Randall J Holmgren’s Answers

Randall J Holmgren

Salt Lake City Trusts Attorney.

Contributor Level 9
  1. Ex ordered to pay on 4 kids. 2 now live with him, I allowed that. Is he required to pay on the 2 living with me or is it even?

    Answered about 4 years ago.

    1. Randall J Holmgren
    1 lawyer answer

    I know this isn't the answer you want to hear, but the answer is "it depends on what the court says." Whenever you and your ex make a "deal" outside of the legal system, you're really "on your own" as to how that deal is affected by your Divorce Decree or vice versa. Technically, I think he still owes you for all 4 children (because that's what the Divorce Decree says), but in all fairness, he's supporting 2 of them (albeit without the approval of the Court). If you were in Court, there...

  2. How do I get temporary guardianship of a minor?

    Answered 5 months ago.

    1. John Arnold Steakley
    2. Robert M. Gardner Jr.
    3. Adrian Kaspar Pritchett
    4. Randall J Holmgren
    4 lawyer answers

    The form, alone, is not enough. Only the Courts can create a legal guardianship. Whether you try to use some do-it-yourself form (to submit to the Court) or whether you hire a lawyer to help you, only the Court can create the guardianship. It may or may not be relatively simple and inexpensive in GA but, again, the Court creates the guardianship. Your sister (if she's of legal age and competency) could sign some type of form or letter or piece of paper saying that "You are the guardian of...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  3. Can a trustee who is also a beneficiary of a trust give everything to himself?

    Answered 4 months ago.

    1. Ricky J. Nelson
    2. Orsen E. Paxton III
    3. Leigh Hilton
    4. Randall J Holmgren
    4 lawyer answers

    No one can accurately ask these questions until you show them a copy of the Trust. There is a 90% change (approx) that the provisions in the Trust document will answer your questions.

    1 lawyer agreed with this answer

  4. How can I protect my assets and house from judgment or Med-cal cost? I wish to protect them for my daughter.

    Answered 5 months ago.

    1. Gregory Andrew Broiles
    2. Joshua Y. Lee
    3. Kevin Arnold Spainhour
    4. Lisa Jane Espada
    5. Randall J Holmgren
    5 lawyer answers

    If you're in Southern CA, call Dennis Sandoval (attorney). He is the best there is.

    1 lawyer agreed with this answer

  5. Will my estate owe estate tax when I die if I am worth less than $3 million when I die?

    Answered 5 months ago.

    1. Christopher Daniel Leroi
    2. Robert Phillip Odle
    3. David M. Rich
    4. Mark Zaynard
    5. Randall J Holmgren
    6. ···
    6 lawyer answers

    If you leave the house to your children through your will, the will WILL have to be probated in CO to determine if it is valid. A revocable "living trust" can create a probate bypass if it is done correctly. The value of your estate that can pass tax free to your children depends upon how much, if any, of the lifetime esate-tax exemption you use (before you die) by gifting to children (or other people) in excess of the annual gift-tax exemption. You may not know what that means, but a good...

    1 lawyer agreed with this answer

  6. If my parents purchased cemetery plots for me and my siblings who don't get along, will they be chosen first come, first served?

    Answered 5 months ago.

    1. Stephen John Reichert
    2. Randall J Holmgren
    2 lawyer answers

    The funeral home gave you the correct answer. Even if you die first, the siblings may tell the cemetery to not put you in the space purchased by your parents. If these is REALLY important to you, you need to consult a local attorney in Arkansas who will tell you how to get one of the plots titled to you.

    1 person marked this answer as helpful

  7. Will's, inheritance, right of survivorship...

    Answered over 4 years ago.

    1. Sarah E. Adams
    2. Edward H Adamsky
    3. Randall J Holmgren
    3 lawyer answers

    If you don't have a will, your house is part of your children's inheritance under state law. If you don't want the house sold, then create a Will that says so. A trust would actually work better for this purpose. The right of survivorship would protect the house from being sold on the death of the first of two co-owners, but on the death of the surviving owner, see above.

    1 person marked this answer as helpful

  8. The executor is not doing what will says.what to do no money for lawyer

    Answered over 4 years ago.

    1. Randall J Holmgren
    1 lawyer answer

    Even though you have no money for a lawyer, you need one if the estate has significant estate value (e.g., $30,000+) and you believe you are a beneficiary or heir. Many attorneys will help you (for no money up front) if they believe there is value in the estate and you are entitled to it. You can pay them on the back end of the case.

    1 person marked this answer as helpful

  9. Can one successfully challenge an irrevokable trust?

    Answered over 4 years ago.

    1. Randall J Holmgren
    2. Jeramie J. Fortenberry
    2 lawyer answers

    Whether the provisions of a trust seem fair or un-fair isn't the reason why the trust can been challenged (aka contested, aka ruled as invalid). If your grandfather's 2nd wife legitimately owned the assets that passed from grandfather to her, she is free to do whatever she wants to do with the assets regardless of your relationship to her. If you can get a copy of the trust, show it to an attorney about whether it can be successfully contested. If you can't get a copy of the trust, ask an...

    1 person marked this answer as helpful

  10. I believe my children have been named in their grandmothers trust. How can I get a copy of the trust?

    Answered 4 months ago.

    1. Martin John Fogarty
    2. Andrew Ross Smith
    3. Gerard William O'Brien
    4. Ivette M Santaella
    5. Randall J Holmgren
    5 lawyer answers

    This is a common scenario -- that beneficiaries feel like they are being "shut out". Here are the best things you can do in order of cost. Contact the trustee again and politely request a copy of the trust. If that doesn't work, pay a small amount of money to a trust attorney to write a letter to the trustee and request a copy of the trust. If that doesn't work, ask the attorney about filing a legal claim against the trustee to get a copy of the trust. Good luck.