Legal Question in Wills and Trusts in Utah

Dying intestate

My mother who has lived in Canada since 1993, passed away in the United States in 2007. While still alive she would regularly visit my brother who lives in the US and on all these visits she would bring with her a significant amount of money that she says she deposits in an account in the US. Early last year she went to the US for an indefinite stay (she was awarded immigrant status). She came back to Canada for a couple of days in October, closed all of her bank accounts and brought the money to the US. After a couple of months, she passed away, without a will. My brother whom she has been staying with is saying that my mom has given him sole discretion to her estate and as such he has the right to do whatever he pleases. I think that the money my mom has been bringing to the US has been depostied to an account that is not under my mother's name. My mother also has some properties in the Philippines. Our father died in 1991 and I have another brother who lives in the US. What are my rights as a child and how do I go about ''contesting'' my brother? Is he right in saying that he can do as he please with the properties that my mother has left behind? Thank you.


Asked on 3/06/08, 8:41 pm

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

Re: Dying intestate

Any heir can open probate to establish your mother's assets and liabilities. It is generally done in the county where she lived at the time of her death. Your brother will have to prove his right to control the assets. Call me for a free consultation.

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Answered on 3/07/08, 10:46 am


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