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Randall J Holmgren

Randall Holmgren’s Answers

82 total


  • 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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  • Trust agreement

    Hi I'm Jamie Crosby I'm 23 years old and I have a question about my trusted agreement

    Randall’s Answer

    What is your question? When you type your question, several lawyers will be able to try to assist you.

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  • Is necessary to re-probate in order to fund a Trust given the circumstances explained below in UT?

    A Beneficiary of a Will was to receive 1/2 the decedents home. A Trust was to be created to hold this for the Beneficiary, which WAS, years later. When probated, Instead of using a Personal Representative’s Deed to convey the property to the Trust...

    Randall’s Answer

    If the quitclaim deed was created and delivered (to whom?) before the Trust was created, then it may be a "stray" deed, meaning that there was no Grantee of the Deed in existence when the Deed was created and delivered. The work around might be to ask a Judge in the Probate Court to respect the the intent (substance over form) and acknowledge the funding of the Trust, after its creation, by means of the Personal Representative's Deed. I know this answer sounds like a "let's pretend that something happened that really didn't", but as long as no one objects, a Judge might fashion that remedy or, perhaps, some other remedy that is more legally "sound" than this one.

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  • My grandmother put her house in a trust before passing away. I'm one of six beneficiaries. How are taxes handled?

    I have 2 questions: 1. Is my share of the proceeds from the sale of my grandmother's house treated as income for federal and state tax purposes? 2. With regard to capital gains taxes, is the tax basis the date of my grandmother's death? Or i...

    Randall’s Answer

    1. No.
    2. Yes, as long as it was a revocable living trust and no gift was made to the trust before grandmother died.

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  • How to sell a house in a Trust

    The house I live in is in a Trust left to me by my late father. I am the successor trustee. I want to sell, It is paid for , and I don't want any upfront costs to sell. Bottom line...quick cash sale

    Randall’s Answer

    Find a buyer, get a check from the buyer, and give the buyer a "Trustee's Deed" to the house. If the buyer wants title insurance, tell the buyer to buy the insurance. It can be that quick and that simple -- but rarely is.

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  • Would like to know what my rights are in reguards to my fathers will and trust. I have a half sister and not my fathers daughter

    I'am his only living child. How do I go aboutfor when he does pass she cant get nothing.

    Randall’s Answer

    Very difficult to understand what you are asking. Have you asked father if his will and trust includes half sister as a beneficiary. If he says "no" and you believe him, then your question is resolved, isn't it? Perhaps he will give you a copy of his will and trust. Do you have a good relationship with him? Those are starting points. If he won't or can't answer your questions, and he won't give you a copy of the will and trust, you'll have to wait until he passes. At that point, you can ask his successor trustee for a copy of the trust and you can ask his personal representative for a copy of his will. If your requests are not honored, then you can get an attorney to use the legal process to "compel" those persons to give you those documents.

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  • What are the steps to obtaining a full guardianship for a disabled adult in the state of Utah?

    Aging parent currently has guardianship. Needs to be changed to another close relative.

    Randall’s Answer

    Lawyers can provide better guidance if they have more information. With the info you've provided, I can only make assumptions. If you're the person who is to be the new guardian, of if that's someone other than you, the proposed guardian needs to file a "Petition" in the county where the parent lives requesting a change of guardian. There will need to be good reasons (aka "cause") for the change. If the current guardian does not want to be replaced, the case becomes more difficult, but not impossible.

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  • Do i need a real estate lawyer

    My parents had a will. My mom died in 1987. My dad remarried. He died in 2011. His wife says there is no will. I think she found it but since she is not in it she says there isnt one. Problem is the executor died before filing it. Now what?

    Randall’s Answer

    You might need an attorney (see below), but it won't be a Real Estate lawyer. First, contact the Probate Court of the County where your father was living when he died, then the County where your mother was living when she died. If there was a Will for either of them, there will be a copy in the Probate Court -- if the will was "probated." If there is no copy of either Will, you had rights to your father's estate per Utah's Intestate Succession statute; that is the "Will" for someone who dies without a Will. If your mom and dad had assets, such as a house, there's a possibility that your dad put the house into joint ownership with his new wife. If so, it's gone -- it's her house. Hopefully, for your sake, the house is still titled in his name. To find out, you can call the County Recorder's Office and they will tell you how the house is currently titled. Good luck. If you think your dad had some assets, like a house, this is worth (monetarily) looking into to find the truth. I think you will need the help of a probate and estate planning lawyer. Good luck.l

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

    My Father had an accident and was in hospital. My sister was given power of attorney to pay his bills for him. Unfortunately he died after surgery. My Mother is in the process of transferring all his accounts into her name but we just wanted to kn...

    Randall’s Answer

    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.

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