Legal Question in Wills and Trusts in Utah
If a personal representative of an estate removed the decedents name as member of a company and replaced it with their name (putting the interest of the business in their name) and did not reveal this until we brought it to the Estates attention (10 months later), what actions can we take to reverse this or remove this PR.
2 Answers from Attorneys
This action could be proper if the interest is held for the estate as he is the PR. If he is just taking the interest, this is improper. In that case you would need to do one of two things. The first would be to confront him and ask that the interest be distributed appropriately. The second would be to commence an action in the probate court to remove him. Let me know if you would like to have a phone call about this.
You should demand an accounting of the PR (which the PR should be providing regularly to the beneficiaries) of the details of why and what actions were taken. The PR has a duty to represent the estate of the deceased not the PR's personal interests. The beneficiaries may have the right to remove the PR if the PR has not be acting properly. The process to remove the PR is done through a petition to the court.
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