Tooele, UT asked in Estate Planning for Utah

Q: If I am the successor, and someone out of the family gives away my father's belongings how do I get them back?

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1 Lawyer Answer
Wesley Winsor
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Wesley Winsor
Answered
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: When you say you are the successor trustee are you saying that the original trustee died and now because you were the successor trustee you are currently the trustee?

If you are the trustee and someone else has given away some of the trust property without authority, then that person has stolen from the trust estate. You as a trustee have a duty to preserve and protect the trust property.

Just as if someone had stolen a car from you, you can contact the police if needed to recover the property, I would try to do so amicably first, but you can enlist the services of the police to help you. If there are questions as to who actually owned the property then you can file a civil suit for conversion of property as well. I hope this helps. If you can't get it done by talking, or by enlisting the police, then you should probably get an attorney.

Good luck.

Wes

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