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Utah Probate Questions & Answers
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
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
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
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
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
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
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
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
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
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
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
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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2 Answers | Asked in Estate Planning and Probate for Utah on
Q: Q: My dad passed away and had family heirlooms that were left on his property. Now my aunt thinks they should go to her.

Both my uncle and aunt have hired a lawyer to get my fathers heirlooms that have been in my parents house my entire life and a few things he inherited from my grandfather when my grandfather passed away. My father was still married so shouldn't the heirlooms automatically go to my mother and... Read more »

William Tyler Melling
William Tyler Melling answered on Mar 8, 2018

Assuming all of your father's children are also children of your mother, then the heirlooms are hers unless there is some other Will or instrument governing their ownership. Even if your father had children that weren't your mother's children, it would be divided between your mother... Read more »

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2 Answers | Asked in Probate for Utah on
Q: Fathers will states his house to be left to my sister. if rented or sold money split between his children. she says No.

She is also the executor of his will and states after probate it is hers and she doesn't have to follow through with with his wishes. Is this legal? if not what can be done?

William Tyler Melling
William Tyler Melling answered on Jan 31, 2018

I'm sorry for your loss. Much depends on the wording of the Will. Many properly-drafted Wills would contain language allowing your sister to occupy the home during her lifetime, but that the home be held in a Trust instead of in her name to avoid these types of problems. Even so, it is... Read more »

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1 Answer | Asked in Family Law and Probate for Utah on
Q: question on my great grandmother's will.

my great grandmother's will left her house to my grandmother who died before her. My great grandmother's will said "if any of my children should pre decease me then their inheritance shall be had by my children's children" what I would like to know is does this mean that my... Read more »

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

Generally, a Will is only effective for 3 years after death. After that point, a determination of heirs proceeding will be used instead of a probate proceeding. Either way, it appears to be the same distribution in this situation. When someone passes away without a Will in Utah, their estate is... Read more »

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 Child Custody and Probate for Utah on
Q: If a mom passes away and has a will for her kids to go to family will the courts go from her will. Or will dad?
William Tyler Melling
William Tyler Melling answered on Jan 29, 2018

It depends. Ultimately, child custody is determined by a judge. However, the nomination of someone in a deceased person's Will is taken into account. When another parent is still living, the children will usually go with that parent.

Finances, on the other hand, are 100% determined by...
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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....
Read more »

1 Answer | Asked in Probate for Utah on
Q: Do I have to go through probate to sell my house after the death of my husband.

My husband died 7 years ago, and I am now selling the house. The title company said they can't get a clear title without going through probate. House was titled in both names. We have one child together and he has two from previous marriages.

Wesley Winsor
Wesley Winsor answered on Jan 5, 2018

Sounds super frustrating. I am sorry you have to deal with this. If the house was in both names do you know if the deed stated that you and your husband owned the property as Joint Tenants or as husband and wife? If so then you will just need to file an affidavit of survivorship and the title... Read more »

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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