Legal Question in Family Law in Utah
I'm writing a novel about a child in the Foster Care System. Her entire family dies, and there are no close relatives. Also, her parents didn't have a will. What happens to the house/finances of the family? Is the house property of the government? Is the money put away somewhere for the child, or is it the government's?
1 Answer from Attorneys
If a person dies without a trust or will, then the deceased's property is divided as set forth in law. It is called intestate succession. If there are no ascertainable relatives or other heirs then the property "escheats" to the state. If the child survives then the property of the deceased will be placed into trust for her benefit. If she is in the FCS, the state would probably seek reimbursement from her trust for the costs of her maintenance.
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