Salt Lake City, UT asked in Estate Planning for Utah

Q: Need to stop probate my brother want contact ed an i received my on the review date file motion to set aside

My mother passed away i took care of her an sister took everything while i was in jail how can i get what fair to me an they never contacted my brother can we do something

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1 Lawyer Answer
Wesley Winsor
Wesley Winsor
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: I am sorry for your loss. That is frustrating. Do you know if your mother had a will or a trust or any estate planning done while she was alive?

Were you able to see those documents? Are you sure that you are a beneficiary? If your mother didn't have anything done while she was alive, and she owned real estate in her name then they will need to go through the court to get someone appointed as Personal Representative.

If your mother didn't own real estate and your sister hasn't started a court proceeding, then you can file with the court to be appointed as personal representative so that you are in charge of distribution and can legally ask for all items removed from the estate to be returned or paid for.

I hope this helps inform your you decision,


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