Layton, UT asked in Probate for Utah

Q: My grandma passed away. She had a will and left everything to me. My mom is trying to evict me what can I do?

I lived with my grandma for years and took care of her. Her and my mom have been estranged for years my mom is trying to take everything and evict me even though my grandma had a will

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1 Lawyer Answer

Wesley Winsor

Answered
  • Probate Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Have you seen your grandma's will? Under what authority is your mom using to try and evict you? Was she appointed the personal representative?

If so then even though you may be a beneficiary, she can still evict you. Who has been put in charge as the personal representative/ executor/ executrix?

If your mom is the PR and she isn't following the will, then you will need to assert your claim in probate court. Has a case already been filed? Even with a will the PR will need to file a case in order to get authority unless the house was owned in a trust or in joint tenancy. This is a situation that needs to be properly understood before any actionable advice can be given.

Sorry I can't be of more help.

Wes

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