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What happens to the house?

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COWLEY5631

Junior Member
What is the name of your state (only U.S. law)? Utah

We just found out that my spouse has stage four cancer. The mortgage to the house is in her name. What happens to the house when she passes?
 


Farfalla

Member
What is the name of your state (only U.S. law)? Utah

We just found out that my spouse has stage four cancer. The mortgage to the house is in her name. What happens to the house when she passes?
Is your name on the deed?

Does she have a will?
 

Farfalla

Member
My name is not on the deed, and she currently does not have a will.
It depends on if she has any children who can share in the inheritance or not.

The following from the first site that came up on a google search of "utah intestate estate"


Utah Intestate Succession Laws

If any part of a Utah decedent's estate is not effectively disposed of by will, the intestate share will be distributed in the following order and manner:

1. Surviving spouse. A surviving spouse is generally first in line to get any assets from the intestate estate. However, the amount a surviving spouse is entitled to depends on these scenarios:

If none of decedent's descendants are alive, or if all of the decedent's surviving descendants are also descendants of the surviving spouse, the surviving spouse is entitled to the entire intestate estate.

If one or more of the decedent's descendants are not also descendants of the surviving spouse, the surviving spouse gets $50,000 plus one-half of the balance of the intestate estate.

2. Heirs other than surviving spouse. Any part of the intestate estate not passing to the surviving spouse as indicated above, or the entire intestate estate if there is no surviving spouse, passes in the following order to:

Decedent's descendants

Decedent's parents equally if both survive, or to the surviving parent

Descendants of the decedent's parents or either of them

If there is no surviving descendant, parent, or descendant of a parent, but the decedent is survived by one or more grandparents or descendants of grandparents, half of the estate passes to the decedent's paternal grandparents equally if both survive, or to the surviving paternal grandparent, or to the descendants of the decedent's paternal grandparents or either of them if both are deceased. The other half passes to the decedent's maternal relatives in the same manner. If there is no surviving grandparent or descendant of a grandparent on either the paternal or the maternal side, the entire estate passes to the decedent's relatives on the other side in the same manner as the half.

3. State of Utah. If there is no taker under any of the above provisions, the intestate estate passes to the state of Utah for the benefit of the state school fund.
 

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