Legal Question in Wills and Trusts in Utah

My spouses mother recently passed away. She had put my spouse and all but one of her siblings on the deed to her home. Siblling not on deed lives in home will not (cannot) pay utilities insurances etc. We suspect he is hiding documents.

After medical bills, funeral expenses and home preparation there will be little if any money so no one is trying to get rich.

My questions are:

A. Legally are any of the siblings obligated to continue to pay for monthly bills.

B. Legally does the sibling have any rights to stay in the home he has been there for 40+ years but is not been in any way financially responsible for the home.

C. Can we evict him?

D. Can we or sibling sell anything before the probate happens?

Thanks


Asked on 6/22/12, 11:57 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

The occupant of the home should be paying utilities - however if there is no equity the remaining siblings can quit claim their interest to the occupant sibling. A non occupant sibling is not obligated to pay any bills.

The occupant sibling only have one share of the home. The remaining siblings own the balance.

The occupant sibling can be evicted by the remaining siblings.

Probate should be opened. Your mother in law's debts should be paid from the assets of the estate, including the value of the home. If there is no other asset except the home, the home can be sold to pay her last bills, and any remaining amount split equally.

You may call for a free consultation.

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Answered on 6/22/12, 12:56 pm


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