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Attorneys fight another round over Susan Powell trust money

Published: Wednesday, May 28 2014 4:35 p.m. MDT

Chuck Cox, left, describes the search for his missing daughter as he stands with attorney Anne Bremner during a news conference Tuesday, May 21, 2013, in Seattle. Saying that there is no reason not to believe he will fulfill his duties as conservator of his daughter's estate appropriately, attorneys for Cox have fired back at Alina and Terrica Powell.

Elaine Thompson, Associated Press

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SALT LAKE CITY — Saying that there is no reason not to believe he will fulfill his duties as conservator of his daughter's estate appropriately, attorneys for Chuck Cox have fired back at Alina and Terrica Powell.

Last week, a U.S. District judge issued an order about who should get the money from three separate life insurance policies tied to Josh Powell and his missing wife, Susan Cox Powell. But a trust established by Josh and Susan Powell remains in dispute in Utah.

Currently, Cox is the sole benefactor of the trust and would receive 100 percent of the money, or about $2.3 million. Terrica Powell, Josh Powell's mother, would still receive more than $756,000 from the other policies.

But Terrica Powell and Alina Powell, Josh Powell's sister, contend they were illegally removed from the trust and are challenging the issue in court. At the very least, they want the court to require Cox to obtain court approval for any expenditures or distribution of conservatorship assets.

In new court papers filed Wednesday, Cox's attorney argues that the conservatorship and trust are good the way they currently are, and that his client has not embezzled and will not misappropriate funds.

"The Powells had no factual basis for their motion so they founded it instead upon insult. The conservator has shown completely appropriate regard for all of his responsibilities in acting in the best interest of the estate. He has suffered immense loss and does not deserve such unfounded invective. There is no basis to assert he will do anything other than perform his duties appropriately in the future," Cox's attorneys wrote.

"The Powells’ motion is baseless and serves no other purpose than to harass and waste time and resources. It should be denied."

Susan Powell went missing from her West Valley home in late 2009. Investigators believe her husband killed her. Josh Powell murdered their two young sons and killed himself in 2012.

Email: preavy@deseretnews.com

Twitter: DNewsCrimeTeam

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