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... Read more »
answered on Mar 20, 2023
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... Read more »
My husband, myself, our 2 daughters, and another person are beneficiaries. The supposed trustee is an unlicensed attorney in Guam who is represented by my brothers former law partner. And that guy says we cannot communicate with the trustee at all, but just go through him (the former law partner of... Read more »
answered on Oct 19, 2022
Great question! Seeing red flags in a situation like this makes one wonder if your assets are safe.
If your case were in Utah, I could tell you that any time a person has questions or concerns about a trustee of a Trust, they can require that the Trust be overseen by a probate judge.... Read more »
The child and grand father are the only names on the acct. The grandfather opened it in her name when she was a baby after the childs father passed away. The grandfather passes and the only 2 names ever on the acct are the child and the grandfather. Can the grandmother pull out the money without... Read more »
answered on Aug 31, 2022
This depends on the ownerhip of the account. If they owned the account as joint tenants with rights of survivorship, then the grandmother would only be able to access the account if she were claiming some spousal share of her husband, but she would first have to go through a court proceeding to get... Read more »
My 19 year old son's father died 8 days ago, and the mother of the deceased has self-appointed herself executor and claims that the assets need to go to her because her son borrowed money and never repaid her. There was no legal contract for this supposed debt, but she is already trying to... Read more »
answered on Feb 24, 2022
If your son wants to assert his authority as personal representative of his father's estate, then he can do so through a probate process. I have pasted the relevant code section below. In addition, if your son doesn't want to do it, he can nominate you serve as his father's... Read more »
Noticed that in his obituary it had listed 3 children which are three sisters I never knew about and not me not sure what to do.
answered on Jan 3, 2022
I am not sure about your question. What is it that you want to do? If you have an interest in trying to collect from your Dad' s estate, you would first need to see if a probate action was filed. I would look in the district where your Dad last resided. It would be an uphill... Read more »
His wife has been dead a while. You can see the document is fake. There are 8 siblings alive, one is his wife's sister. There's a 10-acre parcel that half belongs to the deceased wife. Do we give her half to her sister? We already know the greedy Will forger won't prevail. Just want... Read more »
answered on Dec 20, 2021
When you have property left in the name of someone who has died, the only way to transfer that property is to do either a probate or get an Order Determining Heirs. If you have a Will, you normally do a probate. If you have no will, or if it has been over 3 years since death, you will need an Order... Read more »
answered on Aug 23, 2021
Your best answer depends on a few things that an attorney would need to discuss with you. If you don't have a copy of the Trust, you need help proving your authority as the Trustee. If you are the creator of the Trust, you can always sign an updated version of the Trust. If you are an heir and... Read more »
Decedent received dividend distributions after his death. Does Estate have to pay estate tax or income tax?
answered on Aug 13, 2021
Hi, dividend income would be considered income tax. The estate tax has to deal with the total amount of value passing from the decedent to others. So, it can be counted as both--income when received by the estate and an amount chipping away at the estate tax exemption credit. Most people are not... Read more »
IRS states as follows in their website
The property includible in the U.S.-situated gross estate for a nonresident not a citizen includes only assets “situated” in the United States, such as:
1. U.S. real estate,
2. All tangible property located in the United States,... Read more »
answered on Aug 13, 2021
Cash is considered tangible personal property. In your case, money held in the bank would either be deemed "cash" or "intangible" property.
I hope this helps.
When he was alive, he told me that he put his dog in his will and specifically told me that it was important (he was acting very cryptic and secretive about it). His estranged wife keeps asking me if I'm going to keep her. I told her yes, and that I suspected my friend (her estranged husband)... Read more »
answered on Apr 26, 2021
If you are to receive his dog (which is deemed "property") then you are a beneficiary of the will. As such, you are entitled to see the Will unless the Will says otherwise (something like, no beneficiary is entitled to a copy of the will and will be subject to judicial review only).... Read more »
I am about to inherit restricted stocks from my father who was an insider in the company. I dont know what the restrictions are exactly yet, but whatever they are, can I and how likely can I succeed to force the company to lift those restrictions in the court?
Do they need to have... Read more »
answered on Feb 3, 2021
That questions is difficult to answer. If your Dad died while working at the company, perhaps the stock will come restriction free. Usually restrictions are in place to prevent insider trading, so if there is no chance at insider trading anymore, they may lift them. Other... Read more »
They won't give him any details on how much it is or how long it's going to take them to get it to us. I mean 30 years, its been long enough can you help us what are the laws. They finally got ahold of him because of ottit
answered on Jan 26, 2021
The first thing you should try to do is to get a hold of the estate docs. The Will and/or Trust. These documents will speak to your right to demand an accounting or other information. If they don't then you will be looking to the Utah Probate code or Utah Trust code to see if you have rights... Read more »
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 »
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 »
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.
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,... Read more »
THE MURPHY FAMILY TRUST
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.
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 »
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 »
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... Read 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... Read 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... Read 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.
In the applicant box you would check other, and put "beneficiary of life insurance" and attach a page from... Read 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... Read 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.
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