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Randall J Holmgren
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Randall Holmgren’s Answers

110 total


  • Can I still retrieve money from the trust since my mother passed away in April of 2016? even if he claims there is none/

    My father passed away in 2003. He left my brother as the trusty and me as secondary trusty. My mother just passed away in April of 2016. Am I still able to do any thing about the trust? He sold my home that I was to get in the will and had me evic...

    Randall’s Answer

    I think you're pretty close to Richfield. If I were you, I'd see if this attorney will meet with you (low cost or no cost) and help you sort this out. You haven't provided enough information for me to give you quality answers. Good luck.

    Richard Chamberlain
    (435) 896-4461
    225 N 100 E
    Richfield, UT 84701

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  • When does the affidavit of successor trustee become valid.

    I would like to know when the affidavit of successor trustee becomes valid. when it is signed or when it is recorded with the country recorder's office

    Randall’s Answer

    This type of document is usually used for two different purposes. 1. To put the public on notice that, where real estate is owned by a trust, one trustee has died and there is a successor trustee who is authorized to convey title to a third party. If that is what you're inquiring about, the affidavit needs to be recorded before it is going to be of any use or value. 2. To notify a financial institution that one trustee has died and there is a successor trustee who is authorized to make investment, make deposits, take withdrawals, etc. If that is what you're inquiring about, the affidavit needs to be delivered to the financial institution before it is going to be of any use or value. So, based on the info you've provided, I don't understand why it matters to you. Sorry. Provide more info, and I can give you a better answer.

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  • Who, who.. can I trust for QDRO

    22year marriage 5yrs divorce in court both lawyers skilled theives.. Who, who can I trust for QDRO????

    Randall’s Answer

    A trustworthy QDRO lawyer. Sorry you and the skilled thieves didn't work out for you.

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  • How do I prove I am an only child? What do I submit to my late mothers bank and debtors as proof of next of kin?

    My Mother passed away in Feb 2016 leaving no assets, but quite a lot of debt. She was divorced; had one child by her second husband (me); she had one brother, (to whom she did not speak); and was predeceased by both of her parents. ...I am also...

    Randall’s Answer

    Trying to read between the lines . . . that's one reason why a face to face consultation with a lawyer is far better than trying to do Q&A on the interent . . . but here we go. It seems that you're thinking that if your mother's cause of death turns out (on a death certificate) to be accidental, that she has an accidental death insurance policy or benefit, and you're wondering how you'd prove that you're the person entitled to the benefit. Right? If so, the answer is that you'd have to have a Probate Court provide a Court Order showing that you're your mother's only "heir" (that is, next of kin). The insurance company will likely not pay any money to anyone until it receives that Court Order. Hope that helps, and I hope I got to the real reason behind your question. I'm sorry about your mother's passing.

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  • Can u help me with any advice

    I'm the executor of my mom's estate, there is a will, she had no assets to speak of,the house is in my and my 2 brothers names. I live in the house for as long as I live,the will is simple ,no bank account's my mom was on ssi.do I need to file the...

    Randall’s Answer

    Step 1: When you say that the house is in the names of you and two brothers, is that as joint tenants with rights of survivorship or as tenants in common. Long term, that makes a big difference. When you say "I live in the house for as long as I live" and the brothers don't like you because you have that right, you ought to have that "right" validated by the Court within 3 years after your mother's passing. After 3 years, with no probate, the Will is no longer valid.

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  • Should the boat be sold and the money be gaved to his only surviving daughter

    My father passed away on February 17 2006. But before he died my stepmother and he divorced on December 10 2003. NO ONE knew I don't think. she stuck around . she put her name on the death certificate as surviving spouse. I have a copy of the dec...

    Randall’s Answer

    I agree with the other attorney; you may have waited too long. Unless the boat is a very expensive one (yacht), the legal fees you pay to make things right may not be worth the cost. Sorry.

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  • What kind of trust?

    My wife and I are planning a mediated uncontested divorce. She would like all our assets to be split including IRA's using a QDRO which I understand. She also wants to protect our 3 adult children (39,35 &24) so that they receive my half of asset...

    Randall’s Answer

    This is a common scenario as part of a divorce. You can create an irrevocable trust, for 1/2 of your assets, that basically says, "I have the right to be paid the income created by the trust assets, but the trust assets are "earmarked" for my children and I can't touch those assets during the remainder of my life." I'm not sure you would want it to be that STRICT (as pertaining to you), but that's the scenario I read in your question. The trust could be less STRICT (as pertaining to you) if your wife agrees. Bottom line answer to your question: irrevocable trust.

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  • How do I get the house signed to my brother and I.

    My father passed away, he left a living trust . But the executor of the estate is my sister in law. My father passed away in 6/14, he left his home to my brother and me. ( my brother had a stroke and can not speak well) she has not yet signed th...

    Randall’s Answer

    I'm sorry that you hired a lawyer who took your money and did nothing. You need one. There is a lot of information I would need to be able to tell you what your rights are and how to enforce them. Contact a lawyer who you can tell the whole story to. That's really the best advice I can give you.

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  • Am I next of kin? Do I need to hire an attorney? Do I have to allow my uncle access to her financial records?

    My aunt and I have been living at the same residence since 7/8/2014. Her spouse and only child are deceased. I have been providing care for my aunt and am responsible to make sure all the bills get paid, I took her to dr appts, cooked meals, helpe...

    Randall’s Answer

    • Selected as best answer

    It sounds to me like Aunt's next of kin is her brother. However, you have certainly acted more like next of kin. You can "petition" the Probate Court to be appointed as Aunt's "personal representative" and, in so doing, maintain control over her estate. The brother has legal priority, but that doesn't mean that a Probate Court Judge would side with him to be the Personal Representative instead of you.

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  • What can we do legally to get their dads things back? Is there anything we can do about his email or facebook account?

    My ex husband passed away recently. We had children together, one of them is an adult and the others are minors. He had quite a bit of his belongings at his girlfriends house. They didn't live together, own anything together, or have children t...

    Randall’s Answer

    Not all disputes over property, following someone's death, require an attorney to process a probate case, but in my estimation, this one will. And it may not be worth the money.

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