Utah Judge Rules Against Josh Powell Family in Estate Case

A 3rd District Court judge on Wednesday prevented the family of Josh Powell from collecting any more money from his estate, saying they waited too long to challenge changes to his legal trust.

The ruling prevents the Powells from collecting the assets in Josh and Susan Powell’s trust when Susan is declared dead, probably in December. 

 

That trust, and a related conservatorship, will include $2.3 million in life insurance awards, which have been accumulating interest, and the couple’s house in West Valley City.

 

Terrica and Alina Powell — Josh’s mother and sister, respectively — are likely to appeal. Their Salt Lake City attorney, Joshua Lee, declined to comment Wednesday.

 

While Judge L.A. Dever ruled in favor of Chuck and Judy Cox, Susan Powell’s parents, he found problems with how they came to manage their daughter’s estate.

 

Dever said Chuck Cox should not have been put in charge of the estate. The terms of Josh and Susan Powell’s legal trust said a trustee could be appointed only if they were dead or incapacitated.

 

While Josh Powell is dead, Susan Powell has never been found, and Chuck Cox did not provide documentation from two doctors saying his daughter was incapacitated, as required by the terms of the trust. Once he gained stewardship of the trust, Dever said, Chuck Cox did not have authority to remove the Powell family as beneficiaries.

 

Yet, 3rd District Judge Katherine Bernards-Goodman granted Chuck Cox conservatorship over the trust on Jan. 30, 2013. Utah law provided the Powell family 30 days to challenge his appointment.

 

The Powells did not file any such challenge until Sept. 13.

 

Despite errors he said were made by the Coxes, Dever let stand their booting of the Powells.

 

Full Article and Source:
Utah judge rules against Josh Powell’s family in estate case

 

See Also:
Utah Judge Postpones Ruling on Susan Powell Estate Dispute