What should we do if my step-mother stopped all communications with us after our father died and we want to speak with her regarding his land?

This is a tricky situation. Even if your father made a will she has certain rights as surviving spouse. If he made a deed without her knowledge, she has a dower interest. The only thing you can do is research title to the land and see if she files for probate.

If the land is in your father's name and your step mom's name as husband and wife, she will get the land. Anything else in both names as husband and wife or by the entire-ties, your step mom will get upon your father's death. You may not be able to do much if your dad did not leave a will or trust leaving something to you. If the estate is large enough, you may get something if there is no will or trust at all. But if the will or trust leaves nothing to you, you will most likely get nothing. If your father had a will, it will be probated and you should receive notice. Or if there was no will or trust and probate is necessary, you should receive notice. But if there is only a trust, I hope your step mom will be honest with you if she is the trustee. Otherwise you will need a good attorney.

First you need to find out if there was a will. If there was, it is suppose to be deposited with the court clerk within 30 days of the date of death. If your father was talking with an attorney he may have a Trust as well as a will. At any rate if your father died in Nevada and if he had any property in his name alone, it will require either a probate or some other administration through the court depending upon how much property he had. If your father died without a will, then his separate property will be be distributed 2/3's to the kids if there is more than one. Community property, unless your father provided otherwise in a will, goes to his wife. I would advise retaining an attorney to ascertain if there is a will not and if there is any separate property. If you do not want to retain an attorney at this time, write to your mother in law and ask the questions regarding the existence of a will and separate property.

First Step is to find out who owns the land. Get a property profile, a copy of the most recent deed or a title report. How long ago did he die? If he left a will or trust, you are entitled to a copy.

I would think the first step would be to request any will or trust documents from your mother in law, and if you know the attorney, from the attorney. Beneficiaries are entitled to such documents.

If he had a will, the will controls. If he didn't have a will, then his children and his wife will split his estate 50/50. There are other wrinkles.

Obviously, if you CAN communicate openly with your stepmother, this would be best. Depending on how the assets were titled, your father may or may not have been able to do anything about this. If there is a Will, your stepmother is supposed to provide it to the probate court, whether an estate needs to be open or not. Whether the Will has any effect or not depends on title. If all of the assets were jointly held by the spouses, then upon your father's death, your stepmother owns everything. Even if there was a Will saying that she only got half, the Will would not apply to the assets. So if you cannot speak with your stepmother about this, your first step should be to check on how the assets are titled. You can often do this online, at least with regard to real estate. If you find that the property is titled in joint names, which is what is normally the case, then you would not be entitled to anything, at this time. If there are personal items that belonged to your father, that your stepmother would not have any use for any longer, you might delicately ask her if she would allow you to have those items. Assuming that your father and stepmother DID set up an estate plan, it is possible that all of the children Will split the estate, upon the death of your stepmother. Sometimes, these arrangements can be changed. If you have...and maintain...a close relationship with your stepmother, then she would have no reason to do so. Best of luck to you!

Advice is to get yourself a probate attorney to file a petition to probate the title to the land into your names; if you know the attorney for your father, call him and determine if your father created a trust or a will; and determine who was named the beneficiaries of the land. Sounds like there may be some litigation brewing here. Also, go to the recorder's office of your county to determine who is on title to the land. A lot of what I am suggesting can be accomplished online re the research needed here. There may be other assets out there such as accounts, cd's, life insurance, etc. Time is of the essence. This is urgent.

Relying on your step-mother to do the right thing simply means nothing in the administration of your father's estate. You should immediately determine if he had a will and if he put your step-mother on his property. Ask her. If she is not forthcoming, without a will, she is a natural heir entitled to administer and receive the bulk of his estate. Only next in line are his children. Searching the title records for his property will be a lot easier with her cooperation.

The land will pass either according to: 1) the deed, if for example, it provided for joint ownership or a life estate; 2) your father's will, if he had one; or 3) the intestate statute, if your father didn't have a will. Deeds are public records; so you can get a copy of the deed to see if the property passes according to the deed. A will becomes a public record after it is filed with the Register of Wills; so you would be able to see the terms of a will. Under the intestate statute, children would be entitled to a portion of the estate.

Under Utah law, you may have rights to some of your father's estate. If he died intestate (meaning without a will), then his children would get part of his estate and his spouse would get part of his estate. You can file to be the personal representative for your father's estate. This will force your step-mother to either produce a will or ensure that the estate is properly administered.