William Tyler Melling

William Tyler Melling

Estate Planning Attorney at Melling Estate Planning Solutions
  • Estate Planning, Business Law, Probate...
  • Utah
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Summary

Melling Law is an Estate & Business law firm located in Cedar City, Utah. We focus on estate planning, probate, and business transactional legal issues such as living trusts, special needs trusts, wills, powers of attorney, healthcare directives, buy-sell agreements, articles of incorporation, LLC formation, operating agreements, corporate bylaws, and annual business recordkeeping and minutes.

Practice Areas
  • Estate Planning
  • Business Law
  • Probate
  • Elder Law
  • Tax Law
Fees
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
Utah
Languages
  • Czech: Spoken, Written
  • Slovak: Spoken, Written
Professional Experience
Adjunct Instructor
Southern Utah University
- Current
Teaching Legal Ethics and Professionalism for the Fall 2015 term and Law Office Management for the Spring 2016 term.
Owner
Melling Estate Planning Solutions
- Current
Education
University of Iowa
J.D. (2015) | Law
-
Honors: High Service Honors
Activities: J. Reuben Clark Law Society
Southern Utah University
B.A. (2012) | Economics, Music Performance Minor
Honors: Magna Cum Laude
Activities: Opus Chamber Choir, Opera, Concert Choir
Awards
Ambassador Spirit Award
Cedar City Area Chamber of Commerce
Professional Associations
Cedar City Area Chamber of Commerce
Board Member
- Current
Orchestra of Southern Utah
Board Member
- Current
Utah State Bar # 15420
Member
- Current
Activities: Probate and Estate Planning Section; Young Lawyers Division
Publications
Articles & Publications
Growing a New or Existing Practice
Utah State Bar Association Young Lawyers Division
The Utah Uniform Probate Code: A Quick-Reference Guide for Practitioners and Students
Melling Law, P.C.
Speaking Engagements
Starting a Law Practice in Utah, New Lawyer Training Program, Utah State Bar Offices
Utah State Bar
Estate Planning Basics, Iron County Caregiver Support Group September Meeting, Brookdale Cedar City
Iron County Caregiver Support Group
Estate Planning Basics, Iron County Elder Care Network August Meeting, Brookdale Cedar City
Iron County Elder Care Network
What I Wish I Knew 6 Months Ago: Starting a Utah Law Practice, Utah State Bar New Lawyer Training Program Law Practice Management Seminar, Utah State Bar Offices
Utah State Bar
Websites & Blogs
Website
Melling Law, P.C.
Videos
Surviving Spouse Rights in Utah Probate

This 9-minute video talks about the rights of surviving spouses in Utah, and how they can affect your estate plan. These rights include the spousal elective share, and the right...

Which Type of Utah Trust Should I Choose?

This 10-minute video explains many trust misconceptions in Utah, what types of trusts are available to Utahns, and what kinds of trusts are appropriate in different situations. The trust types...

4 Estate Planning Rules You Need to Follow in a 2nd Marriage

This 9-minute video explains 4 of the most important rules you need to keep in estate planning for a second marriage. We discuss prenuptial agreements, voidable Wills, spousal elective shares,...

4 Key Factors to Consider in Estate Planning for Minor Children

This 8-minute resource covers the 4 key factors that every parent or grandparent should consider in estate planning for minor children. We discuss daily care and guardianship, managing the child's...

Utah Estate Planning Basics

Find out more on our website: http://mellinglaw.com Request a free consultation: http://mellinglaw.com/consultation/ Check out our blog: http://mellinglaw.com/updates/ Like us on Facebook: http://www.facebook.com/mellinglaw Utah Advance Health Care Directive Form Tutorial: http://www.youtube.com/watch?v=PM2z0h4OZ-Y What Every Utahn Needs to...

What Every Utahn Needs to Know About Power of Attorney Documents

Find out more on our website: http://mellinglaw.com Request a free consultation: http://mellinglaw.com/consultation/ Check out our blog: http://mellinglaw.com/updates/ Like us on Facebook: http://www.facebook.com/mellinglaw Utah Advance Health Care Directive Form Tutorial: http://www.youtube.com/watch?v=PM2z0h4OZ-Y This video contains a quick...

Utah Advance Health Care Directive Form

Find out more on our website: http://mellinglaw.com Request a free consultation: http://mellinglaw.com/consultation/ Check out our blog: http://mellinglaw.com/updates/ Like us on Facebook: http://www.facebook.com/mellinglaw Utah Financial Power of Attorney Information: http://www.youtube.com/watch?v=Ko8qdaIhipI This video contains a quick 9-minute...

Legal Answers
16 Questions Answered

Q. Q: My dad passed away and had family heirlooms that were left on his property. Now my aunt thinks they should go to her.
A: Assuming all of your father's children are also children of your mother, then the heirlooms are hers unless there is some other Will or instrument governing their ownership. Even if your father had children that weren't your mother's children, it would be divided between your mother and those other children, not to your father's siblings.
Q. How do you administer a small estate?
A: Usually, if the estate is exempt from probate (no real estate and value under $100k), then you should not need to have a personal representative appointed through the courts. Whoever is the designated personal representative in the decedent's Will (or, if none, the closest living relative) may administer the estate accounts using a small estate affidavit. You can find that form and other information at https://www.utcourts.gov/howto/smallestates/.
Q. Fathers will states his house to be left to my sister. if rented or sold money split between his children. she says No.
A: I'm sorry for your loss. Much depends on the wording of the Will. Many properly-drafted Wills would contain language allowing your sister to occupy the home during her lifetime, but that the home be held in a Trust instead of in her name to avoid these types of problems. Even so, it is arguable that, as part of the probate process, she would be required to set up such a Trust. I would suggest contacting an estate planning attorney in your area to help you through the probate process and ensure that it is structured in a way that honors his Will as required by law.
Q. question on my great grandmother's will.
A: Generally, a Will is only effective for 3 years after death. After that point, a determination of heirs proceeding will be used instead of a probate proceeding. Either way, it appears to be the same distribution in this situation. When someone passes away without a Will in Utah, their estate is distributed to their descendants per capita. This Wikipedia article does a good job of explaining what that means using pictures: https://en.wikipedia.org/wiki/Per_stirpes I hope this helps.
Q. My mother passed away 18 years ago. I was supposed to receive my trust money when I turned 33. I’m now 46 and haven’t.
A: This really depends on a lot of different factors. If the funds had vested to you (meaning they are not contingent on someone else like your father passing away), then the Trustee is responsible for those funds and was responsible for their appropriate investment. I would suggest contacting an attorney in your area to review the Trust and contact the Trustee regarding any remaining funds. That attorney would be able to advise you as to your rights based on the Trust document and any Trustee liability for mismanagement of funds. I hope this helps. Best of luck to you.
Q. If a mom passes away and has a will for her kids to go to family will the courts go from her will. Or will dad?
A: It depends. Ultimately, child custody is determined by a judge. However, the nomination of someone in a deceased person's Will is taken into account. When another parent is still living, the children will usually go with that parent. Finances, on the other hand, are 100% determined by the person's Will. If a Will leaves funds to children in Trust and appoints a Trustee, then that Trustee has control over the funds, and not the other parent. I hope this helps.
Q. Do I need to go through probate to sell my home after my husband's death
A: I'm sorry for your loss. Probate is probably unavailable at this time, due to the length of time since his passing. Instead, you will need to obtain an order determining heirs. Most probate attorneys in the county where he passed would be qualified to help you with that process. One potential problem is if his share in the home value exceeds $75k. His children would likely be entitled to half of his share's value that exceeds that amount. Be sure your attorney is aware of that and takes that into consideration. Best of luck to you. I hope this was helpful.
Q. Can a home be sold if living will states upon their death to sell home and split into 4s?
A: I'll make a couple of assumptions here: 1) That her Last Will and Testament is validly executed; and 2) her Power of Attorney is validly executed. Your mother's Last Will and Testament is only effective upon her death. Further, the agent under a Power of Attorney has a duty to act in your mother's best interests, including selling the home if needed to cover the expenses of her care. One problem that the agent may have is that title companies will not usually insure the sale of real estate by an agent operating under a Power of Attorney, meaning that a buyer could not obtain a loan on the purchase of the home. The only exception is if the Power of Attorney was: 1) signed by your mother within the last year; AND 2) contains the legal description of the home. If funds are needed to cover her care, the agent may instead look into finding a renter or other way to generate income from the property while your mother is alive. Either way, during your mother's life or after her death, a court order will likely be required to sell the home. That process is called a conservatorship during your mother's lifetime, and probate after her death. The agent will probably need to hire an attorney in her area to handle this matter regardless. I hope this is helpful.
Q. I cannot find my mother's will. I have a brother. He told me to handle things. Will we still go through probate?
A: I am sorry for your loss. Usually, if the estate has any real estate that was in her name and not held in a Trust, a probate will be required to transfer the home to the names of her heirs or to give you authority to sell her home. However, if you find that the back taxes owed, medical debts, and other liabilities exceed her net worth, then it may not be worth the cost and time of going through the probate process, in which case you need not do anything. It may be worth consulting a probate attorney to weigh your options and decide which path is the best option for you. Best of luck to you.
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Contact & Map
Melling Law, P.C.
66 W Harding Ave
Suite C-5
Cedar City, UT 84720
USA
Telephone: (435) 572-0807