Salt Lake City, UT asked in Real Estate Law, Estate Planning and Personal Injury for Utah

Q: My aunt and dads name were on his house when he passed away he didn't have a will am I entitled to half of the property

How do I go about getting my name added to the house

2 Lawyer Answers
Vincent Gallo
Vincent Gallo

A: The precise language contained on the deed at the grantee clause will provide the precise answer to that question.

Kenneth Prigmore agrees with this answer

Kenneth Prigmore
Kenneth Prigmore
  • Estate Planning Lawyer
  • Spanish Fork, UT
  • Licensed in Utah

A: The answer depends on a few things:

1- Were they listed as joint tenants or something else?

2- Did he leave a surviving spouse? In Utah, a surviving spouse will inherit everything if all of the children of the decedent are also children of the surviving spouse. If the surviving spouse was not your mother, she will receive the first approximately $100k plus about half of the remainder of the estate.

3- Do you have siblings? Without a surviving spouse or a will, the property is divided equally between all living children and any living grandchildren whose parent died before your father.

How to get property out of your father's name:

1- If your aunt and your father held the property as joint tenants, then you aunt only needs to record an affidavit of death with the county that includes a copy of the death certificate, and the property will be all hers.

2- If it was not held in a joint tenancy, then you, as an heir, can file a petition to be named the Personal Representative of the Estate in Probate Court.

An attorney can normally help you sort out what you need in a free consultation.

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