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Utah Elder Law Questions & Answers
2 Answers | Asked in Estate Planning, Banking, Collections and Elder Law for Utah on
Q: Is the surviving spouse responsible for the debts of the deceased spouse
Wesley Winsor
Wesley Winsor answered on Nov 22, 2021

Yes and no. Nor for personal debts, student loan debts, credit card debts etc. but yes to medical bills. The creditors have a right to make a claim against his estate and the estate has an obligation to pay it as long as the assets in the estate are over and above the exemption amount. The... Read more »

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1 Answer | Asked in Banking and Elder Law for Utah on
Q: If my daughter has a joint account with her grandfather can she help herself to his money when ever she pleases.

He sold his home, she had the money put into an old account with both their names (left over from car loan) now she has taken a ton of money and he has no clue. This man has nothing but what was from the house. She thinks it's not illegal. Isn't it theft by deception? What can I do to... Read more »

Mike Branum
Mike Branum answered on Jul 30, 2020

She could be at risk of being charged with exploitation of a vulnerable adult. If you have any influence with your father, he needs to remove his money from the account and put it in an account only he or trusted persons have control over. He can always designate someone to have control of the... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Utah on
Q: Can the executor of a Utah estate be the sole beneficiary also (disinheriting children)?

Mother refused to make will. Her sister, who she very much disliked, decided Mom was mentally incompetent and had herself named Legal Guardian. Mom is then sent into assisted living and quickly passes away. Now her sister is saying the estate is completely bankrupt, mom made a will naming sister... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 13, 2019

The answer to your questions is, "yes" an executor can be the only named beneficiary of an estate. It happens all the time when there is only one child remaining or there are two children and one of them has become estranged.

You stated that your aunt, whom your mom disliked,...
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1 Answer | Asked in Elder Law for Utah on
Q: If my brother who has POA for 93 year old mother is threatening to take my mother out of the country, is he able to. Dem

She has elderly family there but her immediate family mostly live in Calif. My brothers signed to allow him to take her home as payment to care for her. I never agreed or signed. Any options?

Wesley Winsor
Wesley Winsor answered on Jun 11, 2018


Is your mother incapacitated? Has she been diagnosed with dementia, Alzheimer's etc? If she is still considered capacitated, then she can choose for herself whether to go out of the country. If she isn't, then a power of attorney is not the correct document/authority your...
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1 Answer | Asked in Elder Law for Utah on
Q: Elderly Law Question.

Elderly Law Question. Has a home (Paid off) income from retirement and social security and insurance through retirement (not Medicaid or Medicare).

If were to sell the house today, is that considered income? and would they have to pay taxes on that money?

They want to take the... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 22, 2018

If the elder sells the home, then taxes will be calculated by determining the gain on the sale of the home. In simple terms, the difference between the purchase price and improvements and the sales price. The difference would be considered a long-term capital gain. The good news is, is that if... Read more »

1 Answer | Asked in Criminal Law, Elder Law, Federal Crimes and Gov & Administrative Law for Utah on
Q: While the V. A. Hub and fidicuary stole my estate. The owner of a mortuary quoted me a price of 1800-$1900 for funeral.

The owner asked if I, surviving spose, open or closed, I said closed. It was open w/smile on face. The cost of funeral was 2 thousand more.

Aric M. Cramer
Aric M. Cramer answered on Nov 25, 2017

You need a consumer protection attorney. If you think a crime has been committed you need to call the police.

1 Answer | Asked in Family Law and Elder Law for Utah on
Q: My uncle is in assisted living at a facility in Florida; I live in Utah. My uncle has a legal guardian.

A check in the amount of $10,000 is being held by GE Capital Investments. The check has my name and my uncle's name on it. The guardian wants the check (stating that it is the sole property of the ward). Do I have any rights?

Wesley Winsor
Wesley Winsor answered on Jun 27, 2017

First, you need to determine why it has your name on it. If you are a joint owner of the account then, no it is not the sole property of your uncles. If you are merely a payable on death beneficiary or hold a power of attorney, then it is your Uncle's sole property and the money should be... Read more »

1 Answer | Asked in Estate Planning and Elder Law for Utah on
Q: I have a Question I am the Beneficiary of a Home with 50k left on Mortgage and it is worth 250 k. Will I be Responsible

For Unsecured Debt that My Grandmother has after she dies and what will my responsibilities be?

Wesley Winsor
Wesley Winsor answered on Jun 27, 2017

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... Read more »

1 Answer | Asked in Elder Law and Estate Planning for Utah on
Q: I just need a simple answer. My roommate and I are going to buy a home. How do we each keep our children from taking

Possession if something happens to either one of us?

Wesley Winsor
Wesley Winsor answered on Jun 22, 2017

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...
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1 Answer | Asked in Elder Law for Utah on
Q: My mother refuses care from a medical doctor and instead is getting treated by a "healer"

- is there a way to report this so we can get her the medical attention she needs?

Wesley Winsor
Wesley Winsor answered on May 8, 2017

I am not sure what a "healer" is. If the "healer" is practicing medicine as defined by the Utah Medical Practice act and isn't licensed to do so, then you can report them. But if they are not claiming to be a licensed physician and are not operating on them or anything,... Read more »

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