Get free answers to your Estate Planning legal questions from lawyers in your area.
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 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... View 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... View More
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... View More
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... View More
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... View More
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... View More
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... View 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.
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... View 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... View 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.
I just need to know how I go about getting the house transferred in to my name
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.
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... View More
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.
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... View More
answered on Apr 2, 2020
This calls for a tenancy in common agreement. A good real estate attorney can help you with this.
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... View More
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... View 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... View More
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... View More
I want to sell there home no one has lived in in25 years!
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.
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
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... View 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... View More
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... View More
I didnt receive my intell the review date can we do something about this
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
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
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... View More
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... View More
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... View 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... View More
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.