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

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • 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
Answered
  • 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.

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