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Utah Estate Planning Questions & Answers
1 Answer | Asked in Contracts, Estate Planning, Admiralty / Maritime and Banking for Utah on
Q: www.law.cornell.edu website doesnt have UCC 9-105 (1)(n) & (1)(h) listed, do u have link to where I can view them online
Tim Akpinar
Tim Akpinar answered on Jun 30, 2020

It looks like some of the other ordinary resources that post UCC 9-105 (Control of Electronic Chattel - Paper) do not include them. You posted under Admiralty/Maritime - I checked but could not find cross references under ordinary maritime laws I work with. The attorneys familiar with banking... Read more »

1 Answer | Asked in Estate Planning, Landlord - Tenant and Real Estate Law for Utah on
Q: I have an inherited tenant in Ogden Utah until 2021 , I need the house vacant how to serve buyout clause?

I bought a house with two tenants, one is month to month and the other has a lease in place till next year.

I read about a buyout clause in the lease that doesn't specify who can use it. Is that an option?

I have other plans for the home in the short term. The house... Read more »

Kenneth Prigmore
Kenneth Prigmore answered on Jun 8, 2020

The answers to your questions are in your contract. As I haven't read the contract, I can't give you any sure answers. I will say that most Buyout Clauses in leases are designed for the Tenant to buy the property, not the reverse. How to serve documents on a Tenant, like a clause allowing... Read more »

1 Answer | Asked in Estate Planning and Legal Malpractice for Utah on
Q: what can i do about being billed for a court appearance that my lawyer did not attend?

we hired an attorney to write three amendments to a living trust. my mother was on her death bed and the attorney was out of town so he instructed us to see his paralegal and give her the instructions and he would meet with us at 8:30 am the following tuesday for her to sign the papers and then he... Read more »

Wesley Winsor
Wesley Winsor answered on May 15, 2020

I am not sure I understand the question. This is a strange happening indeed. I am sorry for your loss. Trust amendments are not typically filed in court. In addition, in the creation/modification of a trust there usually isn't court appearance either unless it was an irrevocable trust and... Read more »

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...
Read more »

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.

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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2 Answers | Asked in Estate Planning, Divorce, Real Estate Law and Arbitration / Mediation Law for Utah on
Q: How to protect home in the event of future disputes. As always, things are well between us. But thinking forward.

I am purchasing a home and have the mortgage, and purchase contract under only my name. I have been in a relationship for 11 years with the same women - she is contributing 5% towards our 15% down-payment.10% coming from me. All mortgage payments made will come from a bank account solely under my... Read more »

Nina Whitehurst
Nina Whitehurst answered on Apr 2, 2020

This calls for a tenancy in common agreement. A good real estate attorney can help you with this.

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1 Answer | Asked in Estate Planning, Real Estate Law and Landlord - Tenant for Utah on
Q: My uncle did some fraud to me and my family concerning my grandfather's will.

My uncle who was the executor for my grandfather's estate will not provide a will . iam in the will stating me and my jids can live there in his house under we pay utilities and house taxes. My uncle changed the locks broke into my sons room went threw all of our stuff and threw a lot of mine... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 9, 2020

I am sorry for what you are going through. If you haven't seen the will how do you know you had a right to live in the house so long as you paid utilities?

This sounds like it would be very difficult to reverse what has happened as the house is now owned by someone else. If you are...
Read more »

1 Answer | Asked in Estate Planning for Utah on
Q: My dad passed away and I am the executor of his trust. There are 6 beneficiaries. My sister is one of the beneficiaries

and she is mentally ill. She won’t sign the waiver of notice. We have filed for probate. The lawyers secretary told me the court will now send notices to the beneficiaries. What happens if she doesn’t sign or do anything? I may need a new lawyer, we went to the one my dad set the trust up with... Read more »

Wesley Winsor
Wesley Winsor answered on Mar 9, 2020

If you already have a lawyer, this question would be best posited to him/her as they have all the facts. A waiver is nothing more than a statement from a beneficiary that says, you don't have to give me notice about the case. It doesn't make them forfeit any inheritance. When a... Read more »

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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3 Answers | Asked in Estate Planning for Utah on
Q: Father passed away with no will, He has 5 children 3 oldest kids with his first wife who he had divorced later and 2

3 oldest kids with his first wife who he had divorced later and 2 outside of marrige. who legally has the rights over property? Youngest child is saying he has the right to say who gets what because he is the benifacary for life insurance plan from fathers work

Nina Whitehurst
Nina Whitehurst answered on Nov 30, 2019

The child who is the beneficiary of the life insurance will take that life insurance. However that beneficiary status has absolutely no effect on who inherits the rest of the deceased parent's estate. That will be determined by the laws of intestate succession. Most likely his five children... Read more »

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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 Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

It looks like this was already asked and answered.

2 Answers | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

This looks like it was already asked and answered.

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1 Answer | Asked in Estate Planning for Utah on
Q: Need to stop probate in case number 193300081 my brother jarrod was give any chance to notified to this matter

I didnt receive my intell the review date can we do something about this

Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

Hello,

You can't just stop a probate, unless you can prove that the person is not dead, I suppose that would stop it. But if you are trying to stop the personal representative from being appointed you will need to object to his/her appointment.

Wes

1 Answer | Asked in Estate Planning for Utah on
Q: How can i stop probate my brother wasnt notified an i received my papers on thr review date can i stop my sister
Wesley Winsor
Wesley Winsor answered on Sep 23, 2019

It looks like this was already asked and answered.

1 Answer | Asked in Estate Planning for Utah on
Q: Need to stop probate my brother want contact ed an i received my on the review date file motion to set aside

My mother passed away i took care of her an sister took everything while i was in jail how can i get what fair to me an they never contacted my brother can we do something

Wesley Winsor
Wesley Winsor answered on Aug 28, 2019

I am sorry for your loss. That is frustrating. Do you know if your mother had a will or a trust or any estate planning done while she was alive?

Were you able to see those documents? Are you sure that you are a beneficiary? If your mother didn't have anything done while she was...
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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 »

1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mother left me all of possessions which include basically everything in the house. I'm leaving everything in place

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... Read more »

Wesley Winsor
Wesley Winsor 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

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