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Author Archives: Rust Tippett
Estate of Deeter
In Estate of Deeter, 2020 UT App. 65 (Utah App. 2020), the decedent had named his wife as the primary beneficiary on certain of his retirement plans, and named his brother as the contingent beneficiary. The decedent’s subsequent divorce had … Continue reading
Estate of Heater
In Estate of Heater, 2020 UT App. 70 (Utah App. 2020), the Utah Court of Appeals held that the biological son of the decedent was one of the decedent’s intestate heirs, even though the son’s mother was married to another … Continue reading
Utah Trustee’s Duty to Keep Beneficiaries Informed
As I have described in previous posts on this site, individual trustees (as opposed to institutional trustees) too often fail to keep trust beneficiaries adequately informed. This is especially common upon the death of the settlor (the creator) of a … Continue reading
Utah Trust & Probate Litigation: What Should I Expect?
Trust and probate litigation can take a variety of forms. A classic example of such litigation would be a will contest or a contest of a revocable trust in which the validity of the will or trust is challenged, usually … Continue reading
Attorney Fees in Utah Trust & Probate Litigation
The terms “probate litigation” or “trust litigation” generally refer to legal disputes over the administration or the internal affairs of trusts or probate estates, as opposed to disputes between a trust or estate on the one hand and a third … Continue reading
Aagard v. Jorgensen, 2014 UT App. 269
In Aagard v. Jorgensen, 2014 UT App. 269 (filed November 14, 2014), the Utah Court of Appeals approved a modification of an LLC operating agreement that was proposed by the Petitioner, who was the manager of the LLC. The Petitioner … Continue reading
Dahl v. Dahl, 2015 UT 23
In Dahl v. Dahl, 2015 UT 23, the Utah Supreme Court held that Kim Dahl had an enforceable interest in a Nevada asset protection trust that was established by her husband, Charles Dahl, during the marriage with marital property. The … Continue reading
Protecting Your Utah Estate Plan from a Contest
This post is the seventh in a series of posts that suggest possible methods to help ensure that one’s estate plan will be carried out as intended. As is discussed in the blog on this site entitled “Will Contests in … Continue reading
Safeguarding Your Utah Estate Plan: Be Careful of Loans and Gifts
This post is the sixth in a series of posts that offer ideas for ensuring that your estate plan will be implemented as intended. Problems often arise when an estate plan fails to address loans or lifetime gifts to a … Continue reading
Protecting Your Utah Estate Plan: Inform Your Beneficiaries
This post is the fifth in a series of posts that offer recommendations for safeguarding your estate plan against the improper conduct of trustees, family members and others. Sharing information with your beneficiaries during your lifetime can help ensure that … Continue reading