Can an executor who is also a beneficiary withhold or split my inheritance with other siblings if I don't do what she wants?
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Answered on October 11, 2019
No, not unless the will or trust directs her to do so. She can’t just arbitrarily make up how she wants to divide the estate. If there is a will or...
Difference between Warranty Deed and TOD deed when setting up trust?
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Answered on October 04, 2019
If you're setting up a trust, the TOD deed is not of much benefit. You want your trust to own your home now, so that if you become incapacitated,...
If I should sell my home and then need Medicaid before my 5 year window
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Answered on July 31, 2019
As was answered in your previous post, you cannot transfer the house to your granddaughter without penalty during the five years prior to making a...
What kind of deed do I need to avoid medicaid and or it's penalty?
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Answered on July 30, 2019
Unfortunately, there is no deed that will accomplish your stated goal. Any transfer for less than market value within five years of making a...
Archived
If a benifericary is named on bank account..and a personal representative is named and it's not the same person..there is no wil
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Answered on July 08, 2019
The presence of the beneficiary designation generally means that the account will not be part of the probate estate and not be subject to the...
Can i challenge a will that was drafted just two weeks before my dad died with him in rest home unable to care for self?
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Answered on July 02, 2019
One issue that needs to be addressed is the fact that you state your sister was named as a beneficiary on all of his bank accounts.
Accounts with...
Archived
Grantors five (5) sons named as trustees in real property trust.One son wants out and bought off. How can this best accomplished
James's answer
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Answered on June 04, 2019
Trustees are the managers of the trust administration process. I would assume that all five sons are also remainder beneficiaries under the trust...
Archived
Trust?
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Answered on May 21, 2019
The answer most likely depends on the terms of the trust. Any well written trust should specify what happens to his 30% interest if he predeceases...
In Utah, can a living trust hold real property as a joint tenant?
James's answer
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Answered on March 13, 2019
That is correct, a trust cannot own property as a joint tenant with any other person/entity.
Utah Code Ann. 57-1-5(1)(a) says:
(ii) Except as...
Archived
My son passed away a year ago dec. He was divorced and the exwife wanted to help with funeral arrangements as i lived 100 plus a
James's answer
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Answered on February 25, 2019
Utah code provides directions in Section 58-9-601 et seq. for funeral home administrators as to who has the right of priority to make funeral...
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