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Randall J Holmgren

Randall Holmgren’s Answers

80 total


  • If I am a named beneficiary in my mom and dads will and trust should i receive a copy of the will and trust

    My mother is refusing to give me a copy of the will and trust. My father passed away and his burial wishes were not carried out to his wishes.

    Randall’s Answer

    Attorney Alder's answer is good, but what if you are named as a current beneficiary of your father's Will and/or Trust. Then, in my opinion, you have a right to a copy now. That's what your rights are. Enforcing your rights are another story. You'd almost certainly need an attorney who could use the probate court legal process to enforce your rights.

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  • Ending or exiting a Revocable Trust.

    I am a Co-Trustee in what was an irrevocable Trust and is now revocable"7 years after the death of my Father" The trust just contains land and enough money to maintain it. There are five beneficiaries and I want out or dissolution of the trust. ...

    Randall’s Answer

    There is always a way. You'll need an attorney. That's why they exist -- to accomplish things that non-attorneys don't know how to accomplish. Sorry if that sounded blunt -- but that's the answer. If you were in my state (which you're not), I'd know how to help you with this.

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  • Separated and laws and how this works.

    if a person has been married for more then 29 years but they have lived apart for over 24 and have been separated, and one person dies do they have a right to any money or estate if there isnt a will? My mother passed away recently and there was...

    Randall’s Answer

    Your mother's husband is her next of kin (aka her legal heir) even though they've been separated all those years. Other heirs (her children) may have a claim to some of the settlement though. I'm not a personal injury attorney so I don't know who has a claim to the settlement. My hunch is that if the attorney (representing your mother's estate) handled the case correctly, some of the settlement should be payable to her children.

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  • How can my twin and I stop our older sister from renting and/or letting her children stay in our (3 sisters) inherited home?

    Our grandpa left his house to my sisters and I when he died in 2010. Since then my older sister has let her children live in the home and now others are in the home (possibly renting, we don't know what is going on) yet my twin and I have never be...

    Randall’s Answer

    Yes, you have rights and yes you can enforce them. You can obtain a court order requiring the house to be sold and evicting the current residents to enable the house to be cleaned, painted, repaired and whatever else might make it sell for a higher price. You can obtain a court order requiring your sister, the executor, to "account" for everything she has done and not done, all money that has come into the estate and back out . . . and why. You have powerful rights, but you have to take action to enforce them. You will need to employ an attorney, particularly where you live on the east coast. You may not want to do that, but you'll amazed what a good, qualified, experienced probate lawyer can do for you. If the attorney can get your money out of the estate, with Court assistance, it will be well worth what you spend.

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  • Do I need a lawyer to contest a life insurance beneficiary?

    My ex-husband just passed away. If our son isn't the beneficiary of his life insurance policy, can I contest it to help him get a portion? How do I find out for sure if he had life insurance?

    Randall’s Answer

    Step 1 is contact the insurance company to confirm your ex-husband had life insurance. That will be difficult because of privacy -- most insurance companies will not provide information to their insured's (your ex-husband's) former spouse. The Company may be more willing to provide the information to your son. If that doesn't work, you may need the help of an attorney. Step 2 is to verify who are the death beneficiary(ies) of the insurance policy. Same problems as Step 1. However, when 1 and 2 are completed, it will be very difficult (although not impossible) to change the beneficiary(ies). In other words, if your son is not name as a beneficiary on the insurance policy, it will be very difficult (though not impossible) to get that changed. Without more information, that's the best I can do.

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  • What do I need to do to transfer oil royalties since my father's passing?

    My father passed away in 2002. It wasn't until recently that I discovered that he was receiving oil royalties. First, is it possible to have his royalties switched to me and my brothers name since we are legally next of kin? Second, is it possible...

    Randall’s Answer

    The other three lawyers have correctly identified the important issues.

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  • A friend recently died, and she had something of mine that was promised to be returned. I got it, and her family is throwing fit

    This friend is the great grandmother of my adopted son. I printed a photo book for her with her absolute promise that the rest of her family would never see it. I own the copyrights to the photos and book. So the day she died, a mutual friend who ...

    Randall’s Answer

    The other two lawyers have attempted to tell you the legal problem. As a practical matter, you have the book. Until someone tries to use the legal or justice system to get the book from you, it is yours. If the bio mother wants the book, she'll likely need to pay a lawyer to force you to hand over the book. If and when that time ever comes, you can get better legal advice from your own attorney. Until then, is there a problem?

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  • I have a lawyer but I don't trust him. Its a civil case, what can I do? Can I fire him?

    We also just moved from Washington state, where the accident occurred.

    Randall’s Answer

    Yes, but if you signed an agreement for the attorney to represent you, you may be legally obligated to pay the attorney for time spend on the case thus far and any costs (aka out of pocket expenses) he has paid on your behelf (e.g., court filing fees).

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  • Do I have to probate the Trust?

    My father passed 2 weeks ago. He had pour-over will with a Trust. It is my understanding that the Trust does not have to be probated. How do I transfer property given in the Trust without a Court order? Thank you.

    Randall’s Answer

    Assets that were owned (aka "titled") in the name of the Trust, at the time your father died, can be transferred to the beneficiaries of the Trust without the need for probate. Some assets, however, if owned in your father's name at the time of his death, with no named death beneficiary, may require a court order to be able to be distributed to the beneficiaries of the Trust. I'd recommend that you consult with a trust attorney in your area.

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  • Which applies, signed agreement or amendment of trust?

    I have a signed agreement between myself and a beneficiary of my partner's original Living Trust; since original trust he added two amendments to the trust which applies to Articles covered in the signed agreement. Do the amendments override the ...

    Randall’s Answer

    If I understand your question correctly, the amendments probably override the agreement. The intent of your partner was expressed in the original Living Trust and in his two amendments. An agreement between you and a beneficiary of your partner are subordinate to the Trust and its amendments. However, if no one other than you and your partner's beneficiary are affected, the answer could be different than what I've said. More facts would be needed. How does the agreement differ from the amended Trust?

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