Legal Question in Wills and Trusts in Utah

My mother passed away and I have 4 other siblings in the family. My eldest sister is the Executor of the Will and in the Will it states that the house is available to any of the immediate children who want to purchase it. I want to purchase the home. My sister gave me 10 days and that's it to purchase the house. I now found out that her son which is a grandchild is buying my parents home for $37,000 under the appraised price and the paperwork for his purchase was already underway when I was trying to buy the home. Dordn't dhr hsve to fidclode the,Appraisal and the selling costs to all children dincr we are dplitting the proceeds from yhe house? What I am wondering is isn't there something I can do legally to take her rights away is the executor or still possibly by my parents home or silver or something anyway please give me advice. Thank you


Asked on 4/20/17, 7:28 pm

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

She has a fiduciary duty to represent the interests of all of the beneficiaries. This deal may be ok, but it really smells, especially with the real estate market in Utah the way it is. You need to immediately file a complaint with the probate court, and get the sale set aside or stopped, if it is not completed by the time you get to court. I would also recommend that you file to have her removed as personal representative in the same petition with the court.

Read more
Answered on 4/21/17, 9:01 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Utah