no way to know if you are good without determining what occurred in the case.
I want to sell there home no one has lived in in25 years!
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 26, 2020
Probate is the process that is used to retitle assets that are still in the name of a deceased person. In order to sell the home you will need to update the title so that it is in your name. A Utah probate attorney can help you with this process.
My father just died. He was married. There is me and my sister. He just had retired from intel, and had several amount of money in stocks and bonds, and money saved up. Plus my step mother and him had just purchased a house worth about $750,000. I would like to know where all his money will be... View More
answered on Nov 29, 2019
I am sorry to hear of your father's passing. My condolences. You mentioned your father lived in Oregon and purchased a house there. Unless your father owned property in Utah, then you are going to be dealing with Estate and Probate law in Oregon. Each state can have very different laws... View More
My probation officer came to my house and I was out of state For work .i did not notify him in advance . I can Havecompany prove that I was working .in this ISituation Should I tell him right away or wait until back in the state in a few days then meet him with a lawyer
My family has came to my fathers home and stole guns,harley's, ATV, gold coin collection and etc. What can I do? Help me Please... Monica
answered on Oct 7, 2019
In Utah you would need to file a probate action, get yourself appointed as personal representative, and have yourself declared the sole heir of the estate. You would be best served by retaining an attorney that works in the estate probate area of law that is also near where your father's... View More
my dad passed i am benificuary on a bunch of stuff i need help getting and my dad bought a house and has over paid for it the person we bought house from kicked us out and threw away all my dads stuff and sold house we want her to pay and give us our house back
answered on Aug 20, 2019
Hello,
I am sorry to hear about your Dad's passing. This can be a difficult time as his affairs are wound up. Who is executor or did your Dad have a will? Has anyone started a probate proceeding? If you are a child and an heir you would have probably received notice of this.... View More
I lived with my grandma for years and took care of her. Her and my mom have been estranged for years my mom is trying to take everything and evict me even though my grandma had a will
answered on May 20, 2019
Have you seen your grandma's will? Under what authority is your mom using to try and evict you? Was she appointed the personal representative?
If so then even though you may be a beneficiary, she can still evict you. Who has been put in charge as the personal representative/... View More
until my father dies. My problem is that my brothers and their wives and children are stealing things from my father's house and they are the things my mother left me. I would like to charge them the replacement value of the item from the trust since I can't seem to get them to stop... View More
answered on Apr 23, 2019
Hi,
I am sorry for your predicament. Who is the trustee of the trust? It is the trustee's job to safeguard the property. If they are not doing their job, then your action would be against the trustee. He or she has a fiduciary duty to possess and safeguard the property.
Wes
he bought the house, she bought everything in it. When she died, in her will she left me all of her personal belongings (a handwritten list included with the will) which shows the furniture, etc. I've left everything in place since my father is still alive and don't want him living with... View More
answered on Apr 23, 2019
You can't disinherit your spouse. So regardless of what the will says, your father has a right to the first $75,000 + half of whatever is left over. Do you know if they had a prenuptial agreement? Probably not right?
So yes there is a marital interest. All personal property is... View More
My father recently passed away. He was living in Salt Lake in a nursing home for the last 15 months of his life. He was receiving SS and Pension, which have both been notified & stopped. Prior he was living in Virginia, all is assets are held jointly with me (his son & executor of his will... View More
answered on Dec 13, 2018
Hello,
When someone dies there is an order of claimants on the content of the estate. It goes like this:
1. Cost of administration
2. Creditors
3. Heirs or beneficiaries
Life insurance payouts will go directly to the beneficiaries without counting as part... View More
This is in wyoming
answered on Dec 12, 2018
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
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.
