Legal Question in Wills and Trusts in Utah

Grandmother's Will

Will reads:

I leave to my grandson, Jesse, the opportunity to purchase my property at (her address) for the following amount:

My son, Frank $20,000.00

My daughter, Lurlene $20,000.00

My daughter, Gwen $20,000.00

My daughter, Coral $20,000.00 (deceased)

Coral's share goes to Kevin,--name removed--(myself), and Jesse, which he is to use to secure the loan to make payment to my children;

This is to compensate Jesse for all he has done for me. The price of purchase is a fair amount if he is to be compensated.

This is in agreement with Kevin,--name removed--and Jesse.

Am I still entitled to receive my share? My brother said I gave up my money to him, but I signed nothing and did not tell him I was going to forfeit my share.

Since this time, my brother (Jesse) has filed bankruptcy and lost my grandmother's house. Is there still a way to retrieve myshare? Shouldn't the bank or title company have had me sign a legal document or something before giving my share to Jesse? I checked with the County Clerk and the will was not probated there. My brother says very little to me, so I get almost no information from him.

Thanks


Asked on 1/05/03, 11:04 pm

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

Re: Grandmother's Will

Someone should have been appointed as executor of the will, and is the person responsible for distribution of the estate funds. You can petition the court to order an accounting of how your grandmother's funds were spent. If someone who acted as executor mishandled the funds, then he/she can be required to pay back the funds by the court.

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Answered on 1/06/03, 9:36 am


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