Legal Question in Real Estate Law in Utah
My mother become the trustee of a family trust upon my father's death 14 years ago. 3 years ago she had an automatic renewing, furnished property lease drawn up for her and her husband of five years, to the property that they currently reside in 6 months a year. The property is owned by the family trust. Attached to the lease is an inventory list as a schedule 'A". The list has no qualities, descriptions or identification of items. It gives items like beds, dishes, drapes, spoons and paintings, but the lines next to each item are blank. Mother is terminally ill and upon her death I become the trustee of the family trust. I understand that her intent was to have her husband be allowed to stay in the property until his death. However, I would like to remove the paintings, the china set my father bought my mother and other items my parents collected together that might be considered 'furnishings'. Does the inventory list require that what is currently in the property remain, or only that the property have drapes, paintings, and dishes? Am I within my rights, for example to take out a dining room table and replace it with a different table? Or remove the paintings, some done by my grandfather, while the lease is in effect?
1 Answer from Attorneys
An examination of the trust and related documents will be required to answer your question.
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