Legal Question in Wills and Trusts in Utah
Uncle lived in Hurricane, Utah until he died in Feb. 2009. In 2010 we as Trustees were told we still had to pay half of the mortgage payments to his widow that he would have paid if he were alive. Her legal counsel said there is statute in Utah that allows/requires this to occur until the mortgage was paid in full.
We can't find this particular statute. Can you find it?
1 Answer from Attorneys
The facts are not clear. If there is a trust as a part owner of the property, then the trust will need to pay its share of the mortgage. The widow, however, will have to pay something to the trust as rent. If the trust owns the property with the widow being given a life estate, the trust will have to pay the mortgage - if the trust has the assets to do so. I am not aware of any statute that would apply - there are not enough facts to know.
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