Legal Question in Wills and Trusts in Utah

My mother passed away June 5, 2009 from complications of brain cancer. While she was alive, for years, she had always told me that she had some money put away for her children, has packages with our names on them, and other misc personal items and jewelry she wanted her children to have in the event of her death.

She married my step-father in 1986. During their marriage according to my mother, he demanded that they maintained separate checking/savings accounts. My mother said this was due to a �bad experience that he had had with his former wife�. This always bothered my mother but to keep the peace she agreed and did so for 23 years. He made my mother pay her own way through their marriage, paying for what ever she was told to. What ever was left she could spend on whatever she wanted. This rubbed my mother so much the wrong way that she was always very protective and careful with these accounts as to not let her husband have access to them.

He had his own accounts as well, but my mother never felt she could obtain or even ask for any of these funds without a bad reaction from her husband. In fact I asked my mother what would happen if he suddenly died. How would she get by? Her response was that �his children would probably get everything�.

During the final stages of her illness, her mind faltered terribly, her speech was problematic and she had difficulty comprehending the simplest things. However during this period of time it was discovered that my stepfather drove her to the bank and made her add him as a signer on her bank accounts. Under normal circumstances my mother NEVER would have done this. I am positive she was totally taken advantage of..

As of this date, my stepfather has not offered to give us all of the things my mother wanted us to have. He already has a new girlfriend and is moving on with his life. We would like to have some closure and do the same. Do her children have the right to have some sort of accounting of her belongings, her past bank statements, etc? How can we get him to provide this information?


Asked on 12/07/09, 2:49 pm

1 Answer from Attorneys

Alvin Lundgren Alvin R. Lundgren, L.C.

You can open probate, be appointed to be the personal representative and demand an accounting from step father. You will have to prove that he took advantage of her to get information and whatever cash she had in her accounts. You can also use the power of the court to get the personal items to which you are entitled. You may call for a free consultation.

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Answered on 12/12/09, 7:06 pm


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