Get free answers to your Probate legal questions from lawyers in your area.
IRS states as follows in their website
The property includible in the U.S.-situated gross estate for a nonresident not a citizen includes only assets “situated” in the United States, such as:
1. U.S. real estate,
2. All tangible property located in the United States,... View More 
answered on Aug 13, 2021
Cash is considered tangible personal property. In your case, money held in the bank would either be deemed "cash" or "intangible" property.
I hope this helps.
When he was alive, he told me that he put his dog in his will and specifically told me that it was important (he was acting very cryptic and secretive about it). His estranged wife keeps asking me if I'm going to keep her. I told her yes, and that I suspected my friend (her estranged husband)... View More
answered on Apr 26, 2021
If you are to receive his dog (which is deemed "property") then you are a beneficiary of the will. As such, you are entitled to see the Will unless the Will says otherwise (something like, no beneficiary is entitled to a copy of the will and will be subject to judicial review only).... View More
I am about to inherit restricted stocks from my father who was an insider in the company. I dont know what the restrictions are exactly yet, but whatever they are, can I and how likely can I succeed to force the company to lift those restrictions in the court?
Do they need to have... View More
answered on Feb 3, 2021
Hello,
That questions is difficult to answer. If your Dad died while working at the company, perhaps the stock will come restriction free. Usually restrictions are in place to prevent insider trading, so if there is no chance at insider trading anymore, they may lift them. Other... View More
They won't give him any details on how much it is or how long it's going to take them to get it to us. I mean 30 years, its been long enough can you help us what are the laws. They finally got ahold of him because of ottit
answered on Jan 26, 2021
The first thing you should try to do is to get a hold of the estate docs. The Will and/or Trust. These documents will speak to your right to demand an accounting or other information. If they don't then you will be looking to the Utah Probate code or Utah Trust code to see if you have rights... View More
He married my mom about 25 years ago and they divorced. He never adopted us girls but was are father. My sister took everything. He always insisted there was a Wil and it disappeared. How can I get my share and how is it legal she can take it all. Its so unfair cause me and my father was the... View More
answered on Sep 30, 2020
You are legally considered someone's descendant if they were your birth parent or they adopted you. If you are not a descendant, you can only inherit if they leave behind something stating that you are the intended heir. If your sister is the only living descendant of your stepfather, and... View More
BF died of drug intoxication. Insurance is asking for prescription list, autopsy and toxicology. We were not married how do I obtain these? I doubt his family will help me obtain one.
answered on Sep 8, 2020
Obtain some sort of official demand from the life insurance company and give a copy to the sources of the documents you need. This may work.
Attorneys can normally obtain these items with a letter saying they need it for their client to obtain insurance.
If neither of these work,... View More
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 states state the Executor can sell the property, real or personal, etc. without an order of the Court. However, only her name is on the deed with the Washington County Recorder's office. Does the will directing the executor to sell the home, allow the home to be sold and the... View More
answered on Aug 25, 2020
No, just because states that the executor can, doesn't mean that the recorder's office will let them transfer title. "Probate", refers to old England process where they had to prove the will or see if the will was valid. You will most likely have to run the will through probate... View More
My father passed away over 60 days ago, he left no will, was paying on land, all of his belongings are less than $100,000. We just need help with the process and which forms we need.
answered on Aug 21, 2020
I am sorry to hear of your loss. You are correct, if he died owning real estate (name on title) you will most likely have to go through probate.
I take it that the land is in Utah and your father was domiciled here when he passed?
I would be happy to help. Please reach out... View More
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
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
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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.
also would a interest on property file filed with the court be enough for the house to not be able to be sold.. while i get council and find best lawyer to get started with probate or whats the next step? or 1st step. remember his bank accounts and proeprty is being sold by my younger sibling as... View More
answered on Apr 22, 2020
Hello,
I feel like I missed the first half of the story, but here are some issues you will need to think through as well as some explanation of Utah Law.
First, let's make sure that we are both understanding the language that we are using. When I say estate, I mean all property... View More
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
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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 met my grandfather (on my dads side) in 2000 over the phone when he was speaking with my grandmother (moms side) he was in Utah I was in Seattle, I moved to Utah latr October 2019 I called him we were gonna meet face to face that Thanksgiving well he didn't show, then never answered his... View More
answered on Mar 30, 2020
Hi,
I am not sure where you are at in your knowledge about estate planning, so I will give you some background then answer your question.
Background:
If your Grandfather put you in his will whomever the executor/personal representative is will need to notify you if you are... View More
When I was 17 I was on probation I did good till about the third month and it kept getting worse and worse living with my dad(he’d get in my face yelling, threaten to hit me, constantly would kick me out then threaten to call my PO for running away constantly degrade me cause my weed charges(2))... View More
answered on Mar 10, 2020
You should call an attorney who can look up the case in the CARE system. It seems unlikely that the Court would have any interest in pursuing the case; but, there is no way to know if you are good without determining what occurred in the case.
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.
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
My probation officer came to my house and I was out of state For work .i did not notify him in advance . I can Havecompany prove that I was working .in this ISituation Should I tell him right away or wait until back in the state in a few days then meet him with a lawyer
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