More details to this question:
My Husband asked a question here yesterday. But I have one as well. My Mother passed away 3 years ago and left no will. My family home was in her name only and the mortgage was paid off. My understanding is that in Utah when no will is written that her entire Estate goes to her surviving spouse (my father). My Mother only had children with my father so there are no other heirs. My sister has petitioned the court that she be made executor of my mothers estate.. I contend that their is no estate as all of my mothers assets immediately went to my father. 1) She had no will 2) they where still married at the time of her death My mother and Sister had a terse relationship at best. In my mothers last days she granted me financial power of attorney (prepared by an attorney and witnessed by cousin and notarized by hospital personnel) The attorney we had representing us never gave us a direct answer. And know he has pulled out. Does my sister have any legal standing?
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
at
David R. Hartwig, Esq.
Update Your Profile
Your understanding of the law of intestate succession is wrong. When there is no will, generally half goes to the surviving spouse and the other half to the children.
Sounds like you need to replace the attorney who quit. Should you desire, I may be able to assist you.
David R. Hartwig
801-486-1715
Answered on Apr 08th, 2016 at 8:21 AM