Denver, CO asked in Estate Planning and Probate for Utah

Q: My mother left me all of possessions which include basically everything in the house. I'm leaving everything in place

until my father dies. My problem is that my brothers and their wives and children are stealing things from my father's house and they are the things my mother left me. I would like to charge them the replacement value of the item from the trust since I can't seem to get them to stop their stealing. I've even reported them to Elder Abuse about them raiding my father's house. Can I charge the trust with the replacement value of the items they have stolen?

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1 Lawyer Answer

Wesley Winsor

Answered
  • Estate Planning Lawyer
  • Saint George, UT
  • Licensed in Utah

A: Hi,

I am sorry for your predicament. Who is the trustee of the trust? It is the trustee's job to safeguard the property. If they are not doing their job, then your action would be against the trustee. He or she has a fiduciary duty to possess and safeguard the property.

Wes

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