Woodbury & Ybarra

Woodbury & Ybarra Utah law firm specializing in estate planning, probate litigation and administration since 2013.

The probate process is over. The court approved everything. Assets have already been distributed.Then someone in the fam...
09/01/2026

The probate process is over. The court approved everything. Assets have already been distributed.
Then someone in the family says: "I don't think that will was right. Can we still do anything?"
Here's what most people don't know: probate being "granted" isn't the same as a will being permanently unchallengeable. In many states, a will can still be contested after probate — but only if two things are true:

1️⃣ You're still within your state's filing deadline (often just months, not years) 2️⃣ You have a recognized legal ground — like lack of capacity, undue influence, fraud, or improper ex*****on

Simply disagreeing with the outcome isn't enough. Courts want to see real evidence of one of these specific issues.

Every family's situation is different, and the facts — how much time has passed, what state you're in, what evidence exists — all matter.

If you're wondering whether it's too late to question a loved one's will, we're here to help you understand your options.

📞 385-230-7770 🌐 www.woodburyandybarra.com
Mention this post for a free consultation.

This post is for educational purposes only and is not legal advice.

You're reading a loved one's will, and something feels wrong. Maybe someone became suddenly involved in their life near ...
08/27/2026

You're reading a loved one's will, and something feels wrong. Maybe someone became suddenly involved in their life near the end. Maybe a decision seems completely out of character. Maybe you're asking: "Did they really make this choice freely?"

One of the biggest misunderstandings about challenging a will: it's not enough to just believe the outcome was unfair. The real question courts ask is whether someone improperly influenced the decision — not whether it feels fair.

Undue influence isn't just "someone talked them into it." Persuasion is a normal part of family life. The question is whether someone crossed a line and overpowered the person's own wishes.
Some factors that may raise questions:

⚖️ Was the person vulnerable in some way? ⚖️ Did someone have significant control over their daily life? ⚖️ Was there a sudden, unexpected change to the estate plan? ⚖️ Did the person benefit in a way that seems unusual? ⚖️ Was the person isolated from family or trusted friends?

None of these alone proves undue influence — but together, they may be part of a bigger picture.
Common mistake: assuming being left out of a will, or an unusual decision, automatically means something went wrong. People are allowed to change their minds and their estate plans.

📞 385-230-7770 🌐 www.woodburyandybarra.com
Mention this post for a free consultation.

This post is for educational purposes only and is not legal advice.

Somebody just handed you a job you never applied for. Maybe it was in the will. Maybe the court just appointed you. Eith...
08/22/2026

Somebody just handed you a job you never applied for. Maybe it was in the will. Maybe the court just appointed you. Either way, you're now the "personal representative" of someone's estate — and you have no idea what that actually means you're supposed to do.
Here's what surprises most people: it's not one task. It's not just "pay the bills and hand out the money." It's a job that can stretch on for months, involves real legal responsibility, and — if you get it wrong — you can actually be held personally liable.

Here's the general breakdown:
1️⃣ Get formally appointed by the court (you can't act right away, even if you're named in the will) 2️⃣ Take inventory of everything the estate owns 3️⃣ Notify creditors and pay legitimate debts BEFORE distributing anything 4️⃣ Handle required tax filings 5️⃣ Manage and protect estate assets throughout the process 6️⃣ Distribute what's left to beneficiaries 7️⃣ File an accounting and formally close the estate

A common mistake: distributing money to family quickly because everyone's eager — before debts and creditor claims are resolved. That can create real legal exposure for YOU personally.
If you've just taken this on, it's completely normal to feel in over your head. You don't have to navigate it alone.

📞 385-230-7770 🌐 www.woodburyandybarra.com
Mention this post for a free consultation.

This post is for educational purposes only and is not legal advice.

Finding out that a loved one's will — the document meant to carry out their final wishes — may not be real is a gut punc...
08/17/2026

Finding out that a loved one's will — the document meant to carry out their final wishes — may not be real is a gut punch. Maybe a signature doesn't look right. Maybe you suspect someone created a fake will to benefit themselves.

A lot of people assume this is just a family dispute over inheritance. It's not. A forged will can carry serious legal consequences, both in probate and potentially criminally.

Here's what's important to understand: there are actually TWO separate issues at play. 1️⃣ What happens to the estate 2️⃣ What happens to the person who allegedly created or used the fraudulent document
These are connected, but they're not the same thing — and a lot of people only focus on #1.

It's also important to know: a will dispute isn't automatically a forgery case. Forgery requires a deliberate act of deception — like falsifying a signature or altering a document without authorization. Disagreeing with a will, or questioning whether someone understood what they signed, is a different legal issue entirely.
Penalties for forgery can include criminal charges, financial penalties, and civil consequences — but the exact outcome depends on the state and the specific facts.

If you suspect a will may not be authentic, that situation deserves careful review, not assumptions.
📞 385-230-7770 🌐 www.woodburyandybarra.com
Mention this post for a free consultation.

This post is for educational purposes only and is not legal advice.

Can a non blood relative contest https://youtu.be/UvqGBUojTKo"Only blood relatives can contest a will!" It's one of the...
08/13/2026

Can a non blood relative contest
https://youtu.be/UvqGBUojTKo

"Only blood relatives can contest a will!" It's one of the most common assumptions in probate, and it's not always true.
What actually matters is legal standing - whether you have a recognized legal interest in the estate. That can potentially include:
👤 A long-term partner who was never married to the deceased
👤 A stepchild who was never legally adopted
👤 Someone who was financially dependent on the deceased
Being "close" to someone emotionally isn't the same as having a legal right to their estate, but being left out of a will doesn't automatically mean you have no options either. It all comes down to the specific facts, and probate deadlines are strict, so time matters.
Not sure where you stand? The attorneys at Woodbury & Ybarra offer free consultations. Mention this post when you reach out. 📞 (801) 203-0297 🌐 woodburyandybarra.com
Educational content only, not legal advice

You're a beneficiary of a trust. Money that's supposed to come to you. And the trustee — the person in charge of it — is...
08/12/2026

You're a beneficiary of a trust. Money that's supposed to come to you. And the trustee — the person in charge of it — isn't distributing it. Or they're spending trust money on things that don't make sense. Or you simply don't trust the numbers anymore.
Can you sue them? Short answer: yes, you can.

But here's what almost nobody understands going in: not every disagreement with a trustee is something a court will act on. There's a specific legal line between "I don't like this decision" and "this decision breaks the law."

Trustees are held to a fiduciary duty — meaning they have to act in the beneficiaries' best interests, not their own, and follow the trust document. A few things that CAN cross the line into a breach:

⚖️ Self-dealing — using trust money for their own benefit ⚖️ Mismanaging trust assets ⚖️ Refusing to provide an accounting ⚖️ Failing to distribute assets as the trust instructs ⚖️ Playing favorites among beneficiaries

But making a conservative decision you wouldn't have made? Usually not a breach — trustees are typically given some discretion.
If something about how a trust is being handled doesn't sit right with you, that instinct is worth taking seriously.

📞 385-230-7770 🌐 www.woodburyandybarra.com
Mention this post for a free consultation.

This post is for educational purposes only and is not legal advice.

How to get power of estate after death?https://youtu.be/m2-eKg_nfkcYou're named executor in the will. So why is the bank...
08/10/2026

How to get power of estate after death?
https://youtu.be/m2-eKg_nfkc

You're named executor in the will. So why is the bank saying no?
Here's what surprises most people: being named in a will doesn't automatically give you legal authority. Not the day someone dies — not even the day you read the will aloud.
Two very different paths determine what happens next:
📜 Will (or no will): You have to petition the probate court to be formally appointed. Only after a judge signs off do you get "Letters Testamentary" — the document institutions actually require.
🗂️ Revocable living trust: If assets were properly funded into the trust, the named successor trustee can typically act right away with just a death certificate and the trust paperwork — no court involved.
Same goal, completely different roads. Which one applies to you depends on how the estate was set up.
Feeling overwhelmed figuring out your role? Watch our youtube video to find out more! The attorneys at Woodbury & Ybarra offer free consultations when you mention this post. 📞 (385) 230-7770 🌐 woodburyandybarra.com
Educational content only, not legal advice.

What happens if a will is found to be invalid?https://youtu.be/T6WiHZslL0AA will just got declared invalid. Now what? D...
08/08/2026

What happens if a will is found to be invalid?
https://youtu.be/T6WiHZslL0A

A will just got declared invalid. Now what? Does everything go to the closest relative? Does the court just decide what's "fair"?
Here's what actually happens:
📄 If an earlier valid will exists, that document may take over and control the estate
📄 If no other valid will exists, the estate is distributed under the state's intestacy laws: rules that determine inheritance based on family relationships
A few myths worth clearing up: courts don't rewrite a will based on what "seems fair," an invalid will doesn't always mean starting the process from scratch, and successfully challenging a will doesn't automatically mean you inherit, those are two separate legal issues.
Every situation depends on the specific facts and your state's laws. Don't assume your case will play out like someone else's.
The attorneys at Woodbury & Ybarra specialize in exactly this. Free consultation when you mention this post. 📞 (385) 230-7770 🌐 woodburyandybarra.com

Educational content only, not legal advice.

Who are the legal heirs of a deceased person?https://youtu.be/gz0iXi1tH80"My spouse automatically gets everything." "My ...
08/07/2026

Who are the legal heirs of a deceased person?
https://youtu.be/gz0iXi1tH80

"My spouse automatically gets everything." "My kids automatically inherit." Sound familiar? These assumptions aren't always true.
When there's no will, the law decides who inherits through intestate succession — and it doesn't always match family expectations:
👪 A spouse may have to share the estate with children, depending on the state
👪 Stepchildren generally do not inherit unless legally adopted
👪 The hierarchy typically runs: spouse/children → parents → siblings → more distant relatives
The exact rules vary by state, and even small differences in family structure can change who legally qualifies as an heir. Watch our youtube video to find out more.
Don't assume, find out where you actually stand. The attorneys at Woodbury & Ybarra offer free consultations, mention this post when you reach out. 🌐 woodburyandybarra.com (385) 230-7770
Educational content only, not legal advice.

What are the grounds for contesting a will?https://youtu.be/k21_9GImNGs?si=qCKsqSzLnCzSKwrt"The will just doesn't seem r...
08/04/2026

What are the grounds for contesting a will?
https://youtu.be/k21_9GImNGs?si=qCKsqSzLnCzSKwrt

"The will just doesn't seem right..." Is one of the first thoughts people have during probate. But here's what surprises most people: you can't contest a will just because it feels unfair. Courts require specific legal grounds.
The main reasons a will can actually be challenged:
⚖️ Lack of capacity — the person didn't fully understand what they were signing
⚖️ Undue influence — someone pressured or manipulated them
⚖️ Fraud or forgery
⚖️ Improper ex*****on — signing/witnessing requirements weren't followed
⚖️ Revocation or conflicting wills
Family conflict or suspicion alone won't hold up: courts need facts, not feelings. And the rules vary by state, so the details of your situation matter more than you'd think.
If you're questioning a loved one's will, don't guess! Talk to someone who knows probate law. Mention this post to Woodbury & Ybarra for a free consultation. 📞 (801) 203-0297 🌐 woodburyandybarra.com
Educational content only, not legal advice.

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