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Facts about Probate you need to know

Probate is the legal process through which a deceased person's estate is properly distributed to heirs and designated beneficiaries and any debt owed to creditors is paid off. In general, probate property is distributed according to the decedent's last will and testament, if there is one, or according to state law if no will exists. The inner workings and process of going through probate can be difficult. The Attorneys at Robinson, Seiler & Anderson Law Firm in Provo, Utah can help you to get through the process of probate. Below are some facts you need to know about probate to help you in the future.


What is Probate?

Probate is the court process of changing the title on assets owned by a deceased person. If a person owns bank accounts, investment accounts, real estate, or other assets in his or her individual name at the time of death, no one will be able to gain access to those assets until the court has appointed a Personal Representative (formerly called executor). The Personal Representative will be able to go to the bank or other financial institution where the assets are located with the court appointment in hand, and change the name on the account from the deceased person’s name to the name of the estate.  Once that is done, the Personal Representative as the legal representative of the estate, will have access to the account and can sell investments, pay bills, make distributions, etc.


Not Everything Needs to be Probated

There are a few instances that assets won’t need to probated. For example if a husband and wife have a joint bank account and the husband dies, the joint bank account belongs automatically and entirely to the wife.  She does not need to probate the account in order to get access to it.  Similarly, if a deceased husband left an IRA, 401K plan, life insurance policy, or annuity of which the wife is named as the beneficiary, she does not need to go to probate court to gain access to those assets. If you are not listed as a beneficiary or are on the account then you will need to go through the probate process.


Probate takes Time and Money

The reality is that it usually takes the courts several months to process even the most routine probate filing.  During that time period, no one has access to the probate assets.  That can mean expenses such as the mortgage payment, real estate taxes, and the funeral bill are not paid for months.  Court filing fees and legal fees to prepare the file probate documents and advise the Personal Representative can be significant.


For help in navigating the probate process and even possibly avoiding it in the future you will want to seek the help of the attorneys at Robinson, Seiler & Anderson Law Firm in Provo, Utah. We can help you to get your assets and final wishes in order.

Your Rights in a Home Owners Association


HOA’s or Home Owners Associations can have its upsides and its downsides. It all depends on your personal preference of neighborhood and the rules you have to adhere to. We at Robinson, Seiler & Anderson Law Firm in Provo, Utah can help you with any issues that may arise when living in a HOA. Listed below are your rights as a home owner in a HOA neighborhood.


 ·         Homeowners deserve to be informed of their voting eligibility if they do not qualify to vote per the governing documents before a vote is held.



·          Homeowners deserve a response to an inquiry, unless of course the inquiry is ludicrous or threatening, or the demand(s) are intended to harass.



·         Homeowners deserve a reasonable opportunity to vote in importantelections or to appoint another to vote on their behalf.


·         Homeowners should expect that HOA financial and other records will be kept in a routine manner for reasonably easy access.


·         Homeowners should get a timely notice and a fair opportunity to be heard if the HOA intends to take disciplinary action against them.


·         Homeowners should get a timely notice and a fair opportunity to be heard if the HOA intends to take disciplinary action against them.


Every HOA varies by state and location. We always advise you to obtain your rights when you move into an HOA. If you feel like your rights have not be adhered to the lawyers at Robinson, Seiler & Anderson Law Firm in Provo, Utah can help. We have experience when dealing with Home Owners Associations and are well versed in the rights that are available to you.


View Our Testimonials Announcement

Norman H. Jackson, Utah Court of Appeals Judge, Retired, has joined the law firm of Robinson, Seiler & Anderson, LC, effective April 2017.  Judge Jackson was one of the seven founding Judges of the Utah Court of Appeals and served terms as Presiding and Associate Presiding Judge.
Judge Jackson was the senior attorney in a Richfield law firm for eighteen years.  The firm engaged in legal, business and tax cases, including practice before State and Federal Courts, U.S. Board of Land Appeals, Utah Public Service Commission and Arizona Corporation Commission.  Clients included counties, cities, banks department stores, communications and credit associations, irrigation companies, auto dealers, building supply stores, farmers, ranchers and small businesses. They took “every type of case that came through the door,” from criminal defense work to a patent royalty dispute for the inventor of the Frisbee. Judge Jackson has been a lifetime rancher doing business in Utah as Jackson Cattle Company and Arizona as EJ Cattle Ranches.
Judge Jackson’s professional service includes terms on the Utah State Bar Commission, Bar Foundation (President and Vice President), Air Travel Commission, and Utah Information Technology Commission.  He served on the Judiciary’s Alternate Dispute Resolution Committee for thirteen years and initiated and supervised the Appellate Court Mediation Office.  He developed and advanced a realistic and workable framework for both of Utah’s Appellate Courts to use in reviewing trial court and administrative agency decisions.  He published three editions of Utah Standards of Appellate Review while participating in more than 2,000 appellate court decisions.  
Judge Jackson’s experience will complement the other outstanding lawyers at Robinson, Seiler & Anderson, LC.  The firm will continue its representation of injured individuals, as well as clients in real estate, business, estate planning, tax, contract and education matters.

Meet Our Attorneys


Office: 801-375-1920

Fax: 801-377-9405

2500 North University Avenue
Provo, UT 84604

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