Legal Question in Wills and Trusts in Utah

Non-notification of Death of Parent
My brother, Dennis--name removed-- was an attorney in Utah, although disbarred due to bilking his clients for money to support his own drug habit. He apparently rewrote my mother's will and left me out of it. The problem really is that my mother died on July 21, 2004 in Salt Lake City and neither Dennis nor my daughter, Kimberly, notified me of my mother's death. They did tell people at my mother's funeral, one person being my Uncle, Everett--name removed--Esq, who was the executer of the--name removed--estate, that they had tried to reach me. They did not try to reach me as I have caller ID and I would know. The two of them out of greed, kept me from attending my own mother's funeral. And that's my concern. They can keep the estate money, but they robbed me of attending my own mother's funeral. Everett--name removed--called me to ask where to send some money from an investment my dad made and he said he never saw the new will and was certain there wasn't one. He said he had no idea I did not know of my mother's death. What can I do about the withholding of the death information so they could take all the assets without me knowing about it?

Asked on 7/25/05, 2:53 pm

2 Answers from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

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Re: Non-notification of Death of Parent

You may be able to file suit to have the will set aside and the collect your share of the estate. This is a complicated legal process and you will need experienced assistance. There is nothing to do about punishing your brother for failing to notifying you, except through the lawsuit. You may contact me for a free consultation.

Answered on 7/26/05, 5:06 pm

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