Josh Powell’s family wants judge to declare Susan Cox Powell dead

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A family photo of Josh Powell and his wife, Susan Cox Powell, and their children. (Photo provided to FOX 13)

SALT LAKE CITY — In a lawsuit filed late Friday, the family of Josh Powell asked a judge to declare missing West Valley City mom Susan Cox Powell legally dead.

It’s the latest move in a contentious battle over the estate of Josh and Susan Powell, and more than $1 million in insurance.

Josh Powell’s mother, Terrica Powell, and his sister, Alina, filed the lawsuit against Susan Cox Powell’s father, Chuck Cox. They ask the judge for an order “declaring that Susan’s death occurred prior to May 10, 2013.”

Read the Powell’s lawsuit here:

Terrica and Alina Powell are challenging decisions Chuck Cox made as executor of Susan’s estate, effectively cutting the Powell family out. A judge recently ruled against them, and they appealed to the Utah Supreme Court.

The lawsuit seeks to declare any changes that Chuck Cox made to Josh and Susan’s estate “void and ineffective,” giving them a share in the insurance.

As a matter of state law, Susan Cox Powell would legally be declared dead on Dec. 6, 2014 — five years to the day she vanished from her West Valley City home. Josh Powell, considered a “person of interest” in his wife’s disappearance, killed himself and the couple’s children in an explosion in 2012.

4 comments

  • treva

    I dont think powell should have any part of the money until the body is found i am just saying chuck lost his baby girl n grandsons because of josh

  • sk911

    If Josh hadn’t killed the boys, I could see it making some sense that the Powell’s should be entitled to some of the life insurance, in order to help raise the grandchildren. But since Josh murdered the boys, everything should stay on the Cox’s side.
    After everything their brother/son did to Susan, her sons and the rest of her loved ones, to fight over Susan’s life insurance is just sickening. Susan’s parents will probably never be able to bury their little girl. Such a sad situation.

  • Lovemykids

    I find it appalling that Josh Powell’s family is trying to capitalize on this horrific situation. That Josh murdered his babies and his wife and they (the murderer’s family) feel they are entitled to any of the estate! If I was them I would want to stay as far away from that situation and not even associate themselves with this horrible crime. Shame on them!!

  • David Whittington

    We can now see where Josh Powell got his complete lack of a moral compass – his disgusting father and now his gold digging mother are trying to score a payday from the horrific deaths of the innocent Grandchildren. Terrica Powell should be changing her name and going into hiding to distance herself from the memory of her child-killing son, but instead of hiding she is SUING innocent people. Terrica Powell needs to just go AWAY.

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