My brother died 20 years ago leaving me the last living member of the immediate family. Now my nephew says he owns his dads half of the estate. there was no will from my brother. Does he have any legal right to the estate? He says he is going to sue me for his half. can he sue me? please advise me. thanks Bill
1 Answer from Attorneys
In Utah, when an individual dies, his share of the estate will pass to the spouse, if there is one. If there is no surviving spouse, then it goes to the deceased individual's children. Only if there are no lineal descendants will the estate pass to a sibling. Accordingly, your nephew is correct. If there is no will, the estate will have to go through an intestate probate so title can be transferred to the nephew.