Salt Lake City Estate Planning Attorney.
The answer will depend somewhat on how your assets are titled and on your marital situation. If you own everything jointly and he dies first, you will remain the sole owner of all your joint assets. However, if you have separate bank accounts, investment accounts or real property, then other factors will come into play. If he has descendants from another relationship and dies with property titled solely in his name, you will receive the first $75,000 in value and 1/2 of the remainder of the...
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The Utah Code sets forth the priority for persons who are asking to be appointed as personal representative of a deceased person's estate. As your husband's current spouse at the time of his passing, you would usually have priority over the ex-spouse, unless he had a valid will nominating her as the personal representative and this will had been executed after their divorce. However, this unfortunately does not prevent her from attempting to contest your appointment. Without any further...
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First of all, does the POA even authorize you to make gifts? If that power is not expressly granted by its terms, Utah Code Ann. 75-5-503 precludes you from making gifts of the grantor's property. Even if the POA does grant the power, that does not mean your brother would be successful in an action to remove you. It sounds like you're acting appropriately and in your father's interest, so absent some other factor, I don't imagine a court would be inclined to remove you. Unfortunately, there...
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If the money is from payments made after your sister's death, the bank is correct. It must be repaid to Social Security, even if your mother's name was on title to this account.
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The value of a vehicle used for medical visits or for employment does not count for Medicaid qualification. For all other vehicles, the equity value of each vehicle counts as a resource. The problem with your question is that you want to title the car in your name. This would be considered a gift to you that could result in her disqualification from Medicaid benefits.
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There are a few options would could discuss with you, including the option of charitable remainder trust planning. This option works quite well with highly appreciated assets, like the stock you describe. It would be important to assess your entire situation to adequately advise you on the best approach to take. We're located just off the I-80 freeway, so we're especially accessible for you where you're located in the Park City area. Please feel free to check out our profile and give us a call.
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The biggest problem that I find with clients that have gone this route is that they have only filed Articles of Organization with the Utah Department of Commerce, but the don't have an operating agreement or anything else necessary to maintain the liability protection they seek. For example, in the last year, I've had two clients come to me who had used non-attorney sources for setting up an LLC and neither client had conveyed their real property into the LLC (and one was set up by a CPA!),...
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I'm sorry for your loss. You may need to provide some clarification to answer your question completely. It sounds like you're saying that the stepchild claims to have been named as the pay-on-death beneficiary of his step-father's accounts. If that is correct, there may not have been a probate, especially if your husband did not own any real property. If he only had accounts with POD designations, no probate would have been necessary, as those accounts transfer to the named beneficiary as...
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One additional thing that you could probably do is to file a demand for notice with the court having jurisdiction over your father's place of residence. If all your father had was a will distributing his assets and there are probatable assets such as real property or significant cash accounts that are not subject to beneficiary designations, then a probate will likely necessary to transfer those assets from him to you and your sister. The probate will have to be conducted where he resided or...
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While the trust document is meant to be private, Utah law (Utah Code Annotated 75-7-811) specifically requires the trustee to keep the beneficiary reasonably informed about the administration of the trust and of the material facts necessary for the beneficiary to protect his/her interests. The trustee is also required to promptly respond to a beneficiary's request for information related to the administration of the trust. In addition, the trustee is required to provide the beneficiary with a...
