Legal Question in Wills and Trusts in Utah
My mother passed away, and in her will she gave my sister her home, on the provision she pay me half the equity in the home, we live in Utah, please help?
2 Answers from Attorneys
If that is what the will says, that is what the court will order, unless you want to contest the will and claim that your Mom's property should be distributed differently. If your concern is whether the one-half equity will be paid, the order of distribution should include how that money should be paid. I am not clear on what your concern is. If you wish to contact me directly, please feel free to do so.
You need to open probate in the court. The first thing to be done is to admit the will (file the original with the court) and then have someone appointed the personal representative. At some point the judge is asked to approve the terms of the will. The home would be placed for sale with the proceeds divided between you - or your sister paying you half of the equity.
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