QUESTION
If there are heirs in a will and one dies, would his portion go to his spouse?
Asked on Nov 13th, 2013 on Estate Planning - Utah
More details to this question:
Had one of the survivors petition courts for personal representative then sells property to self for 10 dollars then dies and leave it in their estate.
7 ANSWERS
2 Awards
It depends upon what the will says, but spouses are generally not provided for. Have an attorney review the will.
Answered on Nov 18th, 2013 at 8:39 AM
3 Awards
1. It depends upon what the Will states. 2. That would more than likely be invalid and self-dealing. You should seek legal counsel.
Answered on Nov 18th, 2013 at 8:01 AM
The deceased share will not go to the spouse unless the will so dictates.
Answered on Nov 15th, 2013 at 9:35 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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First question, it depends on what the will says and whether the devisee (heirs are people who take through intestacy; if you're named in a will you're a devisee or a legatee) survived the testator or died before the testator. Deceased devisee's share would never go to spouse unless a will says. Second question, no way. The PR selling estate property to himself has breached his duty as PR, it's so obvious that you just ask the judge to look at that transaction and it will be voided. So it never makes it to the estate of the PR. If you let that slide and PR got all the way through to closing the estate, then you might have to sue to quiet title.
Answered on Nov 14th, 2013 at 12:27 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It sounds like a complex situation. It also sounds like possible breach of fiduciary duty. If there was a sale, it would have had to be at fair market value. I think you need a lawyer to assist you with this.
Answered on Nov 14th, 2013 at 12:13 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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It depends on how the will is written. It could go that person's heirs rather than the spouse. Talk with a local attorney about the issue.
Answered on Nov 14th, 2013 at 12:13 PM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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Who takes the share of a deceased beneficiary depends on what the will says. A surviving spouse does not take the share automatically, but the children of the deceased (if any) might. It really depends on what the will says. If a personal rep sold property to himself for $10 and it was worth a lot more, he has breached his fiduciary duties and he and his estate are responsible for turning the property back over to the estate he was administering. An experienced estate planning and probate attorney can provide very valuable advice in this situation.
Answered on Nov 14th, 2013 at 12:13 PM