Is an ex-spouse entitled
to inherit in Utah if there is no will?
When
a person dies in Utah without a will, then the person is considered to
have died "
intestate" and the person's distribution of that person's
assets is determined under the provisions of the Utah probate code
dealing with intestate succession. Utah's intestate
succession laws provide that a surviving spouse is entitled to a
significant portion of the decedent's estate. However, under Utah Code 75-2-802, when a
divorce decree has been entered or a marriage has been annulled, the
ex-spouse is not considered to be a "surviving spouse" and is not
entitled to inherit under intestate succession.

A legal
separation does not legally terminate the husband-wife relationship.
Therefore, even if a court order has been entered creating a
legal separation, the spouse will be still be entitled to inherit under
intestate succession laws in Utah. (Contrast this situation
with Utah's law governing
health care decisions when no valid advance
health care directive has been executed. Under Utah law, a
spouse who has been legally separated from the patient loses the
first-place priority normally given to a spouse to act as a surrogate
in making health care decisions for a person who is not able to make
decisions or speak for himself or herself.)
Unlike
an ex-spouse, a person's current spouse is entitled to inherit under
Utah intestate succession laws. If the decedent has no children,
or if all of the decedent's children are were born to the current
spouse, then that current spouse is entitled to inherit 100% of the
decedent's estate. If the decedent had children from another
union, and if there is no will, then Utah law governing intestate
succession provides for a division of the estate between the spouse and
the children - approximately 50% to the spouse with the remainder being
divided among the decedent's children.
Creating a personalized estate plan including a will, and in many
circumstances a living trust, ensures that your estate is distributed
according to your wishes.
Contact us today to schedule an
initial consultation with
Utah
estate planning attorney Stephen Howard.
Estate Planning - Setting up a good estate plan requires more than filling out a free online form or downloading software. But a good estate plan does not have to be overly expensive. A good attorney can guide you through the process of determining what estate planning tools are right for you and your family, and then create personalized estate planning documents to protect you and your family, and give you the peace of mind you deserve.
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