Inheritance, children or remarried spouse

UPDATED: Sep 30, 2022

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Inheritance, children or remarried spouse

My children’s mother has terminal cancer. Her husband has been in and out of her life the last 2 years. The home is in her name. Only her name. Her husband is pressuring her to sign it in his name, and her car. Which would leave nothing to the kids as she has no life insurance. What legal rights do my children have in this case if no Will is left to protect them and provide for them?

Asked on March 6, 2017 under Estate Planning, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Without a will, property passes by "intestate succession"--the rules for who gets what when there is no will. In Utah, that means that the husband would get the first $75,000 in value of her estate (her property, such as a home in her name only) and 1/2 everything over that; the children will share the other 1/2 over $75,000. But  if she transfers the home and/or car to him (puts it in his name), they will be *his* property, not hers; therefore, they will 100% his and the children will get nothing.

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