Utah Probate Legal Questions

No one has authority over any of your father's property until a court admits his Will to probate (proving) and appoints an executor or, if there is none, makes a determination of heirship and appoints an administrator to settle his estate. Hire a probate lawyer who practices in the county in which your father lived and died.... Read Answer

There are two or three questions here.   First, is he entitled to live in the home rent free for 90 days or any other period of time?  No.   Second, how long after the court appoints an executor or successor does that person have to sell the home before the mortgage lender can foreclose?  Federal law allows six months.   Third, can the sibling set a 90 day deadline for a prospective buyer to obtain financing?  No.  The sibling does not even have the right to demand an accounting until many months (usually over a year) have passed or to ask the court to replace the executor until an even longer period (say, two years) has passed without the sibling having received a distribution (one quarter of the net sale proceeds of the home).  This is usually the same period which must pass before the sibling can bring a suit for partition, forcing a buy out or sale.... Read Answer

After 16 years, it is probably too late for your to do anything regardless of the facts.  If you had been named as a beneficiary of the life insurance policy, it would have passed to you (or in trust for you) on presentation of a death certificate.  You can check the county deed records to see what happened to the house.... Read Answer

You say the Will "states" but yet you claim you have not seen the Will. Which is it? Has the Will be probated? If not, that is what you need to do to establish your rights. If is has, then you can see the Will and assert your rights.   Until all that is handled, no one can answer your question. Presumably the Will controls and you need to get that.   Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone my office Monday morning.

David R. Hartwig 

801-486-1715... Read Answer

What you state may be true, in all respects. To fully determine her estate you need to open a probate estate with the court. In that way you will be able to determine her holdings and assets, as well as how to distribute any remaining assets.   You need to get with an aggressive family law / probate attorney who has experience with litigating probate matters, handling assets, and difficult cases. I know what these cases are like, having handled a number.   You need to get moving ... as in today, to hire an attorney and handle this matter correctly from the outset. Or, you can try doing it yourself, and bumble through. Of the two options, which choice is best for you, and your rights? You should be able to get in with attorneys today, I know that I have some openings. So, check around.... Read Answer

Hire a probate lawyer who practices in the county where your sister filed to present the death certificate and evidence of where your mother lived and petition the court to decline jurisdiction. Hire a probate lawyer who practices in the county where your mother lived and died to probate her Will or, if she had none, file an Application to Determine Heirship and Issue Letters of Independent Administration.... Read Answer

In theory, yes, depending on the partnership agreement. Has wife opened a probate case with the courts? A case to determine intestacy and heirs? If not, she needs to start with that and proceed to make her claims. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office. 
Don't wait any longer, give a call and let's getting working to protect your interests and those of the children. 

David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

My first question is where is your attorney in this? Your attorney is there to answer questions such as this, and to assist you in all decisions and steps to take. If you don't have one, you should get one. And, the cost of the attorney can be charged to the estate, not you personally. So you won't be out-of-pocket on this. The answer to your question is, it depends. Without reviewing the claims to see if they are valid, or whether you should challenge them, I cannot give you a valid answer. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I offer an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, my office. 
David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

Real property takes a probate out of the affidavit, or limited probate, system without regard to mortgages. A probate estate will need to be opened. The best thing to do is get with an experienced probate law attorney to review all of your facts and papers. Your situation involves major factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig

 801-486-1715  ... Read Answer

Until the probate estate is established and the personal representative appointed, there is nothing. You need to file the probate estate and get appointed as the personal representative before the house can be sold, and before you can actually do anything. Your situation involves factual and procedural issues. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 Don't wait any longer, give a call and let's getting working to protect the estate and your interests. 

David R. Hartwig

 801-486-1715
drhlaw@ix.netcom.com... Read Answer

The basic cost actually depends on how complex things are, and how you want to handle your property. Assuming a simple estate, my average "simple" will costs between $300 - $400. These are issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge, and a 1/2 hour consultation for $50. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office; if you are outside of the Salt Lake area, we can handle all of this by phone.
 
David R. Hartwig 

801-486-1715
drhlaw@ix.netcom.com... Read Answer

I presume that you are talking about his Will. If that is the case, you can check with the court where he lived to see if he filed it there. You can also check to see if you can locate the attorney who prepared the Will. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

I am sorry to hear that you are in such a mess. The cost will simply depend on how much work is needed to complete the case, and if there is anyone who disputes anything. It could be just a couple of hours, if everything is simple, to many more hours of work. These are factual issues that we can discuss. If you are interested in pursuing the matter further, I off an initial 1/4 hour consultation without charge. If you want to set an appointment for the initial consultation, feel free to telephone, or email, my office.
 David R. Hartwig
801-486-1715
drhlaw@ix.netcom.com... Read Answer

Your questions omits a number of potentially pertinent facts. First, has the will been probated? Second, has a personal representative been approved by the probate court? Third, if so, who is the personal representative, and why doesn't that person do something about the situation? If your sister is the personal representative, then perhaps you need to see about her being removed from that post. You really should consult with an attorney who handles probate matters to really look at what is going on in your situation. I may be able to assist you. David R. Hartwig 801-486-1715... Read Answer

The simple answer is -- it all depends on the terms of the trust. The trust controls, and I or any other attorney will need to review the trust and see what it says about the property you are living in, what powers the trustors may have reserved to themselves, and what to actual purpose of the trust is. The trustee's powers may be personal, and therefore not transferable under a mere power of attorney (at least that is what I think you mean by “poa”). Or, the attempt to sell the property may be contrary to the terms of the trust. You and the other beneficiaries may want to file to have grandma removed as the trustee, thereby negating the poa. No matter what, you need to obtain legal counsel to fully review the trust, the facts, and to represent your interests. If you desire, I may be able to assist you. David R. Hartwig 801-486-1715  ... Read Answer

Any person who can take under a will, which includes people who might take, cannot be a witness without problems arising, which could include a complete dismissal of the will. You really need to speak with your attorney on this issue (or hire an attorney, such as I, who handles wills and probate)... Read Answer

IF your father is an heir to the will, which is a legal question you need to look into, you MAY have recourse IF he was not notified of the estate. If he died before the will was filed, his intestate heirs would be subject to inherit ONLY if the will allowed that condition. This is complicated and you should really sit down with a UT attorney. If father or his heirs were subject to inherit, they missed their chance most likely, unless they were not properly notified. ... Read Answer