West Valley City, UT asked in Estate Planning and Probate for Utah

Q: What can I do to ensure that my son's father's assets are properly distributed after his father's recent death?

My 19 year old son's father died 8 days ago, and the mother of the deceased has self-appointed herself executor and claims that the assets need to go to her because her son borrowed money and never repaid her. There was no legal contract for this supposed debt, but she is already trying to sell things off without any regard for the proper legal process or my son and his half-brother who is ten. How can I, as the ex-wife but mother of one of his son's make sure that this is dealt with legally? Thanks

Related Topics:
1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: If your son wants to assert his authority as personal representative of his father's estate, then he can do so through a probate process. I have pasted the relevant code section below. In addition, if your son doesn't want to do it, he can nominate you serve as his father's personal representative.

Your son will have to assert his intentions by filing a petition to probate his father's estate and for appointment of personal representative.

I hope this helps.

Utah code give him the highest priority together with any siblings for appointment of personal reprsentative:

75-3-203. Priority among persons seeking appointment as personal representative.

(1) Whether the proceedings are formal or informal, persons who are not disqualified have priority for appointment in the following order:

(a) the person with priority as determined by a probated will, including a person nominated by a power conferred in a will;

(b) the surviving spouse of the decedent who is a devisee of the decedent;

(c) other devisees of the decedent;

(d) the surviving spouse of the decedent;

(e) other heirs of the decedent;

(f) 45 days after the death of the decedent, any creditor.

Bryan Cowley agrees with this answer

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.