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Utah Probate Questions & Answers
2 Answers | Asked in Estate Planning and Probate for Utah on
Q: My father trusted that my brother would honor his wishes after he passed. regarding his life insurance.

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... Read more »

Nina Whitehurst
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Nina Whitehurst
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.

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1 Answer | Asked in Probate for Utah on
Q: How do I find out if my grandfather had a will.....

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... Read more »

Wesley Winsor
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Wesley Winsor
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...
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2 Answers | Asked in Criminal Law and Probate for Utah on
Q: I was in probation when I was 17 I ranawayand I’m 20 Haven’t had any problems am I good?

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))... Read more »

Brent J Huff
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Brent J Huff
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.

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3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Utah on
Q: My parents died 33 and 35 years ago. Do I still need to probate there home. I'm only child!

I want to sell there home no one has lived in in25 years!

Nina Whitehurst
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Nina Whitehurst
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.

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1 Answer | Asked in Probate and Estate Planning for Utah on
Q: My father died, and he was married. His wife says she hasn't found a will yet. what should I do for me and my sister?

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... Read more »

Kenneth Prigmore
Kenneth Prigmore
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... Read more »

1 Answer | Asked in Criminal Law and Probate for Utah on
Q: How useful is a lawyer help me when I violated probation in Utah

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

Aric M. Cramer
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Aric M. Cramer
answered on Nov 15, 2019

IF you can be jailed or fined, you need an attorney.

3 Answers | Asked in Probate for Utah on
Q: Hello, my father recently passed away and he didn't have no will and I'm his only child. He has a estate and vehicles

My family has came to my fathers home and stole guns,harley's, ATV, gold coin collection and etc. What can I do? Help me Please... Monica

Paul Waldron
Paul Waldron
answered on Oct 7, 2019

In Utah you would need to file a probate action, get yourself appointed as personal representative, and have yourself declared the sole heir of the estate. You would be best served by retaining an attorney that works in the estate probate area of law that is also near where your father's... Read more »

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1 Answer | Asked in Real Estate Law and Probate for Utah on
Q: my dad died we lost house he had paid for need help fast

my dad passed i am benificuary on a bunch of stuff i need help getting and my dad bought a house and has over paid for it the person we bought house from kicked us out and threw away all my dads stuff and sold house we want her to pay and give us our house back

Wesley Winsor
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Wesley Winsor
answered on Aug 20, 2019

Hello,

I am sorry to hear about your Dad's passing. This can be a difficult time as his affairs are wound up. Who is executor or did your Dad have a will? Has anyone started a probate proceeding? If you are a child and an heir you would have probably received notice of this....
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1 Answer | Asked in Probate for Utah on
Q: My grandma passed away. She had a will and left everything to me. My mom is trying to evict me what can I do?

I lived with my grandma for years and took care of her. Her and my mom have been estranged for years my mom is trying to take everything and evict me even though my grandma had a will

Wesley Winsor
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Wesley Winsor
answered on May 20, 2019

Have you seen your grandma's will? Under what authority is your mom using to try and evict you? Was she appointed the personal representative?

If so then even though you may be a beneficiary, she can still evict you. Who has been put in charge as the personal representative/...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mother and father kept their finances separate from each other

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... Read more »

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: My mother left me all of possessions which include basically everything in the house. I'm leaving everything in place

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... Read more »

Wesley Winsor
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Wesley Winsor
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

1 Answer | Asked in Probate for Utah on
Q: Hi, I have a question about probate, what needs to be done with the State/Federal after someone dies ?

My father recently passed away. He was living in Salt Lake in a nursing home for the last 15 months of his life. He was receiving SS and Pension, which have both been notified & stopped. Prior he was living in Virginia, all is assets are held jointly with me (his son & executor of his will... Read more »

Wesley Winsor
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Wesley Winsor
answered on Dec 13, 2018

Hello,

When someone dies there is an order of claimants on the content of the estate. It goes like this:

1. Cost of administration

2. Creditors

3. Heirs or beneficiaries

Life insurance payouts will go directly to the beneficiaries without counting as part...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: In my house I have my deceased boyfriend guns in my gun safe can I keep them until I get my stuff he had at his property

This is in wyoming

Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Estate Planning and Probate for Utah on
Q: In Wyoming can a partner or friend be administrator of estate if no will
Wesley Winsor
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Wesley Winsor
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...
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1 Answer | Asked in Probate for Utah on
Q: My mom passed away back in September and there was no will but she had life insurance policies that were signed to me

And my brother anyways she had a bank account and did not leave a will. I was told by a lawyer all I needed to do with the bank account was bring them the death certificate and a small affidavit to get control of the bank account, and he also stated that they didn't comply they could be sued... Read more »

Wesley Winsor
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Wesley Winsor
answered on Aug 27, 2018

The advice the attorney gave you is correct up to a point. It depends on how much is in the bank account. If there is 100k or more, then you will have to take it through probate in order to get the distribution from them. Do you have any idea how much is in the account?

If it is less...
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1 Answer | Asked in Probate for Utah on
Q: Mom passed. She put car in "her name OR my name. My car now. Is this part of probate? Family fighting for car.

Also fighting over POD my name. Family fighting for this also.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 9, 2018

No, if the title was held in the "A or B" fashion then it means that you owned it as a joint tenants. Joint tenancy carries with it a right of survivorship which means that upon the death of one joint tenant (your mom) you inherit the entire property (the car).

You will need to...
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1 Answer | Asked in Probate for Utah on
Q: Why would someone need to sign a document so he or she can become the personal representative of a deceased person
Wesley Winsor
PREMIUM
Wesley Winsor
answered on Aug 9, 2018

Hi,

There are a couple of different times in which someone might sign an "acceptance of appointment". Some attorneys as part of their estate plan preparation will have an "acceptance of appointment" type document wherein the person nominated in the person's will,...
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1 Answer | Asked in Probate for Utah on
Q: Do I even need to file for probate?
Paul Waldron
Paul Waldron
answered on May 31, 2018

It depends on the nature of the estate of the decedent, the size of the estate of the decedent, and whether the decedent died with a will or not (testate or intestate). Further information is needed to fully answer your question. Working with an experienced lawyer will help you more fully... Read more »

1 Answer | Asked in Probate for Utah on
Q: My brother is the executor of my moms estate. What rights do I have as a beneficiary.

Executor won't give copies of probate papers or any papers regarding the sale of her home. Now he refuses to answer our calls or texts and says will only contact us through mail. He has been talking to one beneficiary and not the other two.

Wesley Winsor
PREMIUM
Wesley Winsor
answered on May 2, 2018

Hello,

I am sorry for the situation. I am not sure why, but I often see the executor stone wall beneficiaries. It sounds like you signed a waiver of notice or else everytime he filed something the Court would require that he also send you a copy if you are in fact a beneficiary. The...
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1 Answer | Asked in Probate for Utah on
Q: MY BROTHER COMMITTED SUICIDE. HE LEFT 3 KIDS UNDER 18 AND A EX WIFE. WHO WOULD BE CONSIDERED NEXT OF KIN?

MY BROTHER IN LAW HUNG HIMSELF ON 2/18/2018. HE HAS 3 CHILDREN WITH HIS EX WIFE ALL UNDER THE AGE OF 18. THEY HAVE BEEN DIVORCED FOR OVER 9 YEARS. SINCE THEN MY MOTHER IN LAW HAS PAID THE MORGAGE ON HIS HOME DUE TO THE FACTS THAT HIS EARNED INCOME WENT TO HIS EX FOR CHILD SUPPORT. IN THE DIVORCE... Read more »

Wesley Winsor
PREMIUM
Wesley Winsor
answered on Apr 13, 2018

Hello,

I am sorry for your loss. I am also sorry I am having a bit of trouble understanding your relationship to the decedent. Is he your wife's brother, or your sister's husband? I would imagine that he is your wife's brother because otherwise, your sister would stand in...
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