Las Vegas, NV asked in Estate Planning and Probate for Utah

Q: My father trusted that my brother would honor his wishes after he passed. regarding his life insurance.

not only has my brother been selling alot of the belongings he is claiming there is no life insurance. Just last year my dad mentioned to me how much i would be getting. i hated when he brought that subject up. especially when we were literally burying his dad the last time he mentioned it. My brother is pretending there is no life insurance. question is i didnt want to do this but can i go after half the house of my dads? also and what are my options? i need help here. there is no will and I went thru this with my mother with my grandma's trust fund. with my dad and i am rightfully entitled correct? my brother and mother spent over a million dollars back in early 2000s and i didn't make any fuss... well i am wanting to go as far as legally possible with my dads things. becuz my brother is alcoholic and drug user. who is deliberately keeping me out of it.. theres alot to that family drama that has somewhat to do with all of this. POINT being he will do what he can to keep me awa

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN

A: You need to hire a probate attorney to help you probate your father's estate. you most likely are entitled to a share of the estate under the laws of intestate succession bu the exact percentage depends on other facts.

Wesley Winsor agrees with this answer

Wesley Winsor
Wesley Winsor
PREMIUM
Answered
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Hello,

Life insurance is a different matter, by contract the life insurance company will have to pay whomever is listed on the beneficiary line. If you father and mother were married at the time of your father's death and your mother is still living, there is a good chance that she will get all of it. If they were divorced then according to intestate succession (succession for those who die w/out a will and have property in their name), then it would go to you father's children equally.

If you father died owning real estate, and he held title by himself, then a probate will need to be filed in order to sell the house or transfer ownership. I suggest talking to an estate planning or probate attorney as soon as you can.

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