Lehi, UT asked in Estate Planning and Probate for Utah

Q: What do I do if my sister takes all of my mothers estate?

A couple days before my mother passed away my sister and uncle drafted up their own quitclaim deed putting my moms house in my sisters name. I wasn’t informed until the moment of the signing that my name wasn’t attached. My mom was in no state to be signing any kind of legal documents. She was under a lot of different medications. However even though she was so out of it when they told her that only the sisters name was on the deed. She said no and said she wanted both kids. My uncle and my sister just kept telling her she has to sign even though she was against it. My sister promised my mom and me that we would split everything 50/50 she wanted to keep the house out of probate. I have been apart of the process the whole way getting the house ready to sell. I paid to fix the house where needed and was apart of everything signed. We closed on the house yesterday and we filled out the wire information for each get 1/2 profit. I’m scared my sister will remove my account information

Related Topics:
2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Crossville, TN

A: It sounds like you are worried in advance about something that may or may not happen. If you do not receive your share of the proceeds within 48 hours after the closing (keep checking your bank account online), then repost your question.

Kenneth Prigmore
Kenneth Prigmore
  • Estate Planning Lawyer
  • Spanish Fork, UT
  • Licensed in Utah

A: You can explain to your sister that if you can prove that your mother was not mentally competent, through doctor's records and testimony, that you can get a court to either 1) reverse the deed or 2) divide the sale funds as if the deed had not been written and your mother died without signing it. That may give your sister motivation to split the funds as promised.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.