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Section Topics:

Sect. 1.1: Common Law, Statutory Law and Governing Instruments

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Sect. 1.2: Governing Law; Jurisdictional Matters

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Sect. 1.3: Role of the Probate Court

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Sect. 1.4: Disposition of Property at Death

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Sect. 1.5: Defined Terms in the Probate Code

Sect. 1.6: Distribution Methods for Descendants

Expand Sect. 1.6: Distribution Methods for Descendants

Sect. 1.7: Notice Requirements

Sect. 1.8: Representation Issues

Sect. 1.9: Statutes of Limitations

Expand Sect. 1.9: Statutes of Limitations

§ 1.1.1 In General

§ 1.1.2 Enactment of Uniform Laws

§ 1.1.3 Common Law Principles

§ 1.1.4 Governing Instruments

§ 1.2.1 Wills, Estates and Probate Matters

§ 1.2.2 Trust Matters

§ 1.3.1 In General

§ 1.3.2 Estate and Probate Matters

§ 1.3.3 Trust Matters

§ 1.3.4 Conservatorships

§ 1.4.1 Property passing at Death

§ 1.4.2 Methods of Disposition

§ 1.4.3 Persons to Whom Property May be Devised

§ 1.6.1 In General

§ 1.6.2 Distribution under the Rules of Intestate Succession

§ 1.6.3 Distribution where Governing Instrument is Silent

§ 1.6.4 Distribution where Governing Instrument Specifies Method

§ 1.7.1 Introduction

§ 1.7.2 Summary Chart of Notice Provisions

§ 1.7.3 Notice in Probate Proceedings

§ 1.7.4 Notice to Remainder Beneficiaries of Revocable Trust

§ 1.7.5 Notice for Matters Arising under Irrevocable Trusts

§ 1.7.6 Notice in Conservatorships

§ 1.8.1 Overview

§ 1.8.2 Representation Issues in Trusts

§ 1.8.3 Representation Issues in Estates

§ 1.9.1 Introduction

§ 1.9.2 Summary Chart of Limitations Periods

§ 1.9.3 When do Statutes of Limitations not Apply?

§ 1.9.4 Laches

§ 1.9.5 Death Tolls Running of Limitations Period

Sect. 2.1: Distribution Under the Rules of Intestate Succession

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Sect. 2.2: Property Subject to Intestate Succession

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Sect. 2.3: Surviving Spouse’s Share

Sect. 2.4: Shares Passing to Others

Sect. 2.5: Rules Determining Familial Relationships

Expand Sect. 2.5: Rules Determining Familial Relationships

Sect. 2.6: Advancements

Sect. 2.7: Negative Wills

Sect. 2.8: Survival Requirement

Sect. 2.9: Debts Owed to Decedent by Heirs

§ 2.1.1 In General

§ 2.1.2 Heirs of the Decedent

§ 2.1.3 Other Definitions

§ 2.1.4 Statute of Limitations

§ 2.2.1 In General

§ 2.2.2 Partial Intestacy

§ 2.5.1 In General

§ 2.5.2 Marital Status of Parents

§ 2.5.3 Parents’ Support of Child

§ 2.5.4 Adoption

§ 2.5.5 Half-blood Relatives

§ 2.5.6 Posthumous Children

§ 2.5.7 Relationship through Two Lines

§ 2.6.1 The General Rule

§ 2.6.2 Heir Who Predeceases the Decedent

§ 2.6.3 Advancements distinguished from Ademptions

§ 2.7.1 Disinheritance Clause in Will is Enforceable

§ 2.7.2 Effect of Disinheritance Clause in Will

Sect. 3.1: The Power of Disposition

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Sect. 3.2: Is the Document Testamentary in Character?

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Sect. 3.3: Testamentary Capacity

Sect. 3.4: Undue Influence

Sect. 3.5: Execution Requirements

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Sect. 3.6: Revocation and Revival of Wills

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Sect. 3.7: Changes in Testator’s Family

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Sect. 3.8: Changes Among Devisees

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Sect. 3.9: Changes in the Composition of the Estate

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Sect. 3.10: Interpretation of Wills

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§ 3.1.1 Property that may be Disposed of by Will

§ 3.1.2 Property that is Not Disposed of by Will

§ 3.1.3 Persons to Whom Property May Be Devised

§ 3.2.1 Consequences of Being Testamentary in Character

§ 3.2.2 Determining Whether a Document is Testamentary in Character

§ 3.3.1 In General

§ 3.3.2 Burden of Proof

§ 3.3.3 Only Testamentary Factors are Determinative

§ 3.3.4 Insane Delusions

§ 3.3.5 Capacity at Time Will is Executed

§ 3.3.6 No Right to Declaratory Relief

§ 3.4.1 In General

§ 3.4.2 Burden of Proof

§ 3.4.3 Meeting the Burden of Proof

§ 3.4.4 Factors to be Weighed

§ 3.4.5 Effect on Other Transactions

§ 3.4.6 Ratification of Acts

§ 3.4.7 Confidential Relationships

§ 3.5.1 In General

§ 3.5.2 Execution of Typed Will

§ 3.5.3 Holographic Wills

§ 3.5.4 Substantial Compliance / Dispensing Power Exception

§ 3.5.5 Burden of Proof regarding Due Execution

§ 3.5.6 Lost Wills

§ 3.5.7 Incorporation by Reference

§ 3.5.8 Acts of Independent Significance

§ 3.5.9 Republication by Codicil

§ 3.5.10 Governing Law regarding Due Execution

§ 3.5.11 Contracts to Make a Will, Joint Wills and Mutual Wills

§ 3.6.1 Revocation of Wills In General

§ 3.6.2 Revival of a Revoked Will

§ 3.7.1 In General

§ 3.7.2 Marriage after Will is Executed

§ 3.7.3 Birth or Adoption of Child after Will is Executed

§ 3.7.4 Divorce after Will is Executed

§ 3.8.1 In General

§ 3.8.2 Death of Beneficiary; Anti-Lapse Statutes

§ 3.8.3 Beneficiary Who Slays Testator

§ 3.8.4 Disclaimers

§ 3.9.1 Introduction

§ 3.9.2 Ademption of Specific Devises

§ 3.9.3 Abatement of Specific Devises

§ 3.9.4 Transformation of Specifically-Devised Property

§ 3.9.5 Ademption of General Pecuniary Devises by Satisfaction

§ 3.9.6 Abatement of General Pecuniary Devises

§ 3.9.7 Demonstrative Devises

§ 3.9.8 Residuary Devises

§ 3.10.1 Governing Law

§ 3.10.2 Rules of Construction Generally

§ 3.10.3 Settlor’s Intent is Paramount

§ 3.10.4 Testator Presumed to Know Law

§ 3.10.5 Exercise of Power of Appointment

§ 3.10.6 Will Construed to Avoid Intestacy

§ 3.10.7 Will Interpreted to Favor Surviving Spouse

§ 3.10.8 Rules regarding Certain Class Relationships

§ 3.10.9 Survival Requirement

§ 3.10.10 Non-Exoneration of Mortgages

§ 3.10.11 Debt Owed to Decedent by Devisee

§ 3.10.12 General Examples of Interpretation

§ 3.10.13 Admissibility of Extrinsic Evidence

§ 3.10.14 Interpretation a Question of Law

Sect. 4.1: Introduction to Revocable Trusts

Expand Sect. 4.1: Introduction to Revocable Trusts

Sect. 4.2: Validity of Revocable Trusts; Vesting of Beneficiaries’ Interests

Sect. 4.3: Testamentary Capacity

Sect. 4.4: Undue Influence

Sect. 4.5: Creation of Revocable Trust

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Sect. 4.6: Revocation and Amendment

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Sect. 4.7: Role of the Trustee

Sect. 4.8: Rights of Settlor’s Creditors

Sect. 4.9: Post-Mortem Administration of Revocable Trusts

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Sect. 4.10: Contests of Revocable Trusts

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Sect. 4.11: Changes in Settlor’s Family

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Sect. 4.12: Changes Among Beneficiaries

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Sect. 4.13: Changes in Composition of Estate

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Sect. 4.14: Interpretation of Revocable Trusts

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Sect. 4.15: Protecting the Settlor’s Family from Disinheritance

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§ 4.1.1 Avoiding Probate

§ 4.1.2 Other Advantages and Disadvantages to Using a Revocable Trust

§ 4.1.3 Functions that a Revocable Trust does not Serve

§ 4.1.4 Funding the Revocable Trust

§ 4.1.5 Operation of Revocable Trust during Settlor’s Lifetime

§ 4.1.6 Revocable Trusts and Planning for Incapacity

§ 4.1.7 Revocable Trusts for Married Couples

§ 4.1.8 Probate Code Treatment of Revocable Trusts as Will Substitutes

§ 4.1.9 Definition of Revocable Trust

§ 4.1.10 Identifying the Settlor

§ 4.1.11 Statutory Rules are Default Rules

§ 4.1.12 Governing Law

§ 4.5.1 In General

§ 4.5.2 Execution Formalities

§ 4.5.3 Incorporation by Reference

§ 4.5.4 Events of Independent Significance

§ 4.5.5 Contracts to Make a Disposition at Death

§ 4.6.1 Trusts Presumed to be Revocable

§ 4.6.2 Revocation Where Spouses are Joint Settlors

§ 4.6.3 Method of Revocation

§ 4.6.4 Trusts Presumed to be Amenable

§ 4.6.5 Amendment Where Spouses are Joint Settlors

§ 4.6.6 Method of Amendment

§ 4.6.7 Restatement of Revocable Trust

§ 4.6.8 Revocation or Amendment by Agent or Conservator

§ 4.6.9 Effect of Revocation or Amendment

§ 4.7.1 Powers

§ 4.7.2 Duties

§ 4.7.3 Liability of Trustee

§ 4.7.4 Resignation of Trustee

§ 4.7.5 Removal of Trustee

§ 4.9.1 In General

§ 4.9.2 Marshaling Trust Assets

§ 4.9.3 Notice to Beneficiaries

§ 4.9.4 Preserving Trust Property

§ 4.9.5 Paying Creditor Claims and Expenses

§ 4.9.6 Filing Tax Returns

§ 4.9.7 Distribution of Trust Property

§ 4.9.8 Administration on Death of First Spouse

§ 4.10.1 In General

§ 4.10.2 Right to Jury Trial

§ 4.10.3 Enforceability of No Contest Clauses

§ 4.10.4 Limitations Period

§ 4.10.5 Alternate Dispute Resolution

§ 4.11.1 Marriage After Revocable Trust is Signed

§ 4.11.2 Birth of Child After Revocable Trust is Signed

§ 4.11.3 Divorce After Revocable Trust is Signed

§ 4.12.1 Anti-Lapse Statutes

§ 4.12.2 Beneficiary Who Slays Decedent

§ 4.12.3 Disclaimers

§ 4.13.1 In General

§ 4.13.2 Non-Ademption of Specific Gifts

§ 4.13.3 Transformation of Specifically-Gifted Property

§ 4.13.4 Ademption by Satisfaction of Pecuniary Gifts

§ 4.13.5 Abatement

§ 4.14.1 In General

§ 4.14.2 Non-Exoneration of Mortgages

§ 4.14.3 Survival Requirement

§ 4.14.4 Familial Relationships and Distribution Methods

§ 4.14.5 Reformation; Admissibility of Extrinsic Evidence

§ 4.15.1 Elective Share of Surviving Spouse

§ 4.15.2 Homestead Allowance, Exempt Property and Family Allowance

Sect. 5.1: Generally

Sect. 5.2: Life Insurance Policies

Sect. 5.3: Retirement Plans

Sect. 5.4: Payable-on-Death Accounts

Sect. 5.5: Property Held in Joint Tenancy

Sect. 5.6: Small Estate Affidavit Procedure

Sect. 5.7: Wrongful Death Actions

Sect. 6.1: Introduction

Sect. 6.2: Surviving Spouse’s Elective Share

Expand Sect. 6.2: Surviving Spouse’s Elective Share

Sect. 6.3: Statutory Exemptions and Allowances

Sect. 6.4: Other Family Protection Issues

§ 6.2.1 Introduction

§ 6.2.2 Calculation of the Elective Share

§ 6.2.3 Property from which Elective Share is Payable

§ 6.2.4 Procedure for Making the Election

Sect. 7.1: General Principles

Sect. 7.2: Jurisdiction over Probate Proceedings

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Sect. 7.3: Authority of Probate Court

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Sect. 7.4: Governing Law

Sect. 7.5: Informal & Formal Probate & Supervised Administration

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Sect. 7.6: Standing in Probate Proceedings

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Sect. 7.7: Commencement of Probate

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Sect. 7.8: Appointment of Personal Representative

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Sect. 7.9: Personal Representative Serving in Dual Capacities

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Sect. 7.10: Special Administration

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Sect. 7.11: Non-Resident Decedents/Ancillary Administration

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Sect. 7.12: Powers of the Personal Representative

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Sect. 7.13: Administrative Responsibilities

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Sect. 7.14: Fiduciary Duties

Sect. 7.15: Breach of Duty

Sect. 7.16: Creditor Claims

Sect. 7.17: Personal Representative and Professional Fees

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Sect. 7.18: Contests

Sect. 7.19: Litigation

Sect. 7.20: Beneficiaries’ Interests in Estate During Administration

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Sect. 7.21: Distribution of Estate

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Sect. 7.22: Protection of Purchasers and Others

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Sect. 7.23: Procedure for Closing Probate

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Sect. 7.24: Modification of Decree; Finality of Decree

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§ 7.1.1 Introduction

§ 7.1.2 What Property is Subject to Probate?

§ 7.2.1 Utah Courts

§ 7.2.2 No Federal Jurisdiction

§ 7.2.3 Jurisdiction of Probate Courts

§ 7.2.4 Venue

§ 7.3.1 In General

§ 7.3.2 Erroneous Judgments

§ 7.3.3 Court of Equity

§ 7.5.1 In General

§ 7.5.2 No Probate of Will and No Administration of Estate

§ 7.5.3 Small Estate Affidavit

§ 7.5.4 Informal Probate of Will without Administration

§ 7.5.5 Informal Probate of Will and Informal Administration

§ 7.5.6 Informal Administration under Intestacy

§ 7.5.7 Judicial Determination (Formal Probate)

§ 7.5.8 Determination of Heirship

§ 7.5.9 Supervised Administration

§ 7.5.10 Notice in Probate

§ 7.6.1 Standing in Will Contests

§ 7.6.2 Standing in Creditor Claim Cases

§ 7.6.3 Other Standing Cases

§ 7.7.1 In General

§ 7.7.2 Establishing Death of Decedent

§ 7.7.3 Administration of Multiple Estates Jointly

§ 7.7.4 Representation of Legally Incapacitated Persons

§ 7.8.1 Qualifications and Priority

§ 7.8.2 Procedure

§ 7.8.3 Bond

§ 7.8.4 Termination of Appointment

§ 7.8.5 Successor Personal Representatives

§ 7.8.6 After-Discovered Property

§ 7.9.1 Capacity as Personal Representative/Individual Capacity

§ 7.9.2 Capacity as Personal Representative/Testamentary Trustee

§ 7.10.1 In General

§ 7.10.2 Informal Appointment of Special Administrator

§ 7.10.3 Formal Appointment of Special Administrator

§ 7.10.4 Notice

§ 7.10.5 Priority for Appointment as Special Administrator

§ 7.10.6 Duties and Powers of Special Administrator

§ 7.10.7 Termination of Authority

§ 7.11.1 Introduction

§ 7.11.2 Ancillary Administration

§ 7.11.3 Appointment of Ancillary Administrator

§ 7.11.4 Causes of Action in Utah

§ 7.11.5 No Ancillary Administration/Affidavit Procedure

§ 7.12.1 Generally

§ 7.12.2 Employment of Advisors and Agents

§ 7.12.3 Payment of Estate Expenses

§ 7.12.4 Sale of Estate Property

§ 7.12.5 Need for Court Approval; Notice to Beneficiaries

§ 7.12.6 Ratification of Personal Representative’s Acts

§ 7.12.7 Multiple Personal Representatives

§ 7.12.8 Ability of Creditors to Bring Suit

§ 7.12.9 Liability for Ultra Vires Acts

§ 7.13.1 Generally

§ 7.13.2 Marshaling Estate Assets

§ 7.13.3 Filing Inventory

§ 7.13.4 Keeping Beneficiaries Informed; Accountings

§ 7.13.5 Payment of Decedent’s Debts, Taxes and Administrative Expenses

§ 7.13.6 Prudent Investor Rule

§ 7.13.7 Duty to Distribute

§ 7.14.1 Generally

§ 7.14.2 Standard of Care

§ 7.14.3 Duty of Loyalty

§ 7.14.4 Duty to Estate Creditors

§ 7.14.5 Duty to the Court

§ 7.15.1 Generally

§ 7.15.2 Remedies for Breach Generally

§ 7.15.3 Restraining Order

§ 7.15.4 Damages

§ 7.15.5 Surcharge

§ 7.15.6 Denial of Fees and Expenses

§ 7.15.7 Removal of Personal Representative

§ 7.15.8 Set Aside Transaction

§ 7.15.9 Imposition of Constructive Trust

§ 7.15.10 Contempt

§ 7.15.11 Set Aside Court Order

§ 7.15.12 Discharge of Liability; Statute of Limitations

§ 7.16.1 Introduction

§ 7.16.2 Debts of the Decedent

§ 7.16.3 Claims Arising during Administration

§ 7.17.1 Compensation of Personal Representative

§ 7.17.2 Expenses Chargeable to Estate

§ 7.17.3 Compensation of Personal Representative’s Attorney

§ 7.17.4 Attorney Fees in Litigation

§ 7.18.1 Generally

§ 7.18.2 Ultimate Issue in Will Contest

§ 7.18.3 Who May Contest

§ 7.18.4 Burden of Proof

§ 7.18.5 Right to Jury Trial

§ 7.18.6 Partial Invalidity; Multiple Testamentary Instruments

§ 7.18.7 Expenses related to Contest

§ 7.18.8 No Contest Clauses

§ 7.18.9 Statute of Limitations

§ 7.18.10 Alternative Dispute Resolution

§ 7.19.1 Generally

§ 7.19.2 Actions that belonged to Decedent

§ 7.19.3 Actions Against Decedent

§ 7.19.4 Settlement Agreements

§ 7.19.5 Appeals

§ 7.20.1 Vesting of Property from Estate

§ 7.20.2 Ability of Heir to Assign Interest in Estate

§ 7.21.1 Generally

§ 7.21.2 Determination of Heirship

§ 7.21.3 Distribution of Income During Probate

§ 7.21.4 Interest on Pecuniary Devises

§ 7.21.5 Beneficiary Indebted to Estate

§ 7.21.6 Preliminary Distributions

§ 7.21.7 Distributions In-Kind

§ 7.21.8 Partition for Purposes of Distribution

§ 7.21.9 Testamentary Trusts

§ 7.21.10 Missing or Disabled Heir or Devisee

§ 7.21.11 Improper Distributions; Liability of Distributees

§ 7.22.1 Purchasers from Personal Representative

§ 7.22.2 Other Persons Dealing with Personal Representative

§ 7.22.3 Purchasers from Distributees

§ 7.23.1 Informal Closing by Closing Statement

§ 7.23.2 Formal Closing

§ 7.23.3 Small Estate Summary Administration Procedure

§ 7.23.3 Termination of Personal Representative’s Authority

§ 7.24.1 Later Discovered Will; Re-Determination of Heirship

§ 7.24.2 Modification for Fraud

§ 7.24.3 Nunc Pro Tunc Orders

§ 7.24.4 After-Discovered Property

§ 7.24.5 Procedure for Modification

§ 7.24.6 Decree Final

§ 7.24.7 Statute of Limitations

§ 7.24.8 Decree Final for Purposes of Appeal

Sect. 8.1: Introduction; Governing Law

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Sect. 8.2: Creation and Funding

Sect. 8.3: Interpretation of Irrevocable Trusts

Expand Sect. 8.3: Interpretation of Irrevocable Trusts

Sect. 8.4: Office of Trustee

Sect. 8.5: Powers of Trustee

Sect. 8.6: Duties of Trustee

Sect. 8.7: Trustee Liability; Breach of Fiduciary Duty

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Sect. 8.8: Trustee and Professional Fees and Expenses

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Sect. 8.9: Third Party Dealing with Trustee

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Sect. 8.10: Role of Settlor

Sect. 8.11: Beneficial Interests

Sect. 8.12: Representation of Beneficiaries

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Sect. 8.13: Distributions to Beneficiaries

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Sect. 8.14: Creditors of Beneficiaries and Others

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Sect. 8.15: Powers of Appointment

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Sect. 8.16: Utah Uniform Fiduciary Income & Principal Act

Expand Sect. 8.16: Utah Uniform Fiduciary Income & Principal Act

Sect. 8.17: Special Needs Trusts

Sect. 8.18: Charitable Trusts

Sect. 8.19: Litigation

Sect. 8.20: Environmental Liability Issues

Sect. 8.21: Modification of Irrevocable Trusts

Expand Sect. 8.21: Modification of Irrevocable Trusts

Sect. 8.22: Termination

§ 8.1.1 Introduction

§ 8.1.2 Governing Law; Applicability of Utah Law

§ 8.1.3 Jurisdiction of Utah Courts

§ 8.1.4 Venue

§ 8.1.5 Jurisdiction of Probate Courts

§ 8.1.6 Applicability of the Probate Code

§ 8.1.7 Definitions

§ 8.2.1 Generally

§ 8.2.2 Intent to Create Trust

§ 8.2.3 Settlor’s Capacity

§ 8.2.4 Undue Influence

§ 8.2.5 Oral Trusts

§ 8.2.6 Need for Definite Terms and Beneficiaries

§ 8.2.7 Rule Against Perpetuities

§ 8.2.8 Honorary Trusts; Trusts for the Care of Pets

§ 8.2.9 Same person may not be sole trustee and sole beneficiary

§ 8.2.10 Trust Purposes Must be Lawful

§ 8.2.11 Testamentary Trusts

§ 8.2.12 Delivery of Property to Trustee

§ 8.2.13 Trusts Created in Other Jurisdictions

§ 8.2.14 Funding of Trusts

§ 8.3.1 In General

§ 8.3.2 Admissibility of Extrinsic Evidence

§ 8.3.3 Rules of Construction in General

§ 8.3.4 Survival Requirement

§ 8.3.5 Familial Relationships

§ 8.3.6 Anti-Lapse Statutes

§ 8.4.1 Qualification as Trustee

§ 8.4.2 Selection of Trustee

§ 8.4.3 Acceptance of Trust

§ 8.4.4 Bond

§ 8.4.5 Trustee’s Role in a Fiduciary Capacity

§ 8.4.6 Co-Trustees

§ 8.4.7 Resignation

§ 8.4.8 Removal

§ 8.4.9 Vacancy; Successor Trustees; Additional Trustees

§ 8.4.10 Special Fiduciaries

§ 8.5.1 Generally

§ 8.5.2 Statutory Powers

§ 8.5.3 Limitations on Powers

§ 8.6.1 Generally

§ 8.6.2 Principal Place of Administration

§ 8.6.3 Duty to Administer according to Terms of Trust

§ 8.6.4 Duty to Administer for Beneficiaries

§ 8.6.5 Duty to Keep Beneficiaries Informed

§ 8.6.6 Duty of Loyalty

§ 8.6.7 Duty of Impartiality

§ 8.6.8 Duty of Prudent Administration

§ 8.6.9 Duty to Collect and Protect Property and Enforce Claims

§ 8.6.10 Duty to Defend Trust

§ 8.6.11 Duty to Incur Only Reasonable Costs

§ 8.6.12 Duty to Keep Appropriate Records

§ 8.6.13 Duty to Segregate Trust Property

§ 8.6.14 Prudent Investor Act

§ 8.6.15 Delivery of Property to Successor

§ 8.6.16 Directed Trusts

§ 8.7.1 Introduction

§ 8.7.2 Standard of Care

§ 8.7.3 Action for Breach

§ 8.7.4 Exculpation; Liability Insurance

§ 8.7.5 Remedies Generally

§ 8.7.6 Damages and Surcharge

§ 8.7.7 Adjustment of Compensation

§ 8.7.8 Removal

§ 8.7.9 Equitable Remedies

§ 8.7.10 Statute of Limitations; Laches

§ 8.7.11 Liability to Third Persons

§ 8.7.12 Advisability of Separate Representation

§ 8.8.1 Trustee Fees and Reimbursement

§ 8.8.2 Trustee Compensation in Practice

§ 8.8.3 Attorney Fees

§ 8.8.4 Accountant Fees

§ 8.9.1 Transactions with Trustee in General

§ 8.9.2 Bona Fide Purchasers

§ 8.9.3 Creditors of Trustee

§ 8.10.1 Settlor’s Reserved Powers

§ 8.10.2 Settlor’s Obligations Extend to Trustee

§ 8.11.1 In General

§ 8.11.2 Beneficiaries and Qualified Beneficiaries Defined

§ 8.11.3 Loans to Beneficiaries

§ 8.11.4 Beneficiary Who Is Legally Incapacitated

§ 8.11.5 Disclaimers

§ 8.12.1 In General

§ 8.12.2 Representation by Fiduciaries and Parents

§ 8.12.3 Virtual Representation

§ 8.12.4 Court-Appointed Representative

§ 8.12.5 Authority of Representative

§ 8.12.6 Representation by Holder of Power of Appointment

§ 8.12.7 Notice

§ 8.12.8 Consent

§ 8.12.9 Distributions to Legally Incapacitated Beneficiary

§ 8.13.1 In General

§ 8.13.2 Trustee Discretion

§ 8.13.3 Unitrusts

§ 8.13.4 Distributions to Legally Incapacitated Beneficiary

§ 8.13.5 Distributions upon Termination of Trust

§ 8.13.6 Beneficiary’s Release of Trustee

§ 8.14.1 General Principles

§ 8.14.2 Traditional Irrevocable Trusts with No Spendthrift Clause

§ 8.14.3 Traditional Irrevocable Trusts with Spendthrift Clause

§ 8.14.4 Revocable Trusts

§ 8.14.5 Traditional Irrevocable Trusts with Settlor as Beneficiary

§ 8.14.6 Powers of Withdrawal

§ 8.14.7 Powers of Appointment

§ 8.14.8 Asset Protection Trusts

§ 8.15.1 In General

§ 8.15.2 Power is Delineated by Trust Instrument

§ 8.15.3 Types of Powers of Appointment

§ 8.16.1 Introduction; Scope of Act

§ 8.16.2 Allocation of Receipts

§ 8.16.3 Allocation of Disbursements

§ 8.16.4 Power to Re-Allocate Principal and Income

§ 8.16.5 Conversion to or from a Unitrust

§ 8.18.1 Introduction

§ 8.18.2 Creation of a Charitable Trust; Indefinite Beneficiaries

§ 8.18.3 Fiduciary Duties Unique to Charitable Trusts

§ 8.18.4 Enforcement of a Charitable Trust

§ 8.18.5 Filling a Trustee Vacancy

§ 8.18.6 Modification of a Charitable Trust

§ 8.18.7 Split-Interest Charitable Trusts

§ 8.19.1 Generally

§ 8.19.2 Beneficiary May Sue on Behalf of Trust

§ 8.19.3 Settlement Agreements

§ 8.19.4 Attorney Fees

§ 8.19.5 Alternative Dispute Resolution

§ 8.21.1 Generally

§ 8.21.2 Procedure

§ 8.21.3 Modification due to Unanticipated Circumstances

§ 8.21.4 Modification for Tax Reasons

§ 8.21.5 Reformation

§ 8.21.6 Combination and Division of Trusts

§ 8.21.7 Modification due to Uneconomically Low Principal

§ 8.21.8 Modification on Other Grounds

§ 8.22.1 In General

§ 8.22.2 Procedure

§ 8.22.3 Termination of Trust according to its Terms

§ 8.22.4 Termination of Trust due to Unanticipated Circumstances

§ 8.22.5 Termination of Trust due to Uneconomically Low Principal

§ 8.22.6 Termination of Trust because Trust Purpose Fulfilled

§ 8.22.7 Termination of Trust because Contrary to Public Policy

§ 8.22.8 Termination of Trust because Trust Purpose Impossible to Achieve

§ 8.22.9 Other Grounds for Termination

§ 8.22.10 Distribution upon Scheduled Termination

§ 8.22.11 Distribution upon Early Termination

§ 8.22.12 Delayed Terminal Distribution

Sect. 9.1: Introductions

Sect. 9.2: Commencing a Conservatorship

Expand Sect. 9.2: Commencing a Conservatorship

Sect. 9.3: Jurisdictional Issues

Sect. 9.4: Interim Orders; Emergency Appointments

Sect. 9.5: Orders relating to the Administration of the Conservatorship

Expand Sect. 9.5: Orders relating to the Administration of the Conservatorship

Sect. 9.6: Powers of Conservator

Sect. 9.7: Ongoing Responsibilities of Conservator

Expand Sect. 9.7: Ongoing Responsibilities of Conservator

Sect. 9.8: Breach of Fiduciary Duty; Liability of Conservator

Expand Sect. 9.8: Breach of Fiduciary Duty; Liability of Conservator

Sect. 9.9: Compensation of Conservator and Others

Sect. 9.10: Resignation or Death of Conservator

Sect. 9.11: Removal of Conservator

Sect. 9.12: Termination of Conservatorship

Expand Sect. 9.12: Termination of Conservatorship

Sect. 9.13: Estate Planning for the Protected Person

Sect. 9.14: Conservatorships for Minors

Expand Sect. 9.14: Conservatorships for Minors

§ 9.1.1 What is a Conservatorship?

§ 9.1.2 Conservatorships distinguished from Guardianships

§ 9.1.3 Alternatives to Conservatorships

§ 9.1.4 Effect of Conservatorship on Protected Person

§ 9.2.1 Filing the Petition

§ 9.2.2 Notice of Hearing

§ 9.2.3 Determination of Incapacity

§ 9.2.4 Appointment of Conservator

§ 9.2.5 Issuance of Letters

§ 9.3.1 Introduction

§ 9.3.2 When Utah has Jurisdiction

§ 9.3.3 Transfer of Jurisdiction

§ 9.5.1 Availability of Orders

§ 9.5.2 Notice of Hearing

§ 9.6.1 Management of Conservatorship Property

§ 9.6.2 Distributions

§ 9.6.3 Power to Make Gifts

§ 9.6.4 Petition for Instructions

§ 9.7.1 Fiduciary Duty Generally

§ 9.7.2 Duty to File Inventory

§ 9.7.3 Duty to Keep Appropriate Records

§ 9.7.4 Duty to Account

§ 9.7.5 Duty to Provide Notice

§ 9.7.6 Payment of Claims

§ 9.7.7 Management of Conservatorship Property

§ 9.7.8 Duty of Loyalty

§ 9.7.9 Duty to Preserve Estate Plan

§ 9.7.10 Duty to Report Abuse

§ 9.7.11 Duty to Distribute Conservatorship Estate when Disability Ends

§ 9.7.12 Duty upon Death of Conservatee

§ 9.8.1 Breach of Fiduciary Duty; Liability to Conservatee

§ 9.8.2 Criminal Penalties

§ 9.8.3 Liability to Third Parties

§ 9.8.4 Protection of Third Parties

§ 9.12.1 In General

§ 9.12.2 Protected Person Regains Capacity

§ 9.12.3 Death of Protected Person

§ 9.14.1 When does a Conservatorship for a Minor Arise?

§ 9.14.2 Court-Appointed Attorney

§ 9.14.3 Permissible Orders

§ 9.14.4 Effect of Legal Obligation of Support

§ 9.14.5 Distribution upon Majority

§ 9.14.6 Forms for Conservatorships for Minors

Sect. 10.1: Introduction

Sect. 10.2: Alternatives (and Supplements) to Powers of Attorney

Sect. 10.3: When Power of Attorney is Effective

Expand Sect. 10.3: When Power of Attorney is Effective

Sect. 10.4: Powers of Agent

Sect. 10.5: Duties of Agent

Sect. 10.6: Execution

Sect. 10.7: Termination

Sect. 10.8: Alternative Dispute Resolution

§ 10.3.1 In General

§ 10.3.2 Durable Powers of Attorney

§ 10.3.3 Non-Durable Powers of Attorney

§ 10.3.4 Springing Powers of Attorney

Sect. 11.1: Introduction

Sect. 11.2: Creation of Custodianship

Expand Sect. 11.2: Creation of Custodianship

Sect. 11.3: Interest Held by Minor

Sect. 11.4: Powers of Custodian

Sect. 11.5: Duties of Custodian

Sect. 11.6: Breach of Duty

Sect. 11.7: Liability of Custodian, Custodianship and Minor to Third Persons

Expand Sect. 11.7: Liability of Custodian, Custodianship and Minor to Third Persons

Sect. 11.8: Compensation of Custodian and Reimbursement of Expenses

Expand Sect. 11.8: Compensation of Custodian and Reimbursement of Expenses

Sect. 11.9: Resignation, Death and Removal of Custodian

Expand Sect. 11.9: Resignation, Death and Removal of Custodian

Sect. 11.10: Termination of Custodianship

§ 11.1.1 What is a UUTMA Custodianship?

§ 11.1.2 Jurisdiction

§ 11.1.3 Tax Considerations

§ 11.1.4 Alternatives to UUTMA Custodianships

§ 11.2.1 Who may Serve as Custodian

§ 11.2.2 Form of Designation of Custodianship

§ 11.2.3 Manner in which Custodianship may be Created

§ 11.2.4 Validity of Custodianship

§ 11.2.5 No Bond Needed

§ 11.4.1 Generally

§ 11.4.2 Distributions to Minor

§ 11.5.1 Introduction

§ 11.5.2 Marshal Assets

§ 11.5.3 Invest and Manage Assets

§ 11.5.4 Segregate Custodianship Assets

§ 11.5.5 Keep Appropriate Records

§ 11.5.6 Accountings

§ 11.6.1 Standard of Care

§ 11.6.2 Breach

§ 11.7.1 Liability of Custodian to Third Persons

§ 11.7.2 Liability of Custodianship to Third Persons

§ 11.7.3 Liability of Minor to Third Persons

§ 11.8.1 Compensation

§ 11.8.2 Reimbursement

§ 11.9.1 Resignation of Custodian

§ 11.9.2 Death or Incapacity of Custodian

§ 11.9.3 Removal of Custodian

§ 11.9.4 Designation of Successor

Sect. 12.1: Introduction / General Principles

Sect. 12.2: Trusts

Sect. 12.3: Wills

Sect. 12.4: Probate

Sect. 12.5: Conservatorships

Sect. 12.6: Characterization of Property

Expand Sect. 12.6: Characterization of Property

§ 12.2.1 Governing Law

§ 12.2.2 Jurisdiction

§ 12.3.1 Validity

§ 12.3.2 Construction

§ 12.4.1 Jurisdiction

§ 12.4.2 Governing Law

§ 12.4.3 Ancillary Probate

§ 12.5.1 Introduction

§ 12.5.2 When Utah has Jurisdiction

§ 12.5.3 Transfer of Jurisdiction

§ 12.6.1 Introduction

§ 12.6.2 Client Moving from Community Property State to Utah

§ 12.6.3 Client Moving from Utah to Community Property State

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