Legal Question in Wills and Trusts in Utah
Husband cut out of all family inheritance
My mother in law died last week. We believe that she left everything to my husbands brothers children, and completely left my husband empty handed. This included around $175,000, a 300 acre farm with around 600 shares of water. Is there anything he can do if it is a living will or trust? We are not sure.
Thank you, --name removed---name removed--
1 Answer from Attorneys
Re: Husband cut out of all family inheritance
In a trust situation it is harder to fight being omitted. I would have to read the trust to tell you for sure. Your husband can always attack the trust and agree to settle for a reasonable share. However, if the trust explicity omits him and gives reasons, it is unlikely he would prevail. If the trust erroneously omitted him; or if there is evidence of undue influence on his mother by another beneficiary, then he has a chance of recovery.