Legal Question in Wills and Trusts in Utah
Dear sirs,
When my father pased away these three years ago, my older brother stepped in as a will exucutor.
There was real property, mines in Nevada with mineral rights, heavy equipment, real poroperty in Delta, Utah, and a life insurance policy that was to be divided between us two boys. Four months proir to my Fathers death, he called me and my spouse to tell us of an updated will that would place my wife as an executor, for he had great admiration for her and loved her honesty. We saw no will....there was no reading of a will.....and my brother gave me an old pocket knife, a broken rifle, and a hand full of rocks from the Nevada property, and told me that this was all that my dad wanted me to have....and in my brothers opinion, I should get nothing! He even told me....nay, threatened to put a bullet in the back of my head if I contested anything.
My question is.....Is it too late to contest anything? Or can everything be seized and locked into probate, while we get to the bottom of a will and the fairness there of?
1 Answer from Attorneys
There is very likely a way to establish your rIghts in the estate. If there has been a probate filed, then you can contest the will via that court matter. However, you only have 3 years to probate a will after death in Utah. So if he hasn't probated the will the will probably cannot be probated anymore and you will have to go through other procedures to establish your rights in a different type of proceeding. Let me know if I can be of further assistance.
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