QUESTION
If my father passed away, my step mom is on the deeds and passed away also her kids received all of my father’s assets, what legal rights do I have?
Asked on Feb 28th, 2017 on Estate Planning - Utah
More details to this question:
Prior to my father passing away he called me on the phone to say that he had finalized the will with my step mother. I was to be the executor of the property. Recently my stepmother passed away and found out that her kids received all of my father’s land and property, (which he had owned prior to their marriage). They said the will had been lost. We are currently searching for the attorney who did the will. My father had added my step mother to the deeds of all of the land and property but when she passed, her son said that he was to receive all of it.
1 ANSWER
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Randy M. Lish, Attorney at Law
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If your father put your step-mother's name on the deeds to any real estate, the will is not controlling anyway. The will controls any property which must go through probate. If your father and step-mother owned the real estate as joint tenants, which is most common for married couples, the real estate is not part of the probate estate, and the will does not govern it anyway. If the titling was not as joint tenants, then probate would be necessary and the will be useful. However, if there is no will, step-mom gets only the first $75000, plus one-half of what's left. The other half wold go to you and any siblings.
Answered on May 19th, 2017 at 10:36 AM