Aging parent currently has guardianship. Needs to be changed to another close relative.
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.See question
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?
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.lSee question
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...
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.See question
I was told by my older sister that our Father left us a trust fund, but according to my fathers wife she owns everything, now that he is dead. When I went home for his funeral I asked if there was going to be a reading of his will. She rudely said...
In my opinion, the answer to your question depends on how badly you want to see the will (or trust: you said that "Father left us a trust fund"). Either way, you are entitled to see your father's documents after his death. However, having the right to the documents and actually getting the documents are two separate things. If you actually want to get the documents, it may require you to file a lawsuit to get a Court to force father's wife (I assume she's not your mother) to provide you with a copy. Your question is worded in such a way that I am assuming she doesn't want you to see your father's documents. Good luck.See question
In a Uniform Probate Code (UPC) state (Arizona, Colorado, Utah, etc), how long does an INFORMAL probate typically take? With an experienced probate attorney assisting with the informal probate, how fast (theoretically) could the process be complet...
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.See question
Mom had living family trust, distributions have been made. Brother and I were left all her stocks and cash; her home was left to our kids. Home was sold 3 years ago. Mom lived at same address in SL County for 54 years. We filed COA for her wit...
If you want to get legal advice on the Internet, try to be more specific. You know what you're talking about, but the reader may be struggling to determine specific information from your written question. I've been involved in obtaining unclaimed property of various kinds, including stock. Sometimes a service such as LCS is a valuable resource, and sometimes you can do it yourself (if you know what you're doing). And sometimes you can get someone to help you who will charge you less than LCS.See question
I had asked my stepmom for a copy of the trust documents only to be told not to worry about it, that her son (executor of estate) has all the papers and when I asked him, he also stated "Don't worry about it that it's all fair and all is to be di...
Once the stepmom realizes that she is legally required to provide you with a copy, perhaps she will. If you can't convince her, maybe a letter to her from your attorney will. If that doesn't work, then a Judge will have to tell her. Using the courts is expensive, but if your suspicions are true, you may need to use the courts to "get to the bottom" of what's going on. I hope that helps you.See question
and is not paying his rent on the property which was owned by his mother who deceased and died without?t a will.
Without having more information, it sounds like the "Administrator" is neglecting or even purposefully avoiding his or her duties. When you ask "what happens", someone who is aware of what's going on needs to blow the whistle on the Administrator by contacting that person directly, getting other interested parties to join in contacting that person directly, or even bringing a lawsuit to force the Administrator to be accountable for what he or she is doing wrong.See question
During the lifetime of the surviving spouse, the Trustee shall make payments from the income and/or principal of the Share to or for the benefit of the surviving spouse, as the Trustee may deem necessary or desirable for his or her health, mainten...
It means several things. Perhaps you're most interested in "no principal invasion shall be made for the purpose of paying any costs or fees associated with residency in a long term health care facility. That clause was probably inserted for the purpose of aiding the surviving spouse in qualifying for Medicaid assistance for paying the costs of long term health care. In fact, that may have been the purpose behind the entire paragraph. If the surviving spouse has control over his/her access to trust assets, that can render the spouse ineligible for government assistance.See question
whats the best words to write a waiver of a living trust?
I don't know what you mean? If you are a beneficiary of a trust, and want to waive your rights, contact that Trustee of the trust and explain that you want to waive your rights.See question