Legal Question in Wills and Trusts in Utah
houses
My father in law is on his death bed. He is leaving nothing to his son,my husband. All to this two sisters. Can we force them to give him his share?
2 Answers from Attorneys
Re: houses
There is no way to force your father-in-law ahead to draft his will in a particular way. HOwever, after he dies, you can challenge the will once it is probated. Whether such a challenge is successful will depend on the circumstances. The best chance of getting the will set aside is to prove that the two sisters exercised undue influence over their father. There are some other possibles bases for challenging, but all of them will involve some substantial risk of fighting and losing., depending again on the circumstances. To know what to recommend, I would need a lot more information about the family and their dynamics.
Re: houses
Depending on the documents which have been properly prepared, the "disinherited" heirs may be able to "take against the will" - meaning they have a right to contest what was done. Your husband may call for a free consultation.
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