QUESTION
What can be done if someone violates the terms of a last will and testament?
Asked on Feb 24th, 2016 on Wills and Probate - Utah
More details to this question:
My sister is living in my mother's house. The will states we are not allowed to live in it. We must sell the house and divide the funds.
1 ANSWER
Family Law Attorney serving Salt Lake City, UT
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David R. Hartwig, Esq.
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Your questions omits a number of potentially pertinent facts.
First, has the will been probated?
Second, has a personal representative been approved by the probate court?
Third, if so, who is the personal representative, and why doesn't that person do something about the situation? If your sister is the personal representative, then perhaps you need to see about her being removed from that post.
You really should consult with an attorney who handles probate matters to really look at what is going on in your situation.
I may be able to assist you.
David R. Hartwig
801-486-1715
Answered on Feb 25th, 2016 at 7:27 AM