Parklin Law Utah

How do I find out if an estate is in probate? Madison Assistant at  Parklin Law If you're wondering how to find out if an estate is in probate, the first thing to understand is what probate means. Probate is a court-related process that transfers the assets of a person who has passed away to their beneficiaries. It's not actually an estate; it's the courts that are handling the deceased person's assets and property. When you want to find out about an estate, you have two main options: Option 1:  Searching public records at your local courthouse. Option 2:  Contacting the probate court directly. If you'd like to do a simple search for an estate in probate, visit your local courthouse and search the records there. Depending on where you live, you may be able to access probate records online as well. A few things to keep in mind when researching this way: In many jurisdictions, only certain details of estates are available to the public. For example, you may not be abl...

Can executors and beneficiaries work together? Madison Assistant at  Parklin Law Executors and beneficiaries can work together, but they may have to come to an agreement on some things that the law won't require. The main issue between the two parties is what happens when the will or trust doesn't specify who has the final say over decisions. Most states give executors broad power over assets and decisions after someone's death, but it can be different for beneficiaries. Still, there are some cases where a beneficiary could get involved in the details of how a loved one's estate is handled. It's a bit of an unwritten rule that executors and beneficiaries don't work together to make sure that the will is fulfilled. It can cause some tension if the two parties start communicating too much because they both want to see the will carried out in their favor. When you find yourself in a situation where you're an executor and a beneficiary, it may seem like a good i...

Are there specific age requirements for witnesses of a will? Madison Assistant at  Parklin Law It depends on each state. Some states have no legal age requirements for witnesses. In fact, the witnesses can be people under 18 years old, or even minors if they have a parent or guardian present who is over 18 years old. However, there are many checks and balances that come into play when asking an underage person to be a witness. In most U.S. states, you must be at least 18 years old to be a witness on a will. However, if you are under the age of 18, it is possible for you to still be a witness on a will. For example, in California, anyone who is 14 or older can be a witness on a will. When deciding if an underage person can be your witness, there are many factors that come into account. The first thing that you need to determine is who is your beneficiary and who the other beneficiaries are. For example, if your family members are the beneficiaries of your will, then it should n...

What is a POA and what happens if it is not renewed? Madison Assistant at  Parklin Law When you reach a certain age, you'll need to think about how your estate will be handled after you die. A Power of Attorney (POA) is a written document that allows someone to handle administrative tasks for you while you're still alive. It becomes effective only if you become incapacitated, or "incapacitated." The POA authorizes the person named in it to act as your representative with regards to financial and medical decisions, and many states have laws surrounding who can be named in a POA. If the power of attorney is not renewed, you may have to go to court for an appointment of a temporary guardian and then for another appointment of a guardian that will continue permanently. You may also have to go to court to have your assets placed in the guardianship of an institution. The power of attorney is one of the most important documents for any individual. It is usually given to som...