Legal Question in Wills and Trusts in Utah

utah: my sister deceived my mother, into signing a special warranty deed , deeding the home to her, 4 days later mom updated her will, giving my sister the home with the provision, she pay me half the equity of the home, mom died a week later, now my sister refuses to abide by the will. please help?

Asked on 9/10/13, 9:18 pm

1 Answer from Attorneys

Randy Lish Randy M. Lish, Attorney at Law
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The deed takes priority over the will. The will says how property in your Mom's name is to be distributed. The deed is no longer in your Mom's name, unless there is some reservation under the special warranty deed. You could challenge the deed based on the claim of coercion, undue influence or some other theory. This is expensive, and even if you win, it could cost a lot of money.

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Answered on 9/11/13, 8:19 am

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