Legal Question in Wills and Trusts in Utah
"Our sibling 'Trustee' of our estate,
decided to take her portion out. We
asked her to return it, or face Felony
charges. She says Possession is 9/10 of the law. Who win's this??
Asked on 7/21/10, 8:31 pm
1 Answer from Attorneys
Paul Jones
Paul W. Jones Attorney LLC
You cannot bring criminal charges as a private citizen. A prosecutor has to file charges. However, trustee's have fiduciary duties that they must abide to. Thus, if she acted inappropriately under the terms of the trust or under state law she will be liable for damages. The primary issue to consider here is that if she won't agree to some mutually satisfactory resolution you will have to enforce your rights in civil court which can be expensive. Let me know if I can be of further assistance.
Answered on 7/22/10, 7:18 am
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