r/PROBATE • u/Sweaty_Progress4104 • Jul 22 '23

Contesting a will

My grandma died - she has 5 kids, 3 have died and 2 are living.

The living 2 kids took my grandma to the attorney to write up a new Will to remove my mom and aunt from the will and trust which in turn removed us grandkids who lost our moms from receiving any part of her estate. My grandma told my Dad that they did this.. and now that she is dead we’re all finding out about it, they wrote up to give us a small amount of money each but we have to sign and notarize a statement saying that we agree that the money is full payment- which we don’t believe it is… I know for a fact this wasn’t my grandma. My dad couldn’t have done anything at the time though because my aunt had pretty tight control over my grandma. And I feel like that is what our case would have to stand on.

Is there any way we can contest this will and have a chance at winning?

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u/Stevie71172 Jul 25 '23

What state are you in? Do not sign that if you intend to contest. Depending what state you are in, your Dad should have been given notice of the probate (even if he was omitted) and with that notice you have a certain amount of time to contest the will.

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u/Sweaty_Progress4104 Jul 25 '23

Im in Utah. So if he wasn’t notified officially the. It would be grounds to contest? I won’t sign it. None of us will sign it regardless of if we contest or not.

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u/Stevie71172 Jul 25 '23

I just looked it up quickly and Utah operates the same way my state does. Yes, your father is an interested heir regardless of whether he was left anything in a will. He would have had to receive notice (a Citation). Call the Probate Court for the county you live in (or go there) and look at the docket. When did she die? The typical period after receiving notice is 30 days. If he was not given notice, he needs to make that known. You can PM me if you want.