Comstock, TX Estate Planning Law Firms & Lawyers

Somebody needs to apply for probate. In this case, it would probably be his wife and it would be started where he died. However, you say temporarily. Was he on vacation or was it an extended stay? Did he tell you it was temporary so you wouldn't get mad? Regardless, if he really live in your state, I suppose you could open up a probate there, but eventually someone will win the battle of the probate forums. If the wife opens in the other state, she can then use that to open a probate in your state to handle his property there. You need to talk with an attorney and his wife and figure out the best way to proceed.

Under Utah's family expense statute, the wife, but not the children are responsible for debt incurred by the deceased to provide the "necessaries of life" which include, clothing, food, shelter, and medical care. Any frivolous or other expenditures, the surviving spouse is not reponsible for. However, the Probate Code makes clear that there can be no distribution to heirs until all debts of the decedent are paid. To the extent that distributions of the estate are made to survivors of the deceased when a proper claim has been made against the estate, the personal representative or heirs who receive $ can be hedld liable to the creditor who did not get paid.

A spouse has a right to renounce the Will. If she remained his spouse at the time of his death then she is entitled to the spousal right to renounce the Will regardless of the intention of either party.