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... View More

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.... View More

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/... View More

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... View More

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

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... View More

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... View More

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... View More

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... View More

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... View More

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,... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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... View More

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.... View More