KAMAS, Utah (ABC4) — Kouri Richins, charged with the murder of her husband, was in court Thursday over a civil lawsuit against his estate claiming she deserves assets outlined in their prenuptial agreement. She was not physically in the courtroom.

Kouri Richins, 33, is in the Summit County Jail charged with aggravated murder, a first-degree felony, and three counts of possession with intent to distribute. A petition filed by Eric’s sister alleges that Kouri had financial motives for killing her husband.

During the hearing on August 3, the judge declared that all motions in question would be put on hold until after her murder trial has been completed.

On June 9, Kouri filed a civil lawsuit against Eric’s estate, alleging she deserves several monetary and/or physical assets according to their prenup.

According to court documents, Kouri and Eric signed a prenup on June 15, 2013, that outlined several financial agreements for their marriage, which included the following:

Summary of Significant Separate Property of Husband

In the prenup, Eric included a list of his assets and debts that were acquired prior to the marriage, that would remain in his ownership if Eric and Kouri divorced.

The List of Assets included Eric’s 50 percent ownership interest in C&E Stone Masonry, LLC, a forklift, skidster, scaffolding and saws, two trucks, and a dump trailer.

The Business Interest, C&E Stone Masonry, LLC.

The prenup further explained that Eric’s co-owned business, C&E Stone Masonry, LLC., would remain the sole property of Eric even if Kouri invested in, or spent money on the company. The prenup included that “co-mingled marital funds may from time to time be spent on the business,” but that this would not give Kouri a right to own Eric’s half of the business.

The only way that Kouri could claim ownership or rights to the business is if “[Eric] should die prior to [Kouri] while the two are lawfully married,” the lawsuit states. In the event of Eric’s death, the prenup states that Kouri would receive Eric’s partnership interest in C&E Stone Masonry LLC.

However, prior to his death, Eric reportedly assigned his ownership of the business to the Eric Richins Living Trust. This interest was sold to Eric’s work partner, Cody Wright, and the proceeds from that sale were around $2 million. The proceeds of the sale are currently on hold by the court.

According to Kouri, although Eric transferred the Business Interest to the trust, she states that it does not diminish her rights to the business as granted in the prenup.

The Family Home

According to Kouri’s lawsuit, their shared home, known as ‘the Family Home’, was not included in the list of assets that Eric had prior to their marriage. She said the prenup’s exclusion of the home in Eric’s personal assets is evidence that the home is a joint marital asset.

Kouri also alleged that she contributed to the down payment on the Family Home, the monthly mortgage payments, utilities, and more. She also alleged that following Eric’s death, she funded a swimming pool, and fencing at the Family Home which was contracted before his passing.

Because of this, Kouri is assuaging that she deserves 50 percent of the equity of the home but is willing to settle for at least 50 percent of the increase in the equity value of the home since their marriage.

The Trust

On November 3, 2020, Eric created and executed the Eric Richins Living Trust. Kouri alleged that the objective of creating the Trust was to provide for both her and their children after Eric’s death.

Included in the Trust were the following assets: ten dollars in cash, the Family Home, C&E Stone Masonry, LLC., and Eric’s interest in Fox Lake Investments, LLC, and all of his tangible personal property.

Kouri also alleged that he assigned all of his “tangible personal property” to the Trust without clarifying if it belonged to himself only, or to him and Kouri as a married couple. According to her, other than the property specified in the Prenup, any personal property Eric acquired during their marriage should be defined as marital property belonging to him and Kouri jointly as husband and wife.

According to Kouri, Eric included the Family Home in the Trust without her authorization or knowledge. She also reported that he assigned personal property (which was purchased from his and Kouri’s joint bank accounts) to the Trust without Kouri’s knowledge or consent.

Kouri noted in the lawsuit, that while Eric may have created the Trust, the Prenup still remains in full force. Kouri alleged that the Prenup states: “We executed a prenuptial agreement on June 15, 2013, which has not been revoked or amended.”

The Will

Before he died, Eric executed the Will. According to the lawsuit, his will required that all of Eric’s estate be given to the Trust, and administered under the terms of the Trust.

According to the lawsuit, Eric’s will also stated: “This will complies with the prenuptial agreement my wife and I signed on June 15, 2013.”

Conclusion

Kouri claims that she has a right to all of the above assets including the Family Home, the Personal Property, and the Business Interest. Katie Richins Benson, the representative of Eric’s estate, has allegedly taken the position that Kouri has no right to any of these.

This is separate from her claim against the Trust in March 2022 (which is still in process), as well as her claim against the Estate in February 2023 (which was denied by Eric’s sister Katie).

Katie filed a petition to disqualify Kouri from the estate due to homicide, but until Kouri is, or is not, convicted, the motion cannot be granted.