Legal Question in Wills and Trusts in Utah

not valid will

my father passed away8 years ago and my brother claiamed the estate on a will. but iahve since learned that the will was never probated and not signed, wintnessed or noterized. can i claim my share and do i have to sue my brother? he won't give me a copy and can i file a declartion of heirship?


Asked on 1/13/09, 11:48 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

Re: not valid will

Unless already done, you can attempt to open probate, which is the legal process to ascertain how property from a deceased is distributed. At probate the judge will decide. You will have to convince the judge to open probate after all of these years. You may call for a free consultation.

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Answered on 1/14/09, 11:14 am


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