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 »
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 »
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 »
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.
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.
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 »
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.
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 »
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 »
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 »
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 »
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.
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
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 »
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 »
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 »
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.
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 »
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 »
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 »
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.
The Trustor/Grantor/person who funded the trust is separate and apart from the trust itself. Depending on the form of the trust whether revocable or irrevocable the Trustor can retain some or all of the rights to direct the disposition of the property while they are...Read more »
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 »
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,...Read more »
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