Legal Question in Wills and Trusts in Utah

My dad, aunt, and second cousin attempted to break a trust fund set up by my great aunt. Her will states that anyone who attempts to defeat or change the will would recieve one dollar. But the will did not say who would get the money in their stead. The will says that if the beneficiary were to die then the beneficiaries children would receive the trust free and clear but the no-contest provision doesn't say who would get the trust if all beneficiaries attempted to break the trust and did not succeed. It is in my opinion that the bank and the lawyer who wrote up the will have taken advantage of my elderly great aunt and they are benefiting from the trust fund and that is why they did not seek to give the beneficiaries only one dollar (as the will states) when they tried to break the trust, instead they have kept the trust in tact. My question is would I have a case to try to claim my dads portion of the trust fund?


Asked on 1/03/10, 11:49 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

This cannot be determined with out reading the trust and understanding all of the facts. If you can get a copy of the trust, you may call for a free consultation.

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Answered on 1/09/10, 8:50 am


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