My question involves estate proceedings in the state of:Utah
My father passed 2018 at the age of 97. In 1993 he and my mother, (died 2002) made a A B trust naming each other survivor trustees, and specifying that the trusts would become irrevocable at the death of the first to die, including naming the trustee(s). In 2014, my dad, used a clause that allowed him to remove: "$5000, or 5 percent, in a given year, up to the total amount for support" to mean he could eliminate the trust in it's entirety; should be noted, he had plenty of other resources, and had said he wanted the properties that he was removing from the trust to be held in perpetuity as a legacy, (family ranch). Trustee knew this could not be done legally, was an expert accountant in the field of trust law ect. But he and his best friend, an attorney, convinced my father that he didn't need the consent of the beneficiaries, and built a new trust on that assumption. He had my dad name the attorney the successor trustee, and now refuses to allow discovery of any documents. I understand that there should have been a document signed by my father, showing he understood that there could be conflict of interest with this arrangement,, I understand there is a responsibility to the beneficiaries as a successor trustee, to protect the interests of the beneficiaries. There are many different parts to this story.
I filed a claim against the estate, the trustee filed for the court to rule on the validity of the trust. They hired a top gun trust attorney to cover up their mistakes. (and charge it to the estate)