Legal Question in Wills and Trusts in Utah

My brother was legally separated from his wife. They had already split up all of their belongings and were no longer living with each other. Because my brother had no where to live he ended up storing a lot of his stuff at his (legally separated) spouses house in a shed and also in a storage unit. Anyways, my brother recently passed away and now his (legally separated) wife is trying to claim all of his belongings. And won't let us even look at it. Is this right? Does she legally have the right to take all of his belongings even though they were legally separated and she had her stuff and he had his stuff? I was under the impression that since they legally separated everything already that all of his stuff belonged to him. And now that he has died it should go to next of kin, which is his parents? Thanks for your responses.


Asked on 7/29/10, 4:30 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

It will depend on the language of the legal separation decree/order. The family should file probate and get a court order declaring the owner of the property.

I can assist. You may call for a free consultation.

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Answered on 8/04/10, 7:16 am


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