Hey y’all, I’m hoping to get some insight on mine and my boyfriends situation. His dad recently passed and named him (and only him) as the beneficiary on the life insurance policy. Also my bf was the primary POA for both medical and estate matters. Long story short, there’s been a major falling out between my bf and his two brothers regarding the life insurance payout and the mobile home his dad owned before he became ill.
We started renovating the mobile home almost two years ago in the hopes of selling but later decided to move in for the time being to save money and curb the costs of renovating as it just made the most sense at the time. When his dad’s illness took a turn for the worse a few months ago we decided to put the mobile home in our name to protect our investment and ease the process of transferring everything over.
Since his dads passing my bf was waiting to get advise on whether or not he would have to pay taxes on the payout since it was an employer provided policy. However he had every intention to pay his brothers out DESPITE the fact that they are not named in the policy or the will.
Well yesterday we came home and saw a USPS note saying we missed a parcel that my bf will have to sign for from a law firm that specializes in probate cases. My question is, do they even have a case for probate?? The mobile home is in our name, the policy only lists my bf, and the holographic will (legal in Utah as far as I know) leaves everything to my bf as well.
Location: Utah
Comments
> primary POA for both medical and estate matters
POA doesn’t apply to an estate. POA ends upon death, the estate is created upon death.
> dad’s illness took a turn for the worse… we decided to put the mobile home in our name
You can’t just do that—did the dad agree, was he completely of sound mind?
> My question is, do they even have a case for probate?
How can anyone here know? If they are saying that dad wasn’t well enough to sign over him home, then sure, they can do that. There may be other things.
Yes, they can apply for probate or to treat the father as intestate. They can argue the holographic will is invalid, and that the transfer of the property and beneficiary designation were procured by your boyfriend’s undue influence.
If your boyfriend put the trailer in your name as POA, that’s arguably a breach of his fiduciary duty to act in the best interest of his father, not himself.
If that’s what they’re doing, this will be expensive and nasty.