Legal Question in Wills and Trusts in Utah

last will and testament

My father just passed away 6 weeks ago. He has a large bank account with three beneficiaries, me and my two sisters. In his will it states that all assets with be divided three ways. He has a house that needs to be appraised, and either sold or one sister can buy out the other two. Anyway, we have not done anything yet. We have a man who is coming to appraise the house next week. To make a long story short, the other day my sister got a death certificate and went to the bank and they gave her 1/3 of dad's money without talking to us. Please let me know if this could possibly be legal. Thanks, Chris


Asked on 6/16/09, 7:12 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: last will and testament

You should open probate and have someone appointed as the personal representative. You will porbably need a court order to transfer title to the house. You may call for a free consultation and more information.

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Answered on 6/17/09, 10:22 am
Randy Lish Randy M. Lish, Attorney at Law

Re: last will and testament

The will controls what happens to the probate estate. Because you and your two sisters are named beneficiaries on the bank account, it is not part of the probate estate, and does not go through probate pursuant to the will. Life insurance works the same way. The beneficiary controls. The house will have to go through probate unless someone else's name is also on the title. If you need assistance please call for an appointment.

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Answered on 6/17/09, 10:44 am


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