Utah Judge Postpones Ruling on Susan Powell Estate Dispute

The family of Josh Powell on Tuesday again asked a 3rd District Court judge to return them trustees of Josh and Susan Powell’s estate.

Judge L.A. Dever said he will issue a written ruling later, but he denied a motion from the Powell family attorney to require the Coxes to post a surety bond to safeguard against mismanagement. Dever said there was no evidence Chuck Cox, Susan Powell’s father, had thus far mismanaged any holdings.

 

The families of Josh Powell and his missing wife Susan are arguing over who should be the trustees and beneficiaries of two legal entities holding the couple’s assets: a conservatorship and a trust. The conservatorship is holding Susan Powell’s assets while she remains missing. The trust holds the joint assets of Josh and Susan Powell that were to be distributed in the event both of them died.

Together the trust and conservatorship hold about $2.3 million in life insurance proceeds, which are accumulating interest, as well as the Powell home in West Valley City.

Chuck Cox is the conservator for this daughter and used that authority to change the terms of the trust. Terrica and Alina Powell — Josh’s mother and sister, respectively — contend the terms of those agencies were illegally changed to remove them as trustees or beneficiaries.

Their Utah lawyer, Joshua Lee, said being conservator of Susan Powell’s estate does not give Cox all the powers that his daughter had, and only Susan Powell had the authority to amend the trust.

"A conservator can amend the trust only in the case of incapacity," Lee told Dever, citing the terms of the trust.

Lee also accused Cox of having a conflict of interest because he used his authority as conservator to make his wife and himself the lone trustees. Lee said Cox is "lining his own pockets."

But Cox’s attorney, Ted Buck, told Dever that Cox has an obligation to do what is best for his daughter, and much has changed since the trust was written in 2009. ''

Susan Powell, 28, disappeared from her West Valley City home on Dec. 6, 2009.

Her husband, Josh Powell, 35, was investigated by police, but never charged.

Josh Powell killed his two children and himself in 2012 at a home in Graham, Wash.

 

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Utah Judge Postpones Ruling on Susan Powell Estate Dispute