Legal Question in Wills and Trusts in Utah

Father Dead/ Step Mother Won't Talk

My Dad died Jan 1,2008 after a 10 month bout with cancer. His home contains the estate of him and my deceased Mother and all the family descendants prior. He left behind my Sister and I as well as a 2nd wife ( My stepmother). The Stepmother will not tell us anything. We knew of a will and a life insurance policy. We cannot get ANY information from the Stepmother. We Do not know if any inheritance of our family possessions or life insurance benefits. We do not know where to begin to research. Step Mother surrounded herself with her own kids, sent us to motels and locked our fathers house to us. We are afraid stepmother plans to take all of our heirlooms and run. We have No idea how to stop her ( My Father was her 3rd husband). The situation is horrifying. Please tell me where my Sister and I can begin to investigate our rights regarding death of a parent.


Asked on 1/13/08, 4:52 am

1 Answer from Attorneys
Randy Lish Randy M. Lish, Attorney at Law

Re: Father Dead/ Step Mother Won't Talk

What to do depends on several factors. If your father had life insurance, it had a named beneficiary, and will go directly to that beneficiary. If he owned real estate, what will happen depends on how it was held. If he held it as a joint tenant with his wife (your step-mother), it will go directly to her. If he owned it in his own name, nobody can change the title without going through probate. You can check the court in the county where he resided to find out if a probate case has been filed. If no probate needs to be filed, basically, your step-mother can do what she wants to with personal property. If there is a will, probate must be filed to put the will into effect, but if there is not titled property that needs to be transferred, your step-mother may decide not to go through probate. Call me if you need more detailed answers to questions.

Randy M. Lish

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Answered on 1/14/08, 11:05 am


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