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Category Archives: Trust and Probate Litigation
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
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
ADR Provisions in Utah Wills & Trusts
On April 1, 2013, Governor Herbert signed into law H.B. 332. The bill expressly authorizes the inclusion of a provision in a will, trust or power of attorney that requires the resolution of disputes outside of court proceedings. Under the … Continue reading
Will Contests in Utah
A will contest (or a contest of a revocable trust) is a legal challenge to the validity of an estate plan. If the contest is successful, the contested estate plan is invalidated, and the estate assets are distributed as if … Continue reading