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My X-husband died and a month later his wife died. Her only…

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My X-husband died and...

My X-husband died and a month later his wife died. Her only child has moved into the home, removed all of the paperwork from the house leaving my 5 children with nothing. Most of my family (myself and 4 children) are residing in FL. He has a substantial pension fund and tangible assets. What to do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Utah

Lawyer's Assistant: Has anything been filed or reported?

Not by us.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The only daughter of the wife, took her boyfriend and slept in the mothers bed the same night she died in it and she is alcoholic and has drug problems. My daughter who lives in SLC tried to reach the mother, could not and went over in the morning to check up on her and found the daughter in bed with the boyfriend.

Submitted: 3 months ago.Category: Family Law
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Answered in 1 minute by:
3/6/2018
Family Lawyer: RayAnswers, Lawyer replied 3 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 47,616
Experience: 30 years as a family law lawyer .
Verified

Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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Family Lawyer: RayAnswers, Lawyer replied 3 months ago

Your kids here need to make application for probate here and one of them named personal representative for your dad.They have rights here as heirs to their share of property under the Utah intestacy( means no will) laws.

Probate lawyers by city

https://www.justia.com/lawyers/probatelaw/utah

I appreciate the chance to help you today.I wish them the best here, I hope they will pursue this.

If you can positive rate5 stars it is much appreciated.

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Family Lawyer: RayAnswers, Lawyer replied 3 months ago

Who Gets What in Utah?

Under intestate succession, who gets what depends on whetheror not you have living children, parents, or other close relatives when youdie. Here’s a quick overview:

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If you die with:here’s what happens:

  • children but no spouse
  • children inherit everything
  • spouse but no descendants
  • spouse inherits everything
  • spouse and descendants from you and that spouse
  • spouse inherits everything
  • spouse and descendants from you and someone other than that spouse
  • spouse inherits the first $75,000 of your intestate property, plus 1/2 of the balance
  • descendants inherit everything else
  • parents but no spouse or descendants
  • parents inherit everything
  • siblings but no spouse, descendants, or parents
  • siblings inherit everything
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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