Legal Question in Wills and Trusts in Utah

My mother passed away in Feb 2015 in Texas.. She left a will and a memorandum with the property sectioned out as 3.3 acres to 5 children. My sister was appointed as the executor. When the will came out of probate she didn't let anyone know and the portion showing the division of the acres was left out. Now the lawyers tell us that all the property belongs to my sister because there isn't anything showing our names to the property.. What can we do to get this land back?


Asked on 6/08/16, 5:43 pm

1 Answer from Attorneys
Randy Lish Randy M. Lish, Attorney at Law

The problem you have is that, unless Texas is different than Utah, and it apparently is not, a will can pass real property, but a memorandum attached or referred to in the will cannot. In many states, personal property may be left in a written list, but real property cannot. Because the memorandum was not a formal part of the will, it is ineffective in its attempt to distribute the real estate.

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Answered on 6/09/16, 12:59 pm


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