Abbott Law Blog

Since 1997, Donald and Jeanette Rawlings have been involved in litigation with their siblings over ownership of property located just west of the freeway and at about 400 South in Orem, Utah.  Donald Rawlings claimed that his father had transferred the land to him several decades ago in exchange for Donald paying off some of his father’s debts.  His siblings claimed that the father transferred the propety to Donald to hold in trust for the benefit of all of the children.

A trial was held in 2005 and Judge Howard found the siblings to be more credible.  Judge Howard concluded that the property belonged to all of the children.  Donald Rawlings appealed.  The Court of Appeals agreed with Donald, finding that even if the siblings were more credible, the law did not support a finding that overlooked the name on the deed.  The Court of Appeals gave the property back to Donald.

Finally, on May 7, 2010, the Supreme Court resolved the issue.  The Supreme Court has the last word on this issue and thus it should finally be resolved.  The Supreme Court held that the legal requirements for a trust were met and the property is owned by Donald Rawlings in trust for the benefit of all of the siblings.