Sacramento, CA asked in Estate Planning, Real Estate Law and Landlord - Tenant for Utah

Q: My uncle did some fraud to me and my family concerning my grandfather's will.

My uncle who was the executor for my grandfather's estate will not provide a will . iam in the will stating me and my jids can live there in his house under we pay utilities and house taxes. My uncle changed the locks broke into my sons room went threw all of our stuff and threw a lot of mine and my kids stuff. My uncle threatened us several times harassed us over and over and kept putting new locks on the house to keep us out. He then turned off the utilities on us to keep us out . then he sold the house without telling us. So 2 weeks staying at my grandfather's home. The new owners came and evicted us from the home. Now we are homeless with children my husband has stage 4 neck cancer, kidney failure ESRD kidneys functioning at only 13%. His heart is pumping 25% oxygen. His on kidney dialysis goes 3 times a week. My son is also disabled with learning disabilities and has mental health issues. I have severe anxiety, panic attacks, bi polor my dr took me off my meds . we need help asap

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

A: I am sorry for what you are going through. If you haven't seen the will how do you know you had a right to live in the house so long as you paid utilities?

This sounds like it would be very difficult to reverse what has happened as the house is now owned by someone else. If you are beneficiary to the will or even to the trust (assuming there is one), then you are entitled to a copy of the trust or an inventory of the estate.

If you Uncle's position is that you are not a beneficiary, then you can take him to Court and have the Court look at the documents and compel a production of the estate documents. If you Uncle refuses to fulfill his duty, resorting to litigation is the only way to protect and enforce your rights. If he can be reasoned with, it would be so much cheaper and faster. You might hire an attorney and maybe he would be reasonable enough to share the documents, but it will probably cost you at least $500 in attorney's fees. I hope this helps.

If what you are saying is true, your uncle is in serious breach of his fiduciary duty and there might be criminal penalties for what he is doing.

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