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Uncle trying to change a 40 year old estate inheritance

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joaverage

Junior Member
I have notified that my uncle is trying to change my grandmothers probate settlement (that he and my aunt signed in 1974). In my grandmother�s settlement, her estate was left to my mother. This included a house and a parcel of land (the land had not yet been deeded to my grandmother at the time of her passing). This property has been willed to me and my siblings after my mothers passing over 27 years ago.
My uncle is now 85 years old and now states that the property was never meant to go to my mother, only the house.
the land is in Utah. What chance does he have to take the land from us??
 


LdiJ

Senior Member
I have notified that my uncle is trying to change my grandmothers probate settlement (that he and my aunt signed in 1974). In my grandmother�s settlement, her estate was left to my mother. This included a house and a parcel of land (the land had not yet been deeded to my grandmother at the time of her passing). This property has been willed to me and my siblings after my mothers passing over 27 years ago.
My uncle is now 85 years old and now states that the property was never meant to go to my mother, only the house.
the land is in Utah. What chance does he have to take the land from us??
Was your grandmother's estate fully probated 40 years ago, and was your mother's estate fully probated 27 years ago? Were deeds properly executed to transfer ownership of the land to your grandmother, then to your mother, and then to you and your siblings?

If so, I don't see how your uncle could change anything now.
 

latigo

Senior Member
I have notified that my uncle is trying to change my grandmothers probate settlement (that he and my aunt signed in 1974). In my grandmother's settlement, her estate was left to my mother. This included a house and a parcel of land (the land had not yet been deeded to my grandmother at the time of her passing ?). This property has been willed to me and my siblings after my mothers passing over 27 years ago. ?

My uncle is now 85 years old and now states that the property was never meant to go to my mother, only the house.
the land is in Utah. What chance does he have to take the land from us??
Just a couple of minor details to clear up here, but curiously. . .

First, how did the property in question manage to be come an asset of grandma's decedent estate if it wasn't deeded to her during her life time?

Like you say, grandma's estate may have been left to your mother, but it could not have included land that she did not own at the time of her death.

Second, how did your mother manage to "will" the property to you and your siblings after her passing? (We are talking about terrestrial events, or are we?)

Third, which ward is your uncle in? (And I don't mean which LDS Ward. I mean a ward in the former Territorial Insane Asylum in Provo. Now named The Utah State Hospital for the Insane.)
 

joaverage

Junior Member
Thanks for your interest, and advice
The property was willed to my grandmother by a relative. My grandmother out lived the property owner At the owners passing, the property was then deeded to my grandmother. And is still in grandmas’ name (it could have been deeded to her before her death).
When grandma passed in 1974, my mother, aunt and uncle, agreed that grandmas estate would go to my mother. At the time of grandmas death, this included a house and although not specifically listed in the final account, grandma also owned the parcel of land.

The land was never put into my mothers name.
When mom died in 1986 we siblings agreed to divide moms estate as follows. the house will go to a sister and the land will go in equal shares to the remaining siblings. The hose was deeded to my sister, and the land was never changed out of grandma name.

Now the uncle and aunt are stating that grandmas estate, although not stated in the final settlement, was intended to be split three ways with the hose going to mom and the property going in equal shares each to them.

And yes, he is in Utah county.
 

latigo

Senior Member
To be short and sweet, you and your siblings need to retain an attorney.
Definitely! And better yet a member of the Church's 15 Apostles! Then if quieting title fails it can be Ordained. And if the uncle squawks, he can be excommunicated.
 

TigerD

Senior Member
Definitely! And better yet a member of the Church's 15 Apostles! Then if quieting title fails it can be Ordained. And if the uncle squawks, he can be excommunicated.
I don't understand your attacks on the OP merely because of the Utah connection. Are you attempting some backhanded form of hate speech and failing? Regardless, you are coming off in a terribly offensive manner.

DC
 

anteater

Senior Member
I don't understand your attacks on the OP merely because of the Utah connection. Are you attempting some backhanded form of hate speech and failing? Regardless, you are coming off in a terribly offensive manner.

DC
Oh shoot... Lats has been terribly offensive to residents of all 50 states, the District of Columbia, and, I think, all the Territories at one time or another. (As I recall, Louisiana was a particularly fruitful target. Something about the Robertsons not sending a complimentary Duck Call.)

Lats wouldn't be Lats otherwise.
 

joaverage

Junior Member
As I enjoy the jocularity. I am admittedly legally inept; I am looking for, and do intend to get legal representation.
I live on the east coast and came to this site looking for some local/ knowledgeable insight.
I am hoping to get some useful information as to what legal chances my uncle may have to actually revert the estate settlement.
thanks for your help.
 

LdiJ

Senior Member
As I enjoy the jocularity. I am admittedly legally inept; I am looking for, and do intend to get legal representation.
I live on the east coast and came to this site looking for some local/ knowledgeable insight.
I am hoping to get some useful information as to what legal chances my uncle may have to actually revert the estate settlement.
thanks for your help.
It would have been better if the deed had been transferred to your mother at your grandmother's death. The fact that it wasn't complicates things.
 

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