Legal Question in Wills and Trusts in Utah
How to enforce a Trust?
In his Trust, my father left all his assets (about 1 million) to the support of his second wife and to his children upon her death. She has transferred nothing to the Trust and instead has been spending them at an enormous rate. It has been 2 years. She was to have placed the assets in the Trust. Instead she has spent $200,000. We have tried reasoning with her to no avail. How can we get the terms of the Trust enforced? Should I file an injunction to prevent her spending more until the Trust is funded and we can provide for her according to the terms of the Trust? What is the first legal step and how do I do it?
3 Answers from Attorneys
Re: How to enforce a Trust?
You need to file a complaint with the court asking that she be removed as trustee for failure to follow the trust agreement, and have another trustee (usually yourself or another sibling) instead. You will almost certainly need an attorney to help you take care of this problem. Please call me if you have any questions.
Randy M. Lish
Re: How to enforce a Trust?
The answer to your question requires some knowledge of the assets and details of the trust. I do a lot of trust work, you are welcome to call for a free consultation.
Re: How to enforce a Trust?
You need to file an action for breach of fiduciary duty. You also have a right for an accounting, but may have to go to court to get it. Depending on the terms of the trust she may have certain distribution rights, so before you go directly to court I would have an attorney read the trust and give you an assessment.
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