Legal Question in Wills and Trusts in Utah

Asset Protection

My mother in law had a stroke and lost some competancy. She has met someone on the internet and wants to get married. She has a will, will get a pre-nuptial and has her assests in a trust with my wife as the co-executor. How do we prevent the new husband from changing all of these legal documents once they're married and he has more influence than us. We think he is trying to take her money. Is there any way to make it impossible for her to sign legal documents other than being declared incompetent?

Thanks


Asked on 6/18/07, 7:01 pm

1 Answer from Attorneys
Randy Lish Randy M. Lish, Attorney at Law

Re: Asset Protection

The only way to prevent your mother from changing her documents is to have her declared incompetent some time after she gets her trust drafted. The trust is usually the best way to protect assets in case of a second marriage, but the weakness is that the trustor (your mother, the person who set up the trust) can change the trust terms at any time, unless she sets up an irrevocable trust, or is declared incompetent.

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Answered on 6/19/07, 9:49 am


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