Probate is a legal process that occurs after a person passes away, in which their estate is managed and distributed according to their will or state law. This process can involve: the court verifying the validity of the deceased's will; identifying and inventorying their assets; settling any outstanding debts or taxes; and distributing the remaining property to the designated beneficiaries.
Probate can be a lengthy and complex process, especially in domestic violence homicide cases. Utah Homicide Survivors attorneys are experts.
Collecting life insurance and other insurance policies after the policyholder passes away is very time consuming and complex. It's important to keep in mind that some policies may have specific exclusions or requirements that could impact the payout, so it's crucial to review the policy carefully.
In the case of domestic violence homicides, the killer is not allowed to collect on the life insurance or any other estate assets. However, this can only be stopped through court processes. UHS attorneys were part of the legislative process writing Utah's "Slayer Statute" and know how to prevent killers from profiting from murder.
Survivors benefits are a type of financial support provided by the government to family members of a deceased individual. These benefits can help eligible survivors cover expenses such as living costs, funeral expenses, and other related expenses. Eligible survivors may include a widow or widower, a divorced spouse, a dependent child, or a disabled child.
The amount of survivors benefits received will depend on various factors. Survivors benefits can be complex, dealing with this process after a losing a loved one to homicide can be difficult. UHS staff understand what a time consuming and emotional process this is and can help you receive this benefits so you can focus on healing.
Victims compensation is a type of financial assistance provided to individuals who have been victims of a crime, such as assault, robbery, homicide, or domestic violence. This compensation can help cover various expenses, including medical bills, counseling fees, lost wages, and funeral expenses, that are a result of the crime.
Victims compensation programs can be a valuable resource for those who have been impacted by a crime, UHS staff provide assistance in understanding and accessing these programs.
Disinheritance of the killer under the slayer statute refers to the process of legally preventing someone who has been found guilty of causing the death of another person from receiving any inheritance or benefits from the victim's estate.
The slayer statute, also known as the "slayer rule," is a legal principle that disqualifies individuals who have unlawfully caused the death of another person from inheriting or receiving any benefits from the deceased's estate.
If the killer is an heir of the deceased's estate, the slayer statute prevents them or their estate from receiving any inheritance or benefits. The slayer statute could apply regardless of whether the killer was convicted of the crime or not. UHS specializes in the slayer statute and helped write Utah's current slayer statute, which is one of the strongest in the nation.
Guardianship of a minor after the death of a parent for a child whose parent or parents have passed away. The guardian is responsible for the child's physical and emotional wellbeing, including providing for their basic needs and making decisions about their education, healthcare, and other important aspects of their life.
If the deceased parent had named a guardian in their will, that person would typically be appointed by the court. If there is no named guardian, the court will consider various factors, including the child's best interests and the capacity of potential guardians, in making a decision about who to appoint.
Guardianship can be a complex process, UHS will help families after a homicide to ensure that the child's rights and interests are protected.
Conservatorship of a minor after the death of a parent to manage the assets and property of a child whose parent or parents have passed away. The conservator is responsible for managing the child's finances and making decisions about their property until they reach the age of majority.
If the deceased parent had named a conservator in their will, that person would typically be appointed by the court. If there is no named conservator, the court will consider various factors, including the child's best interests and the capacity of potential conservators, in making a decision about who to appoint. Conservatorship can be a complex process, UHS will help families after a homicide to ensure that the child's rights and interests are protected.
Divorce after a spouse kills their child can be a complex and emotional process. The decision to divorce can be difficult, but in cases where a spouse has committed such a heinous act, it may be the best course of action to ensure the safety and well-being of any remaining family members.
The legal process of divorce can involve many factors, including the division of assets, spousal support, and child custody. In cases where a spouse has killed their child, the surviving spouse may need to consider seeking sole custody of any remaining children and taking steps to protect themselves from the potential danger posed by their former partner. UHS only handles divorce and custody cases when a homicide has occurred, but can provide many recommendations to those seeking a divorce in any other circumstance.
Custody issues of a minor after the death of a parent can be complex and emotional. When a parent passes away, the surviving parent typically assumes full custody of the child. However, if the surviving parent is unable or unwilling to care for the child, other family members or close friends may seek custody through the court system. The court will consider various factors, including the child's best interests and the capacity of potential custodians, in making a decision about who to grant custody to.
Custody issues can be further complicated if there is a dispute between potential custodians or if the deceased parent had named a guardian or conservator in their will. UHS will help families after a homicide to ensure that the child's rights and interests are protected. UHS only handles divorce and custody cases when a homicide has occurred, but can provide many recommendations to those seeking a divorce in any other circumstance.
Termination of parental rights after one parent kills the other parent can be a complex and emotional process. In cases where one parent has killed the other, the surviving parent may wish to seek termination of the perpetrator's parental rights to ensure the safety and well-being of any children involved. The legal process of termination of parental rights can involve many factors, including evidence of abuse, neglect, or endangerment of the child.
The court will consider the best interests of the child when making a decision about termination of parental rights. UHS will help families after a homicide to ensure that the child's rights and interests are protected.
Landlord-tenant issues after the death of a loved one can be challenging to navigate. If the deceased loved one was the tenant, the landlord may need to take legal action to regain possession of the rental property. In some cases, the deceased person's estate may be responsible for fulfilling the terms of the lease agreement until it expires or is terminated.
If the deceased person was the landlord, their estate may be responsible for fulfilling the terms of any existing lease agreements and managing the rental property. Communication with the landlord or tenant, as well as a thorough understanding of lease agreements and state and local laws, can also help to avoid potential conflicts and ease the transition during this difficult time.
Presumptive death in Utah refers to the legal process of declaring a missing person dead when there is sufficient evidence to presume that they have died. Utah law provides for a process by which a person can petition the court to declare a missing person dead after they have been missing for a certain period of time, typically five years, but can be sooner depending on evidentiary factors.
The court will consider various factors, including the circumstances of the disappearance, efforts to locate the missing person, and any other relevant evidence, in making a decision about whether to declare the person dead. Once a person has been declared presumptively dead, their estate can be administered and their assets distributed according to their will or the laws of intestacy. In many cases, access to this information can help in a "cold case" situation. UHS, in conjunction with the Cold Case Coalition, helps families whose loved ones have been missing get some of the closure they may need.
Recovery of property from police custody after the homicide of a loved one can be a difficult process. When a homicide occurs, the police may take possession of any property that is relevant to the investigation, including the victim's personal belongings. Once the investigation is complete, the police may release the property to the next of kin or other legal representative of the deceased.
However, the release of property may be delayed if it is needed as evidence in ongoing legal proceedings. It's important to communicate with the investigating officers and stay informed about the status of the investigation and the release of property. UHS helps families of homicide victims to ensure that your rights are protected and the property is returned in a timely manner.
Wrongful death actions after the homicide of a loved one refer to the legal process of seeking compensation for the loss of a loved one due to the actions of another party. In cases of homicide, a wrongful death action may be pursued against the person who committed the crime or any other party who may be deemed responsible for the death, such as a property owner or employer who failed to provide adequate security or safety measures.
The purpose of a wrongful death action is to provide compensation to the surviving family members for the financial and emotional damages they have suffered as a result of the loss of their loved one. UHS helps families of homicide victims to ensure that your rights are protected and all legal requirements are met throughout the process.
* Depending on capacity Utah Homicide Survivors also represents victims in wrongful death and other personal injury actions on a contingency fee rate, which means the families pay nothing unless money is collected. Utah Homicide Survivors will take wrongful death and other personal injury actions regardless of collectability based on capacity. We may bring in outside counsel on certain cases. Please reach out to us to discuss a wrongful death or other personal injury cases.