Common law husband and wife in Utah both died. His Will provides that his 2 kids get the house. Doesn't the house have to be distributed amongst all 4 children his two children and her two children?

Answer 1

The depends upon several factors. Did both parents own the property. Was the property held in a joint tenancy? Was there a lawful common law marriage between them? Were her two children adopted by him?

If there was no marriage. If the property was his. If he had not adopted the other children. His will may be valid. You need to seek the advice of an attorney who can determine who the legal heirs are in your particular situation.

See the links provided below for further information.

The Utah State Courts provide the following information about common law marriage. To be recognized, the following have to be met:

• Both parties are of legal marriage age and are able to give consent
• Both parties are capable of being married
• The parties live(d) together as man and wife
• The parties assume(d) marital responsibilities and duties
• The parties "held themselves out" as husband and wife, and others perceive(d) them to be married.

Answer 2

Utah does not recognize common law marriage so the parties were not married. The answer depends on the details such as how the parties held title, who died first and whether they left Wills. There are many variables. You need to consult with an attorney who specializes in real estate and probate who can review the title to the property and determine how the title descends through probate. One or both parents estates must be probated.