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My grandfather started a company that was sold in 1999 for

 
David Kennett's Avatar
  • Answered by:David Kennett
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Customer Question

My grandfather started a company that was sold in 1999 for $65,000,000.

My uncle stole it from him for $100,000 (which he never actually paid in full). After the sell in 1999, my uncle pocketed about $64,500,000 and gave away the other $500,000. My mother didn't see a penny of that.

My grandfather died a few months later (in Jan. 2000).

My mother never saw the will even after asking for it multiple times.

I told her to take my uncles (the other of which was the executor) to court. She refused to do so as he is her "blood brother".

Do I have any claim, as a potential partial heir to any inheritance, to file legal action in court to order the production of the will? If so, has the statute of limitations lapsed?

Thank you.

 

Optional Information:
State/Country relating to question: Utah

Already Tried:
Found a law firm that would take my mother's case on contingency but she refused to proceed.

Submitted: 515 days and 14 hours ago.
Category: Estate Law
Value: $25
Status: CLOSED
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Expert:  David Kennett replied 515 days and 13 hours ago.

DearCustomer- If your mother refused to challenge the estate at the time of your grandfather's death then you would have no right to do so since she, not you, would have been the legal Heir at that time. Once the estate was closed then it would be too late to challenge the distribution and you would not have inherited even if there had been no will or whether your grandfather would not have sold his interest to his son. His estate would have gone to your mother and her brother or to your grandmother if she was living at the time but under none of these scenarios would you have inherited so you would have no standing to challenge the will then or now. The Statute of Limitations would be irrelevant since you would have no claim to the estate.

Customer replied 515 days and 13 hours ago.

My grandmother had deceased and my grandfather was living in an assisted living center. My uncle did absolutely nothing to provide any better care for them...

So it is absolutely too late for my mother to do anything legally at this point then?

Thank you.

Accepted Answer

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Expert:  David Kennett replied 515 days and 13 hours ago.

Yes, once the estate was closed she could not contest the will. Even under some contract theory the statute of limitations in Utah is 6 years so you are well beyond that point.

Expert TypeAttorney
Category: Estate Law
Pos. Feedback: 98.2 %
Accepts: 3480
Answered: 12/1/2011

Experience: 25 years practicing attorney

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