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!
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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
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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
legally speaking isn't the money in the trust still considered the trustor's held in trust after their death until all money is gone.
the trustor had specific burial wishes and noted that there would be "plenty of money" for those wishes. Can't the money in the... View More
answered on Apr 23, 2019
Hello, Good Question
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... View 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... View More
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,... View More
My mother is in an assisted living center and I put her there because she is not able to function at home. Her husband has health and mental issues and threatens to leave, so I had no choice but to move her because she cannot be there by herself.
But he got his own Lawyer and they are... View More
answered on Feb 1, 2019
There is nothing illegal about it, unless your mom has truly lost her capacity. The fact that it is her legal husband that is doing this will probably hold more weight as well.
If you want to stop this, you will need to file for a guardianship or conservatorship with the Court so that no... View More
answered on Jan 10, 2019
It is hard to say. Most estate planning will do this at a flat rate if they do it all. The reason they may not want to update (meaning drafting an amendment or a codicil) is that they believe that they will be held responsible for the rest of the contents of of the document even if you they are... View More
My grandpa passed away first. My step grandmas daughter is number 1 trustee
answered on Jan 10, 2019
Your mom is a contingent agent to carry out the terms of the trust. Until your step-grandma either resigns, becomes incapacitated or dies, your mom has no authority over the trust property by virtue of the trust agreement.
I hope this helps.
Wes
This is in wyoming
answered on Dec 12, 2018
Hi,
I am sorry for the loss of your boyfriend.
The personal representative of your boyfriend's estate has the job of collecting and securing all property of the estate. The guns are part of the estate. In addition, Utah Law (which would be applied and respected in Wyoming) will... View More
answered on Dec 10, 2018
According to Wyoming law,
2-4-201
https://law.justia.com/codes/wyoming/2014/title-2/chapter-4/article-2/section-2-4-201/
A competent person has the lowest priority of anyone. So yes, the answer is yes, but if a relative, or creditor, or anyone who has a beneficial interest... View More
Judge ordered a court visitor for competency evaluation. The proposed ward hired a lawyer to halt the proceedings. The lawyer bringing the case then met for two hours with the court visitor before the evaluation while the counsel hired to halt these proceedings was not informed. The evaluation was... View More
answered on May 14, 2018
Hello,
Court visitors are charged with providing an independent assessment. The fact that the Court Visitor met with the attorney is not alarming and even not that unusual. Remember that the attorney is an agent for the person petitioning for the guardianship/conservatorship and the... View More
We are concerned that our father is being cut out of things and will be left with nothing to care for himself. He is in good health. What can we do legally to protect our father.
answered on Apr 19, 2018
I am glad that you are concerned about your father. It sounds like they are dealing with some of the common issues that come with aging.
When I hear this, it doesn't make me too concerned. They may be trying to do some sort of Medicaid planning or VA planning. The first questions... View More
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