Eugene, OR asked in Probate for Utah

Q: My father died recently , my mother and father never married am I still entitled to part of his estate ? pat est.

He later married and had three other children (wife passed 2011) I am being denied access to information/executor funeral large estate multiple homes slc Yuma large farm in Idaho.

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1 Lawyer Answer
Wesley Winsor
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Wesley Winsor
Answered
  • Probate Lawyer
  • Saint George, UT
  • Licensed in Utah

A: You are only entitled to his estate if he died without a will or he named you a beneficiary in his will or trust. If he died without a will then you would be the natural heir and they wouldn't be able to distribute anything without first giving you notice of the probate process.

With a large estate, it would be more common for him to have set up a trust. If you are being denied access to his estate, then I think it would be in the best interests of those in charge to show you evidence that you were disinherited rather than you having to file an action in probate court.

Your recourse would be to file an action in probate court and asking the judge to make them show you the trust document. If you know the address of the property you can probably find out whether he owned the real estate in his own name or in a trust. At that point, you could learn with relative certainty of an existence of a trust.

I hope this helps.

Wes

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