Ogden, UT asked in Child Custody and Probate for Utah

Q: If a mom passes away and has a will for her kids to go to family will the courts go from her will. Or will dad?

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1 Lawyer Answer
William Tyler Melling
William Tyler Melling
  • Probate Lawyer
  • Cedar City, UT
  • Licensed in Utah

A: It depends. Ultimately, child custody is determined by a judge. However, the nomination of someone in a deceased person's Will is taken into account. When another parent is still living, the children will usually go with that parent.

Finances, on the other hand, are 100% determined by the person's Will. If a Will leaves funds to children in Trust and appoints a Trustee, then that Trustee has control over the funds, and not the other parent.

I hope this helps.

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