Randall J Holmgren’s Answers

Randall J Holmgren

Salt Lake City Trusts Attorney.

Contributor Level 9
  1. My husband has written a holographic will leaving his estate to me (his wife) and omitting his three adult children. No alimony.

    Answered over 3 years ago.

    1. Randall J Holmgren
    2. Peter C. Sisson
    2 lawyer answers

    Holographic wills can be acceptable and enforceable in Utah. They can also be challenged in court, and the children your husband is trying to disinherit may be motivated to try. There are numerous grounds upon which a will (including a holographic will) can be challenged and deemed unenforceable. The only way to minimize that risk is to utilize an attorney.

    1 lawyer agreed with this answer

  2. What do I need to do to get a power of attorney papers so I may help my father with medical billing problems?

    Answered almost 4 years ago.

    1. Jason C Hunter
    2. Randall J Holmgren
    3. Martin L Bearg
    4. Alan James Brinkmeier
    4 lawyer answers

    I generally agree with the others who have tried to help answer your questions. I would add the following: (1) Is your father competent to sign a power of attorney? If his competency is questionable, you may have other family members who may think you're trying to take advantage of him and his money. (2) Some power of attorney documents say "my son can do any and all things I could do if I was competent." While that would seem to cover "everything," many financial institutions will not...

    1 lawyer agreed with this answer

  3. What will my daughter have to do/prove to the court to have a legal guardianship of her son, my grandson reversed.

    Answered over 3 years ago.

    1. Randall J Holmgren
    2. James Brian Thomas
    3. Eliz C A Johnson
    3 lawyer answers

    The answer of attorney Thomas is a good one. May I add a couple of thoughts to his? If your daughter has little or no money, she'll have a hard time finding an attorney to represent her in reversing the guardianship. She might qualify for "free" legal representation from an organization such as "Legal Aid", but such organizations screen new cases carefully to preserve their limited resources and not use the resources on representing people who don't really have a meritorious case. To...

    1 person marked this answer as helpful

  4. Can I obtain guardianship for my daughter's Brazilian friend so she can complete high school in the US?

    Answered about 4 years ago.

    1. Randall J Holmgren
    1 lawyer answer

    I believe you can obtain guardianship if your daughter's Brazilian friend is a legal resident in the U.S.. If you want to know for sure, call me at 801 534 7208 and I'll ask one of the immigration attorneys in our law firm.

    1 person marked this answer as helpful

  5. How language is used to influence opinion in the field of Law?

    Answered 3 months ago.

    1. Matthew D Jefferson
    2. Randall J Holmgren
    3. Scott D Rosenberg
    4. Christine C McCall
    4 lawyer answers

    A lot of legal terminology is derived from Latin. For example, quid pro quo, res ipsa loquitur, per se, pro se, ab initio, res judicata, habeas corpus and nunc pro tunc. Aside from Latin and English, I am not aware of other languages that influence legal opinions in the United States. Will this help you resolve a legal question you are having?

  6. How do I amend a trust to add another administrator

    Answered 3 months ago.

    1. Ricky J. Nelson
    2. Dennis M Astill
    3. Randall J Holmgren
    4. Brendan Bybee
    4 lawyer answers

    Yes, he can do it himself. It will help if he knows what he is doing, but he CAN do it himself. A few cautions. The Trust may not permit such amendments. Read it very carefully. If it permits such amendments, then consider the pros and cons of having multiple administrators (aka trustees). Not hurting feelings is not the only consideration. Ever heard of "too many cooks in the kitchen?" That can be a big problem for Trusts that have multiple administrators/trustees. Those are things I'...

  7. Can I be paid for living as security at an estate.

    Answered 4 months ago.

    1. Ruth Elaine McMahon
    2. Randall J Holmgren
    2 lawyer answers

    This is more of a Practical issue than a Legal issue. Ideally, you would have agreed on compensation with the Executors at the time they asked you to keep living in the house. I assume there was no agreement. So, you can now contact the Executors and try to make an agreement to be compensated for both PAST and FUTURE services as Security for the house. They'll either negotiate with you or they'll say that the value of the internet and the value of your use of the house is your compensation....

  8. How do i obtain guardianship of my fiance's kids

    Answered over 3 years ago.

    1. James Preston Alder
    2. Randall J Holmgren
    2 lawyer answers

    I know you want an answer, but I can't give you an answer until I have more information. Why do you want guardianship? The children are your fiancee's children so he is the legal custodial parents (I assume so, anyway.) If their mother isn't living I suppose you and your fiancee could Petition the First District Court in Brigham City (btw, I grew up in Tremonton and attended BRHS) to grant you partial guardianship, but the Court might hesitate doing that until you and your fiancee are married.

  9. My uncle is executor, he decided for my cousin and i to share a valued possesion, swithcing it yearly, my cousin decided not to

    Answered over 3 years ago.

    1. Jonathan Scott Connor
    2. Randall J Holmgren
    2 lawyer answers

    Sorry, but I don't quite understand your question. Who died? Did the decedent have a Will or Trust that gave Uncle "discretion" to have you and your counsin share the valued possession, or is Uncle just allowing the sharing (and not allowing the sharing) without any legal document giving him that authority or power?

  10. I am a beneficiary on a family trust. Do I have a right to receive a copy?

    Answered almost 4 years ago.

    1. Jason C Hunter
    2. Randall J Holmgren
    3. Walter Chester Zaremba
    3 lawyer answers

    I can hardly imagine a situation where you would not have that right. Good luck. Randy Holmgren