The Assistance You Need After Someone You Care About Dies
You may have been named an executor or personal representative for a family member or friend. Perhaps the estate of a loved one is being distributed, and you have concerns about the process or the will itself. Or, maybe you need help with the disbursement of trust assets. No matter what your estate administration need, it’s very likely our team at Quackenbush Legal, PLLC can help.
Ensuring An Accurate Distribution Of Assets
Just as every family is different, so too is every estate, every trust and every will. As an established team, we are skilled in many areas of estate planning and are sensitive to the frequently emotional nature of estate administration. We can:
- Provide personal legal guidance if you are an estate administrator or personal representative
- Pursue litigation if there is a dispute regarding a will or in the event that there is no will
- Administer a trust or represent an interested individual or the estate in trust litigation
As attorneys who are accomplished in estate planning law, we can also assist if an estate requires Utah probate.
Understanding The Utah Probate Process
Utah has two different tracks: a simple, informal probate process as well as a more difficult and litigated formal process.
Informal probate – In this process, the person who died has a will. The personal representative (PR) takes the will to court to get appointed and be given the authority to distribute the assets of the estate. Creditors will have 60 to 90 days to file a claim depending on how the notice was communicated. If no notice is given, creditors have a year to submit a claim. The entire informal process is usually done in about six months.
Formal probate – In this process, the validity of the will may be disputed. This means someone, typically a beneficiary, feels that there was undue influence/duress, that the person who made the will lacked testamentary capacity, or that the will was not properly witnessed and executed. A beneficiary or heir may believe they have been illegally excluded from the will, that there was a breach of fiduciary duty or that estate assets were plundered.
Grief can bring out many emotions in families. While we do explore resolutions to avoid a big family blowout that will create rifts, we also recognize when litigation is necessary to assert/protect our client’s interests. There are cases where the only feasible way to assert your rights to an asset or inheritance is to go to court with your claim. As a firm with extensive experience with matters pertaining to wills and estates, we can help.
Begin The Discussion With A Phone Call Or Email
We understand that you may have questions regarding estate asset distribution or the Utah probate process. Our attorneys are here to help ensure an accurate and ethical proceeding and result. Call 385-955-5901 and set up a consultation or connect with us via this contact form. Based in Murray, we help clients throughout Salt Lake City and the surrounding communities.