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Utah Estate Planning Questions & Answers
1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mother passed away 18 years ago. I was supposed to receive my trust money when I turned 33. I’m now 46 and haven’t.

My father claims the money was lost in the stock market. How do I go about getting what was left.

William Tyler Melling
William Tyler Melling
answered on Jan 29, 2018

This really depends on a lot of different factors. If the funds had vested to you (meaning they are not contingent on someone else like your father passing away), then the Trustee is responsible for those funds and was responsible for their appropriate investment. I would suggest contacting an... Read more »

1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Utah on
Q: Do I need to go through probate to sell my home after my husband's death

Husband died 7 years ago. I'm selling the house and was told they could not get a clear title without going through probate due to The laws being different in 1987 when the house was bought. We have one child together and he has two children from previous marriages.

William Tyler Melling
William Tyler Melling
answered on Jan 29, 2018

I'm sorry for your loss.

Probate is probably unavailable at this time, due to the length of time since his passing. Instead, you will need to obtain an order determining heirs. Most probate attorneys in the county where he passed would be qualified to help you with that process....
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2 Answers | Asked in Estate Planning for Utah on
Q: Can a home be sold if living will states upon their death to sell home and split into 4s?

My mom has dementia, my older sister who lives out of state has power of attorney. My daughter who has lived with my mom the last 2 years taking care of her has also done her finances as my older sister would send them down for her to do. In my mothers living will i believe it states that upon her... Read more »

Wesley Winsor
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Wesley Winsor
answered on Jan 29, 2018

The short answer is "yes". Will's are only valid after the testator (the person who makes the will) dies. Up until that point, they lie dormant. A power of attorney creates an agency powers that can be effective immediately. So if your sister's agency powers are effective,... Read more »

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2 Answers | Asked in Estate Planning, Tax Law and Probate for Utah on
Q: I cannot find my mother's will. I have a brother. He told me to handle things. Will we still go through probate?

She still owes on her house. We are going to pay it off. What about other bills? I was told to start sending the death certificate to bill collectors. She was taken to the hospital from work where she passed. Are they responsible for any of the bills? She was working for the local 99 union. She... Read more »

William Tyler Melling
William Tyler Melling
answered on Oct 9, 2017

I am sorry for your loss. Usually, if the estate has any real estate that was in her name and not held in a Trust, a probate will be required to transfer the home to the names of her heirs or to give you authority to sell her home. However, if you find that the back taxes owed, medical debts, and... Read more »

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1 Answer | Asked in Consumer Law, Contracts, Estate Planning and Real Estate Law for Utah on
Q: If a car dealership is to tear down a neighborhood, would the seller be required to disclose before selling?

Just found out, AFTER purchasing the home that a dealership is scheduled to tear down homes around mine. This will bring the value of my home down tremendously, and it was not disclosed prior to me purchasing the home.

Wesley Winsor
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Wesley Winsor
answered on Aug 2, 2017

Unfortunately for you, no. Although, sellers will typically provide a "seller's disclosures" they are not legally obligated to do so. If they did provide a "seller's disclosures" and proactively said that they were not aware of any major changes to the neighborhood... Read more »

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Utah on
Q: My mother died 7 years ago my sister has been living in the home now the remaining sisters want to sell how do I remove

The sister and her property that's living there. The will states the house to be sold and divided equally, however we have allowed my sister to live there for 7 years and now she won't leave????

Wesley Winsor
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Wesley Winsor
answered on Jun 27, 2017

Who has title the house? Is it still in your mom's name? If so then you will need to file an action in probate called a determination of heirs (probably as the normal time to probate an estate has probably lapsed) in order to get a personal representative appointed who will then have the... Read more »

1 Answer | Asked in Estate Planning for Utah on
Q: Curious if I am a Beneficiary and receiving home with small Mortgage through a Trust will I be Responsible for

Her Unsecured Debt after She dies when I receive the Home?

Wesley Winsor
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Wesley Winsor
answered on Jun 27, 2017

I am assuming you understand that secured debts are those debts that are not attached to something that the bank/creditor can repossess and unsecured debts are debts such as credit cards, personal loans, etc. where there is nothing physical that the creditor can reclaim if the debt is in default.... 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
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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
PREMIUM
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 Estate Planning, Probate and Contracts for Utah on
Q: How can I get a copy of a will/ probate/ trust, to determine if revocable or not?

I have an elderly uncle who is MR/DD. What I was told, is when his parents died they set up a trust that had money and included a home where he would live in order to provide for him. I believe that the terms of the trust have been breached. Before moving out of state, the trustee signed a... Read more »

Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

Unfortunately, at this point, you do not have standing to demand to see the the trust. You would first need to petition to have a guardianship or a conservatorship over your uncle. Otherwise, if your uncle has capacity he could give you a limited power of attorney to inspect the trust document. I... Read more »

1 Answer | Asked in Estate Planning for Utah on
Q: If I am the successor, and someone out of the family gives away my father's belongings how do I get them back?
Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

When you say you are the successor trustee are you saying that the original trustee died and now because you were the successor trustee you are currently the trustee?

If you are the trustee and someone else has given away some of the trust property without authority, then that person has...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: Brother passed no wife or children he received everything from grandparents only uncle cos r leftcan I enter his house

Igrandparents left everything to my brother when he passed he had no kids no wife no other siblings there's an uncle and cousin someone has filed papers for probate against the will as his brother do I have the right to go and is home do I need to notify the police before entering or do I... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 28, 2017

Great question. You do not possess any inherent authority by virtue of being his brother to possess or enter the home. You are from the sounds of it, in highest priority of appointment for personal representative.

Someone (sounds like a creditor) has started a probate action. They are...
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1 Answer | Asked in Estate Planning for Utah on
Q: Whar r my rights if i live with my aunt
Wesley Winsor
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Wesley Winsor
answered on Apr 28, 2017

I am not sure what you are referring to? What are your rights to what? How old are you? Is she your guardian?

Please add more detail.

1 Answer | Asked in Consumer Law and Estate Planning for Utah on
Q: My Partner and I are JT-only he is on loan. I am executor and sole beneficiary in will. Can I keep the loan when he dies
Paul Waldron
Paul Waldron
answered on Mar 5, 2017

You can, it just depends on whether the bank finds out and demands that there be a refinance or assumption of the mortgage. I have seen where the mortgage company did nothing for years because the house payment continued to be made.

2 Answers | Asked in Estate Planning for Utah on
Q: daughter is per rep of will. son is left cash. mother states "as per my instructions by my daughter, tamra".

do the instructions have to be written down by mother or verbally stated to daughter enough?

son wants money paid in full asap.

daughter wants to pay out a little at a time to where it amounts to nothing $25,000.00 is the amount sister states has been left to son, her brother, by... Read more »

Paul Waldron
Paul Waldron
answered on Mar 5, 2017

You have asked several questions, but I think the answer to all of them is, it depends on what is stated and directed in the will. You should sit down with an experienced lawyer and have her/him review the will specifically to advise you on what must/must not happen and where there is discretion... Read more »

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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My boyfriend of 10 years past away and I found a will that he had wrote so I put in to the judge a probate to get his

Estate his xwife that has his son is contesting the will saying he didn't wright it and bring my criminal past into it saying I'm not a reliable person! Can she do that? She supened my mom??

Paul Waldron
Paul Waldron
answered on Nov 2, 2016

Anyone has the right to contest a will. You will have to meet the prima facie case to show the will is authentic, but they will bear the burden of proof to overcome that once you show the will is valid. You need the assistance of a good probate lawyer to help you with this.

1 Answer | Asked in Estate Planning and Family Law for Utah on
Q: my trust fund was fraudulently taken from me from my mother when she forged my signature. What to do??
Paul Waldron
Paul Waldron
answered on Nov 2, 2016

I think your best solution would be to report this issue to law enforcement to investigate.

1 Answer | Asked in Estate Planning for Utah on
Q: How long is the creditors period in the state of Utah

We are a Fiduciary Trustee and our client is deceased, I would like to know how long is the creditors period in Utah and does the Trustee have a duty to send a Notice to creditors? We are not Personal Representatives, but there are no estate assets so there will not be a formal probate.

William Tyler Melling
William Tyler Melling
answered on Oct 19, 2016

Good question. Usually, creditor claims to an estate expire 12 months after death. That being said, best practice is to notify before distributions are made to beneficiaries. Requirements of fiduciary trustees may be higher, so I would suggest retaining counsel regarding your legal obligations.

1 Answer | Asked in Estate Planning for Utah on
Q: My daughter owns a house. She is having a surgery and in the event that something should happen, she wants to make sure

that her house would go to me, her mother. In Utah what paperwork is required to complete her request. Is that something that we can do, or do we need to hire an attorney.

Brian K Jackson
Brian K Jackson
answered on Feb 2, 2016

If she does it herself, she has to execute the document in her own writing, not handwritten, or you can contact an attorney to make sure the will is legitimate.

1 Answer | Asked in Estate Planning for Utah on
Q: I have lived in my grandparents home for the last 10 years and now the poa in their living trust has removed them

They have plenty in savings to cover the cost but now the poa is telling me i either have to buy the house or get out cause she's gonna sell it. I am a 1/4 share beneificiary in their trust as well. Do I have to get out?

Brian K Jackson
Brian K Jackson
answered on Jan 29, 2016

I would need more information on how the trust is set up and who is named on the deed.

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