The Powell family have filed a motion with the courts stating they want a neutral third party to be the conservator of Susan Powell’s estate. Why?
Chuck Cox, Susan’s father is currently the conservator and according to the Salt Lake Tribune, if they can bounce him and put in a neutral party, they have a better chance of going after the $3.5 million in life insurance policies.
For those of you that may not remember Susan Powell went missing in 2009. Her husband, Josh Powell told authorities he took their two sons camping in freezing temperatures to the Tooele County Desert around midnight and when they returned Susan was not there. He became a person of interest in her disappearance all the way up to his death when he slammed the door on a social worker that was bringing his son’s to his home for a visit and them blew up the house, killing himself and his children. Chuck Cox and his wife had custody of the boys after the state took custody of them in 2011 when child pornography was found in Josh’s father’s home where he was living with the two boys.
Terrica and Alina Powell, Josh’s mother and sister are fighting for the life insurance because they say that Cox became conservator after the fact, and Cox did not have the authority to do that.
Third District Judge L.A. Dever stated, “I’m not saying he can’t act as conservator for her estate, the question is can he modify the trust?”
A Washington probate judge named Chuck and Judy as owners of the home that was in Susan and Josh’s name and then the Coxes went to a Utah judge to change the home’s title in 2012, which held them responsible for the mortgage on the home. It was a Washington judge who named Chuck and Judy as the administrator of the grandson’s estates. This is probably because they received full custody of the boy’s.
Josh changed the beneficiary’s to the life insurance many times before his death. In the end it listed his siblings as beneficiary’s, but the insurer told the courts they were not sure who the rightful owner of the life insurance proceeds were because of Josh’s role in the children’s deaths.
“If Joshua Powell is considered a slayer within the meaning of the law, he is clearly not entitled to the proceeds of either the children’s riders or Susan Powell’s insurance policy,” the filing stated. It also stated because Washington is a community property state, Josh could not give away the proceeds of the property without Susan’s consent, and it should go into the trust.”
Cox’s attorney Anne Bremner told Dever that the Powell’s had challenged the conservatorship in Washington and lost and their going to a Utah court to do the same thing was “venue shopping.”