Legal Question in Family Law in Utah
My wife was written out of her parent's trust and will. Her sister made false claims and lies about my wife to their father and had a lawyer prepare an addendum to the will two months before he died and had him sign it on Christmas Eve one month before he died.
My wife's sister did this secretly behind my wife's back and we did not know anything about this until my wife's mother died 7 months later.
My question is, can my wife's sister do this legally without my wife being confronted with the claims and giving my wife a chance to rebut the lies? Does the attorney have a fiduciary responsibility to my wife who was a member of the family trust to determine the validity of the claims my wife's sister made agsint her? Has he violated his responsibility to the trust?
1 Answer from Attorneys
There are ways that you can argue the addendum is null and void due to misrepresentation, fraud, undue influence ect. You could dispute the will and could go after the trustee if you can prove that the trustee acted with the knowledge of what occurred. There must be evidence though that the allegations are true and that the sister did actually make false claims. The trustee may have knowledge of what occurred. There also may be a defamation claim in there as well.
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