What To Do When A Will That Wasn’t Updated

Question About Non-Updated Will

I have a question about my husband’s non-updated will. My husband died in October . We have been together 7 yrs, married less than a yr. He sold his house and we purchased a house.  His Will was never updated are his children (all adults) entitled to the stuff we acquired together?

Answer

Your question raises at least two questions. First, which law applies. In order to come under Utah’s law, your husband needs to have been domiciled in Utah at his death or the law of the state of the domicile needs to allow for Utah law to apply. See UCA Section 75-2-202(4). If Utah law does apply, or if the law of the domicile has the same provision, do you have an elective share of 1/3 of the augmented marital estate? See UCA Section 75-2-202(1). This means that even if the Will is still in place and you have less than 1/3 of the augmented estate, you will likely be able to elect this share anyway.


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Steve

Steve Christensen

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What To Do When A Will That Wasn’t Updated