Michael S. Haslam’s Answers

Michael S. Haslam

Farmington Estate Planning Attorney.

Contributor Level 5
  1. May State of Utah take and sell estate (home and land) as medicaid recovery, where joint tenant survives the medicaid recipient?

    Answered 3 months ago.

    1. Michael S. Haslam
    2. Diane Beth Weinberg
    3. Jerry E Shiles
    4. Matthew Lawrence Schneider
    4 lawyer answers

    Utah usually takes the position that the surviving joint tenant is entitled to half the value of the home. Meaning the lien should only apply to half the equity in the home. There may be some additional arguments that the entire home is excluded from recovery as mentioned in the previous answer. It is best to work with an attorney on this issue so they can appropriately negotiate with ORS and the state.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can a co-trustee evict the other co-trustee who is squatting in the house?

    Answered 9 months ago.

    1. Michael S. Haslam
    2. Christopher Jon Finley
    3. Ryan Lynn Jensen
    3 lawyer answers

    The trust document itself would outline the terms of the trustees powers, so it would be difficult to be absolutely sure without reviewing the trust. The trust may allow for a discounted sale of the home or for a single signature even though there are co-trustees. A good thing to keep in mind is the trustee has a fiduciary duty and it wouldn't be in the best interest of the beneficiaries to sell the home at a discounted rate or have a trustee living in the home without paying rent. Your next...

    4 lawyers agreed with this answer

  3. Will I receive anything from this trust in a divorce?

    Answered 3 months ago.

    1. Michael S. Haslam
    2. James Preston Alder
    3. Devin W. Quackenbush
    3 lawyer answers

    Trusts can be set up in many ways. They can be very technical documents. From the brief description that you have provided, it seems like it will take a deep read into the trust to determine whether or not it is possible for you to receive anything. I would definitely seek legal counsel to review the situation in depth if you are considering taking action because an asset as significant as a home is definitely worth being sure on.

    2 lawyers agreed with this answer

  4. MY PARENTS ARE BOTH DECEASED. THEY HAD A WILL DRAWN EITHER LATE 1990 OR BEGININNING TO 2000. THE ATTORNEY HAS RETIRED.

    Answered 6 months ago.

    1. Michael S. Haslam
    2. William J. Benz
    2 lawyer answers

    It sounds like you are in quite the predicament. Generally, the attorney that drafted the will would have a copy, but that is not always the case. Since the attorney is retired, it is not likely that you will be able to get a copy from him. Wills are not public record until they have been probated. I am not familiar with Texas state law as I am with Utah. In Utah though, only originals of the will are accepted. So, that may also be the case in Texas. Primary places that my clients have...

    2 lawyers agreed with this answer

  5. My wife and I have no real estate. Several cars, IRA's and Investments approx 125000.00. Living Will, living trust or both.

    Answered 9 months ago.

    1. Neil W Harris
    2. Peter Lence Lattin
    3. Michael S. Haslam
    4. Matthew L. Krueger
    5. James Preston Alder
    6. ···
    6 lawyer answers

    In addition to determining whether a will or trust is right for your planning, you should look into which ancillary documents are appropriate, like a power of attorney or healthcare directive. All of these documents should compliment each other as you work on your estate plan.

    2 lawyers agreed with this answer

  6. Should my grandparents prepare a "will" or a "trust"?

    Answered 6 months ago.

    1. James Preston Alder
    2. Michael S. Haslam
    3. Alfred Fargione
    4. Mark J. Edwards
    5. Joseph Franklin Pippen Jr.
    5 lawyer answers

    Most likely a trust would be best for your grandparents assuming one of their main goals is to avoid probate. A trust could also be used to help in event either of them are incapacitated. The estate tax issues should not effect whether they use a trust or will. It would be a good idea to consult an attorney to help prepare their plan.

    1 lawyer agreed with this answer

  7. I hired an attorney to help with guardianship for my grandson. I paid for the petition and it was filed in December.

    Answered 4 months ago.

    1. Michael S. Haslam
    2. Travis R Christiansen
    3. Ruth Elaine McMahon
    3 lawyer answers

    One thing that a lot of clients do realize is that they have the ability to "fire" their attorney if they do not feel they are receiving adequate representation. In this instance, it certainly appears that your case is being neglected. With a matter that is as important as a guardianship, it would definitely be worth while to find a new legal counsel that will accelerate the process. Before doing that though, give the firm another call and let them know that you plan to do so if there is no...

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