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How can we get property back that has been awarded to my diseased husband's trust without notification to me?

Location: Utah  |  Law type: Real estate attorneys

This concerns my wife, Herminia Smith – she goes by Minnie.

Before they were married, my wife's diseased husband, Grant Hansen, owned a great deal of property in Duchene, UT.  After their marriage they built a home at 4972 W. Woodacre Rd, West Jordan, UT  84081, which they owned joint tenant.  In 2002 they wrote a Will in which the house was specifically left entirely to the survivor.  The property in Duchene was left entirely to the children Grant had from a previous marriage.  Grant died in 2003.  The Will was not probated when Grant died.

In April 2021 Minnie was visited by a lawyer, Deborah Stewart of Stewart, Kinikini, & Vieira PLLC, representing the Grant Hansen Trust.  She had two probate papers (both labeled Probate No. 153900986) with her that she said had to do with mineral and water rights with the Duchene properties.  She wanted Minnie to relinquish any claim she might have on them.  Since Minnie had already relinquished any rights to the Duchene properties, and since she trusted Deborah when she said they only had to do with the Duchene property, Minnie signed the papers.

Neither paper directly referenced Minnie’s house.  We later found they had used those two probate papers to generate a third probate paper with the same Probate No.  This Probate paper did specifically reference Minnie’s house.  Minnie was never shown this third Probate paper.

A few weeks ago, Minnie and I went to the Recorders Office to have the name on the title to the house changed from Hansen to Smith.  We were told that the Grant Trust had convinced a judge to move Minnie's property into the Grant Trust in August 2021, and that Minnie no longer owned her home.

We believe the Hansen Trust used the two Probate papers signed by Minnie, together with the third Probate paper they generated, plus an unprobated will dated March 5, 1982, to take advantage of Minnie’s trusting nature through deception and fraud.  They ignored the Will written in 2002, which should supersede the 1982 will.  We believe that Deborah Stewart performed an act of deception and fraud by having Minnie’s property placed into the Hansen Trust.

Is there anything you can do to help us?

Thank You,

Steven Smith

801-502-6482

 

 

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