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Utah Probate Questions & Answers
1 Answer | Asked in Probate and Estate Planning for Utah on
Q: I lost my step dad a month ago and 1 of 3 daughter's took everything. There was no Wil. How can I get my sharej

He married my mom about 25 years ago and they divorced. He never adopted us girls but was are father. My sister took everything. He always insisted there was a Wil and it disappeared. How can I get my share and how is it legal she can take it all. Its so unfair cause me and my father was the... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Sep 30, 2020

You are legally considered someone's descendant if they were your birth parent or they adopted you. If you are not a descendant, you can only inherit if they leave behind something stating that you are the intended heir. If your sister is the only living descendant of your stepfather, and... Read more »

1 Answer | Asked in Estate Planning, Civil Litigation, Insurance Defense and Probate for Utah on
Q: Life Insurance is asking for prescription list, autopsy and toxicology reports. How do I obtain these if Im not related?

BF died of drug intoxication. Insurance is asking for prescription list, autopsy and toxicology. We were not married how do I obtain these? I doubt his family will help me obtain one.

Kenneth Prigmore
Kenneth Prigmore answered on Sep 8, 2020

Obtain some sort of official demand from the life insurance company and give a copy to the sources of the documents you need. This may work.

Attorneys can normally obtain these items with a letter saying they need it for their client to obtain insurance.

If neither of these work,...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: Is there public record of Family Trusts?If so where would such documents be located?

THE MURPHY FAMILY TRUST

Lane Wood
Lane Wood answered on Aug 29, 2020

There is no public database where trusts are recorded. Trusts are generally kept private. If you know who prepared the trust, you may want to call them as they may still have a copy of it.

1 Answer | Asked in Probate for Utah on
Q: Mom left a will leaving home to three sons. One son is executor.

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... Read more »

Wesley Winsor
Wesley Winsor 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... Read more »

2 Answers | Asked in Probate for Utah on
Q: Process and forms for Utah Probate.

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.

Wesley Winsor
Wesley Winsor 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...
Read more »

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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My dad died two years ago he had many guns he wanted them passed to his grandsons but never put it in his will.

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... Read more »

Wesley Winsor
Wesley Winsor 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...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My boyfriend named me as primary beneficiary on a life insurance policy. How do I get a copy of the death certificate?

His relatives will not give me a copy of the death certificate. There is no trust or will.

Wesley Winsor
Wesley Winsor 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...
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2 Answers | Asked in Estate Planning and Probate for Utah on
Q: What do I do if my sister takes all of my mothers estate?

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My significant other passed away. He left a will for me to have his property and his house but not as the executor

I just need to know how I go about getting the house transferred in to my name

Kenneth Prigmore
Kenneth Prigmore 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.

1 Answer | Asked in Probate for Utah on
Q: what other factors determine how much i would be entitled as far as my deceased father estate goes?

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... Read more »

Wesley Winsor
Wesley Winsor 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...
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2 Answers | Asked in Estate Planning and Probate for Utah on
Q: My father trusted that my brother would honor his wishes after he passed. regarding his life insurance.

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... Read more »

Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Probate for Utah on
Q: How do I find out if my grandfather had a will.....

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... Read more »

Wesley Winsor
Wesley Winsor 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...
Read more »

2 Answers | Asked in Criminal Law and Probate for Utah on
Q: I was in probation when I was 17 I ranawayand I’m 20 Haven’t had any problems am I good?

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))... Read more »

Brent J Huff
Brent J Huff 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.

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: My parents died 33 and 35 years ago. Do I still need to probate there home. I'm only child!

I want to sell there home no one has lived in in25 years!

Nina Whitehurst
Nina Whitehurst 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.

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1 Answer | Asked in Probate and Estate Planning for Utah on
Q: My father died, and he was married. His wife says she hasn't found a will yet. what should I do for me and my sister?

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... Read more »

Kenneth Prigmore
Kenneth Prigmore 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... Read more »

1 Answer | Asked in Criminal Law and Probate for Utah on
Q: How useful is a lawyer help me when I violated probation in Utah

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

Mr Aric M Cramer Sr.
Mr Aric M Cramer Sr. answered on Nov 15, 2019

IF you can be jailed or fined, you need an attorney.

3 Answers | Asked in Probate for Utah on
Q: Hello, my father recently passed away and he didn't have no will and I'm his only child. He has a estate and vehicles

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

Paul Waldron
Paul Waldron 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... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Utah on
Q: my dad died we lost house he had paid for need help fast

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

Wesley Winsor
Wesley Winsor 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....
Read more »

1 Answer | Asked in Probate for Utah on
Q: My grandma passed away. She had a will and left everything to me. My mom is trying to evict me what can I do?

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

Wesley Winsor
Wesley Winsor 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/...
Read more »

1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mother and father kept their finances separate from each other

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... Read more »

Wesley Winsor
Wesley Winsor 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...
Read more »

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