QUESTION
Does the utah probate law include homes that owe a lender in the "real property" or 100,000 clause?
Asked on Nov 30th, 2017 on Wills and Probate - Utah
More details to this question:
Probate "real property" and 100,000 dollar estate. Does that include mortgaged properties where the equity of the home is less then 100,000 or is that concidered real property? Need clarification please.
1 ANSWER
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David R. Hartwig, Esq.
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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
Answered on Nov 30th, 2017 at 7:44 AM