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... View More

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... View More

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... View More

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.

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.

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... View More

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.

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

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.

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.

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

Has a probate case been filed? You need to talk to an attorney in your state.

Not enough facts are given here for an answer.

In insurance parlance, a "rider" is sort added language to a standard insurance policy. You would have been a beneficiary, not a "rider". If your father cashed out the policy before he died, you are not entitled to the insurance policy proceeds at his death, because no... View More

You questions is whether their Trust will be legal here in Utah. The answer is generally yes. A trust is nothing more than a contract. There are some laws here in Utah that could affect the distribution of the estate depending on the Trust is written up, but typically that isn't a problem.... View More