Legal Question in Wills and Trusts in Utah
My Dad's wife recently died at age 66 from ALS. He is 83 years and they were married for over 20 years. She owned the home that they lived in together for 20 years. My stepmom's family is claiming that my Dad has zero benefits coming to him, as he was not her first husband. Is he entitled to any of her estate after 20 years of marriage?
1 Answer from Attorneys
Under Utah intestacy law (I am assuming there is no will or trust), in a second marriage, the surviving spouse gets the first $75000 of the estate, and one-half of the rest. If the house was always titled in your Dad's second wife's name, and his name was never on the title, he may not have any interest in house, if the estate is large enough. However, if the house was a large part of the estate, the above rule applies.
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