Legal Question in Wills and Trusts in Utah
Assets left by father & stepmother
We are 2 children. Our father passed away in 1997. He had remarried another woman. We chose to let her have all the assets after his death. They had one child between them and she had three children from a prior marriage. He had said he would leave us something. She passed away 3 weeks ago. We have no idea what to do at this point. We would like to share in anything that was left. We have not heard anything and her children are not friendly toward us. They lived in Utah, we live in other states. Are we entitled to anything and where do we go from here? Thanks so much.
2 Answers from Attorneys
Re: Assets left by father & stepmother
Mr. LIsh is in UT, I am in WA and your question does not relate where your stepmother was domiciled at the time of her death.
If it was WA, then the community property provisions will provide that she takes all her separate property, all the community but only half of your father's separate property, and the other half of his separate property would be available for distribution to you.
It would be worth your time to spend a half hour with a probate attorney who can review the situation and give you advice about what to do next.
Elizabeth Powell
Re: Assets left by father & stepmother
If your father left any property in trust, that property would be governed by the trust agreement. If your father and his wife held everything as joint tenants, it is all hers when your father dies. This means that it would all go to her children. If your father and his wife had some separate property when he died, that is when you should have received anything that you were entitled to receive. If everything was titled in your father's wife's name when she died, it will all go to her children. If the property you are concerned about is not property that has a title to it, it would still go as outlined above. If you have specific questions, I will be glad to discuss them with you.
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