Legal Question in Wills and Trusts in Utah

Estate Laws

A Father with two sons, and a mother with one daughter both pass away within 3 months of each other, the father first. With no wills or power of atterney, do all three children inherate the eastate, or just the step sister?


Asked on 6/29/09, 1:09 pm

2 Answers from Attorneys

Randy Lish Randy M. Lish, Attorney at Law

Re: Estate Laws

I would need to know how the property was held and who died first. If the property was held in joint tenancy, the property would be left to the mother. Upon her death all of the property would go to her daughter, and the children from the father's first marriage would be disinherited. If the property was held differently, the result would be different. If you need further assistance, please call for a free consultation.

Randy M. Lish

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Answered on 6/29/09, 1:37 pm
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Estate Laws

Your question is no simple, and there are missing facts. Most importantly is how title is held to the real property. For property without a title that denominates future distribution, the father's children get half at his death; the mother (if married) gets the other half, which goes to her children at her death. But there are other possible outcomes depending on the facts.

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Answered on 6/29/09, 1:54 pm


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