Legal Question in Wills and Trusts in Utah

contesting a will

My father recently passed away. His adopted daughter, my step-sister has a copy of a will that leaves her as the sole beneficiary of his estate. My family, his biological children, are suspiciously absent from this will. We would like to contest this will and we would also like to find out if there was ever another will written. How do we go about doing this?


Asked on 4/13/03, 9:53 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: contesting a will

The first thing is to find out if the step daughter is opening probate. If not, you can initiate probate on your own. Part of that process includes the appointment of a personal representative to gather estate assets and identify debts and liabilities. The other part is to establish whether or not there was a will. Even if the suspect will is valid, you can "take against the will" which means you and the other disclaimed heirs can file for the share to which you would be entitled had there not been a will. The foregoing assumes that the action is filed in the State of Utah.

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Answered on 4/13/03, 10:40 pm


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