Randall J Holmgren’s Answers

Randall J Holmgren

Salt Lake City Trusts Attorney.

Contributor Level 9
  1. How long after a persons death can a Power of Attorney agent write checks from the deceased's bank account to pay bills?

    Answered about 1 month ago.

    1. Steven M Zelinger
    2. Raphael Samuel Moore
    3. Oladeji Oluyomi Bolaji
    4. David Robert Duringer
    5. Randall J Holmgren
    6. ···
    6 lawyer answers

    If your sister was also a joint owner of the account, or was listed on the account as a co-signer, she can continue to write checks (although the bank has the final word on what power sister may have had as joint owner and/or co-signer). The Power of Attorney does not give your sister any power after your father's death. The Power of Attorney expired at the moment of your father's death.

    7 lawyers agreed with this answer

  2. Is naming estate of myself the prper wording for my life ins. policy?

    Answered over 2 years ago.

    1. Randall J Holmgren
    2. Joseph Franklin Pippen Jr.
    3. James P. Frederick
    3 lawyer answers

    Yes. It may not get you the results you desire, but you can do it.

    4 lawyers agreed with this answer

  3. Can the executor of an estate sell the property without consent of the other heirs?

    Answered 9 months ago.

    1. Randall J Holmgren
    2. Kenneth Love Jr.
    3. Zachary David Jackson
    4. Patrick D. Newton
    5. Scott D Rosenberg
    5 lawyer answers

    There are too many legal issues flying around n these facts to enable an intelligent response. Much of a good answer depends on the laws of the State where administration of the estate occurs. Was there a Will: When you speak of heirs, that implies there was no Will. You and your brother may have been "named" as executors of the estate, but were you court appointed. You will likely not be able to sell real property until the Will is probated or the heirs are court determined. Spend a few...

    5 lawyers agreed with this answer

  4. Will a notarized paper with my wishes on it be as legal as a will. Before something happens to my husband and I.

    Answered over 2 years ago.

    1. Randall J Holmgren
    2. James P. Frederick
    3. Paul A. Smolinski
    4 lawyer answers

    The notary simply serves as evidence that you signed the document and that no one forged your name. That's all. Each state has requirements for whether the document or paper you signed is a valid will or not. In Utah, a handwritten will needs no notary or witnesses, but it has to be 100% in your handwriting; nothing typed or printed. On the other hand, a typed or printed will has to be witnessed by two persons of legal age who are not named in the will. For example, a couple of neighbors....

    3 lawyers agreed with this answer

  5. How to pass along appreciated stock out of Estate.

    Answered over 2 years ago.

    1. James Preston Alder
    2. Randall J Holmgren
    3. Steven J. Fromm
    4. Charles Patrick Kincannon
    4 lawyer answers

    FIRST, have you used the indexed $10M exemption which is now $5.12M? If not, there's an additional $240,000 you and your wife can gift in 2012. SECOND, you can continue to make annual gift-tax exclusion gifts of $13,000 per donor per donee. If you have numerous children/grandchildren, that could help the situation you've described. You say it is a BIG family. Let's say you have 30 potential donees (perhaps siblings, children and their spouses), you could gift $780,000 per year using the...

    2 lawyers agreed with this answer

  6. How can an out-of-state heir know what is happening with an estate when both the estate's executor and lawyer estate are mum?

    Answered 4 months ago.

    1. Robert Werner von Dohlen
    2. Sean Joseph Green
    3. Nancy Yukfung Hui
    4. Randall J Holmgren
    5. Nancy Young Hart
    5 lawyer answers

    The cost of the lawyer needs to be weighed against the value of the estate and what your wife is entitled to. Let's assume mom died with, as you say, no cash, many debts and a house. If the house is worth $1million and she had $200,000 of debts. Then there is $800,000 of equity. If your wife is entitled to 1/4, 1/3, 1/2 or more, then $300 per hour isn't a problem as long as the attorney can get your wife what she deserves. Don't step over dollars to pick up pennies.

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. In a Uniform Probate Code (UPC) state (Arizona, Colorado, Utah, etc), how long does an INFORMAL probate typically take?

    Answered about 1 month ago.

    1. Kristal M. Bowman-Carter
    2. Randall J Holmgren
    3. Geoffrey C Dietrich
    4. Kigan I. Martineau
    4 lawyer answers

    In Utah, I can generally get a Personal Representative appointed within a few weeks after the time has passed (since date of death) for applying for informal probate of a will or for information determination of heirs (if there is no will). Depending on the circumstances, it may be prudent to publish a notice to creditors before distributing assets. The publication takes three weeks and creditors have 90 days to present claims.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  8. I just found out that I will be receiving $1,900 a month until 2016 in an inheritance from my Father's estate.

    Answered 9 months ago.

    1. Shelley Ann Elder
    2. Sterling S Olander
    3. Randall J Holmgren
    4. William Anthony Massarweh
    4 lawyer answers

    The $1900 per month income will affect any "need based" financial assistance you are receiving. Consult with the estate's Executor or the estate's Legal Counsel and see if (A) the Executor has the discretion to distribute now or later, (B) the Executor has the power to treat the $1,900 as a Special Needs distribution, or (C) whether your father's estate can be modified to convert your inheritance into "Special Needs" distributions. For example, every trust that I create for a client gives the...

    1 lawyer agreed with this answer

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  9. What are the necessary steps to go through probate to sell a house without an attorney?

    Answered over 4 years ago.

    1. Randall J Holmgren
    2. Jason C Hunter
    3. Steven J. Fromm
    3 lawyer answers

    I think that the Probate Court in Salt Lake City has a packet of information for do-it-yourself lawyers. If not, check the website for Utah Courts and maybe you'll find what you need there. I see people in Probate Court, now and then, acting as do-it-yourself lawyers trying to handle probate cases without a lawyer. It is not an impossible task, but I've seen people having to come back to court multiple times because they continued to make mistakes and not comply with legal requirements for...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  10. I have used the name sherry for 50 years, birth records says cheryl, do I have to change it legally?

    Answered over 4 years ago.

    1. Randall J Holmgren
    1 lawyer answer

    It might cause problems. That is a question that is hard to predict. If you want to minimize the risk of problems, or the severity of problems, then have your name changed legally.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful