Legal Question in Real Estate Law in Utah

Re: Land Ownership

Without an enforceable disposition of property (will or trust or disposition prior to death) the property would presumptively be divided equally among the children in a probate, e.g., if there are 3, then each would get 1/3. 51% represents probable control (contrary agreement or will or trust might require, for example 2/3 to control), not full ownership, and 51% owner has duties of fair dealing with other owners.

Primogeniture (1st born son inheriting all) went out a few centuries ago.

So, 51% not having documentation, is not valid unless all heirs choose to allow it. Again, ownership of decedant's estate is almost certainly to be divided equally among heirs.

As for selling the property, if it is still in father's name, it will require probate and court order (appointment of personal representative) to authorize transfer of real property. Check with a title company and they can advise you as to status of the title.

Re: Land Ownership

If probate has not been opened, you need to do so immediately. The court should decide who is entitled to the business and related assets, unless the family agrees on some other scheme. Unless the business and property are in your brother's name already, he will not be able to convey title without approval from the probate court.

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