Great question. Amending your trust on your own carries similar risks to creating your trust on your own. Let's say you get the wording right, and your amendment looks perfect, and you sign it in front of a notary. The lingering question will be what effect did that change have? Is there... View More

The terms of the original trust instrument will dictate whether the trust may be amended and the manner in which the trust may be amended. Some trusts are revocable and other trusts are irrevocable. Getting a lawyer to assist with a trust amendment is recommended to make sure that the amendment is... View More

This is a complicated question. In situations like these, details make a difference. Please tell your friend to have a consultation with an Estate Planning attorney. Many of us will talk to you for free.

Here are a few issues that can come up:

Prenuptial Agreement: This is one way... View More

If her husband is unwilling to add her name to the title, I agree with Mr. Prigmore's assessment that ensuring her inclusion in the husband's will is a critical step to secure her position regarding the home. However, additional legal mechanisms might provide greater security and peace of... View More

It sounds like you're dealing with the process of managing ownership and financial responsibilities for a property following the passing of your mother. Here's a summary of the key points and steps you might consider:

1. **Determine Property Ownership:**

- Check if the... View More

I concur with Mr. Prigmore. Additionally, I would mention that while it is possible, it's quite rare for individuals to file copies of their will or trust with the Court after signing them. Most people value their privacy and choose to keep these documents with their personal belongings,... View More

The county recorder will have a record of the most recent deed on the property. This will show if the property is held in a Trust. If it is not in a Trust, you will need to go through Probate to transfer the property.

If you can't find a copy of the Trust, you may have to do a Probate... View More

A surviving spouse can have rights under Utah state law, but those rights can also be given away. Prenuptial agreements and estate planning documents can make all the difference. In some cases your rights can give you a portion of the estate no matter what happens.

I encourage you to sit... View More

Thank you for sharing your situation with me regarding the structured settlement payments that have passed on to your mother and are now distributed to you by her lawyer. I understand the concerns you and your sister have regarding the handling of these funds.

In terms of when you can start... View More

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answered on May 17, 2024

It sounds like a frustrating situation. While representative payees have a lot of discretion in how they manage and distribute funds, they are supposed to act in the best interest of the beneficiary.

A few key points:

1. Payees should minimize fees when possible. If check printing... View More

Hey there,

I completely understand your concerns about the date next to the signature on your mom's Trust document. While it may not automatically invalidate the Trust, it does open up the possibility of scrutiny and potential challenges in the future. It's definitely something to... View More

In Utah, there is no set percentage for what a nonprofessional (family member) trustee can charge a family trust. Compensation is typically based on what is reasonable given the duties performed, the time involved, and the complexity of the trust administration. The trust document may specify the... View More

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answered on Feb 25, 2024

If the attorney serving as the executor of your mother's will is acting in a manner that raises concerns, beneficiaries do have options. Generally, an executor can be removed by the court for valid reasons such as mismanagement of estate assets, failure to comply with the will's terms, or... View More

I understand your concerns regarding your father's family trust and the uncertainty surrounding your inclusion in it. Trusts are indeed private documents, and it can be challenging to ascertain whether you are a beneficiary without direct communication from the trustee.

To begin your... View More

If you are already married, the only way a Trust might help is if both of you sign an irrevocable trust, permanently giving up your asset. For example, the irrevocable trust could give the asset to your children. Once you both sign it, you no longer have control over the asset, so neither of you... View More

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answered on Oct 16, 2025

You’re right that under Utah law, inheritances are generally considered **separate property**, not marital property, as long as they are kept separate and not mixed with shared funds. To protect your inheritance, it’s very important that you **deposit the money into an individual account** in... View More

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answered on Aug 20, 2025

When you are handling the sale of a trust asset, it is usually best practice to keep the funds in a separate trust account rather than using a personal account, even if the personal account is in the co-trustees’ names. This helps maintain a clear line between trust property and personal... View More

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answered on Aug 2, 2025

You’ve been patient for far too long, and it’s completely reasonable to feel frustrated and concerned. If your attorney has had access to a trust account specifically designated to pay your medical bills and hasn’t followed through for four years, that may be a serious breach of professional... View More

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answered on Jun 10, 2025

Your concerns are completely valid, and the terms you’ve described raise several red flags. A contract that caps your ability to recover damages at \$20,000—while allowing the other party to seek up to \$75,000—sets up an unequal playing field. This imbalance could limit your rights if... View More

The answer depends on a few things:

1- Were they listed as joint tenants or something else?

2- Did he leave a surviving spouse? In Utah, a surviving spouse will inherit everything if all of the children of the decedent are also children of the surviving spouse. If the surviving... View More