Suing An Estate Executor For Misrepresentation In Utah
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A: The general time limit for contesting a Will is a few months, usually four after the beneficiaries of the estate have been notified that probate will soon commence.
Proving Executor Misconduct Pull the bank statements, transaction records, and communication logs. Let the evidence speak for itself. Beneficiaries or others involved in the probate process can provide detailed accounts of the executor's actions.
If you can prove to the court that the current executor is incompetent or is mishandling the affairs of the estate, the court will relieve that executor and choose a replacement. If the will names an alternate executor, that will likely be the court's choice.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
Unlike a company, a trust is not a separate legal entity, although it is treated as a separate entity when it comes to registering for tax. That means the trustee is liable for any of the trust's debts, which is why many people choose to have a company as trustee.
For instance, a trust generally cannot be sued, but a trustee can. Understanding when a lawsuit can be brought against a trust should be considered when creating an estate plan, a good reason to work with an experienced estate planning attorney.
Probate is required if: the estate includes real property (land, house, inium, mineral rights) of any value, and/or. the estate has assets (other than land, and not including cars) whose net worth is more than $100,000.
Section 75-7-1002 - Damages for breach of trust (1) A trustee who commits a breach of trust is liable to the beneficiaries affected for the greater of: (a) the amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or (b) the profit ...
(1) A trust is created only if: (a) the settlor has capacity to create a trust, which standard of capacity shall be the same as for a person to create a will; (b) the settlor indicates an intention to create the trust or a statute, judgment, or decree authorizes the creation of a trust; (c) the trust has a definite ...
Except as provided in Section 75-3-1201, to be effective to prove the transfer of any property or to nominate a personal representative, a will must be declared to be valid by an order of informal probate by the registrar, or an adjudication of probate by the court, except that a duly executed and unrevoked will which ...
