Legal Question in Family Law in Utah
Counter sue question
My father recently passed away. His ex-wife whom he's been divorced from for a few years wants to reopen the divorce, claiming she is owed more money, and challenging me and my sister as heirs. If this goes to court and nothing comes from it, can we claim that we were wrongfully brought to court and counter sue for court costs?
Asked on 7/03/08, 7:24 pm
1 Answer from Attorneys
Alvin Lundgren
Alvin R. Lundgren, L.C.
Re: Counter sue question
You can sue for abuse of process (wrongful use of the courts) - but you will also need to make sure you present a proper defense if she files. You should open probate to prevent her from seeking control of the estate by her filing for probate first. You may call for a free consultation.
Answered on 7/07/08, 1:39 pm