How to Determine Which Tasks Are Covered Under an Initial Probate Representation Agreement in Utah
Detailed Answer Under Utah law, attorneys must set the scope of probate work in a written engagement or retainer agreement. See Utah Rules of Professional Conduct Rule 1.2 (Objectives and Scope of Representation) and Rule 1.5 (Fees). You can review these rules at Utah Rules of Professional Conduct. When you sign an initial probate representation […]
Read article →May I Petition a Utah Court to Remove an Estate Administrator Who Refuses to Fulfill Their Duties?
Detailed Answer If an estate administrator in Utah refuses to perform required duties, Utah law allows interested parties to petition the probate court for removal. Under Utah Code §75-3-707, the court may remove a personal representative (often called an estate administrator) for neglect, misconduct, or failure to follow court orders. Who May Petition? Heirs and […]
Read article →How can I request an extension for filing a final accounting in probate in Utah?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Utah law, a personal representative must file a final accounting in a probate case. Utah Code Ann. § 75-3-801 requires the representative to present a complete record of all receipts, disbursements, distributions, and the estate’s remaining assets. If […]
Read article →Do I need to open an estate to pursue a wrongful death claim in Utah?
Understanding Utah’s Wrongful Death Statute and Estate Requirements Detailed Answer Under Utah law, only a decedent’s personal representative may bring a wrongful death action, including one arising from a car accident. Utah Code §78B-3-106 states that “an action for wrongful death shall be brought by the personal representative of the decedent.” To obtain that status, […]
Read article →How Do I Distribute Wrongful Death Proceeds to Rightful Heirs in Utah?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Understanding Utah’s Wrongful Death Statute Utah’s Wrongful Death Act (Utah Code Title 78B, Chapter 3, Part 1) governs who may recover damages when a loved one dies due to another’s wrongful act or negligence. A personal representative brings the claim, then […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in Utah
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific circumstances. Detailed Answer When a Medicaid recipient’s estate passes to heirs in Utah, the Division of Medicaid may file a claim against that estate to recover benefits paid. You can obtain and review […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in Utah
Detailed Answer When a Utah resident inherits or gains rights to a decedent's corporate interest, the first step is to collect all formation documents, including articles of incorporation and bylaws. These documents outline the corporation's structure, governance rules, and share transfer procedures. 1. Identify the Decedent’s Corporate Position Determine whether the decedent held common or […]
Read article →What is the process for petitioning a Utah court to remove a personal representative for mishandling estate assets?
Process for Petitioning to Remove a Personal Representative in Utah Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed attorney before taking action. Detailed Answer Under Utah law, interested parties may petition the probate court to remove a personal representative (PR) who mishandles estate assets. Utah Code […]
Read article →How can an interested party open probate for a decedent’s estate in Utah?
Disclaimer: This article is for general information only and does not constitute legal advice. Detailed Answer In Utah, an interested party—such as a surviving spouse, heir, or creditor—can open probate by filing a petition with the district court in the county where the decedent lived. Follow these key steps: Determine the type of probate. Utah […]
Read article →What Information and Duties Must a Personal Representative Provide to Heirs in Utah?
When someone passes away in Utah, the personal representative must keep heirs informed. This section explains what information and duties the representative must provide under Utah law. Detailed Answer Notice of Appointment and Administration After court appointment, the personal representative must notify heirs and other interested persons of their authority to act on behalf of […]
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