The Utah Trust & Estate
Educational Resource Center

Utah Trust & Estate Articles and Other Publications

Utah Treatises

The following is a list of Utah legal treatises and volumes of interest to trust and estate attorneys.

The Utah Law of Trusts & Estates, Robert S. (Rust) Tippett, available on this website

Utah Probate System, 2nd Edition, H. Reese Hansen and Stanley D. Neeleman, 2005.

Family Law in Utah, 3rd Ed., Karen Black, et. al.

Utah Real Property Law, Thomas and Backman (LexisNexis 2005)

Utah Bar Journal Articles

The following is a list of Utah Bar Journal articles from 2001 to the present that deal with topics of interest to Utah trust and estate attorneys. These articles can be viewed at The list appears in reverse chronological order.

Counseling Individual Trustee Clients, Utah Bar Journal, Sept/Oct 2011

In Defense of Sales to Defective Grantor Trusts, January/February 2011

Domestic Asset Protection Trusts: A Comparison of the Laws of Utah and Wyoming, March/April 2010

Should Utah Lawyers Stop Forming Utah LLCs?, January/February 2010

Utah LLCs vs. Other State LLCs: When Should Attorneys Consider Forming LLCs Outside Utah?, September/October 2009

Family v. Institution - Advising Clients on the Selection of a Successor Trustee, July/August 2009

The Irrevocable Life Insurance Trust: An Underutilized Tool, January/February 2009

Advance Health Care Planning in Utah, July/August 2007

Parduhn Me: the Utah Supreme Court and the Insurable Interest Requirement, July/August 2006

The Bible of Elder Law, January/February 2006

Why a Private Conservator?, January/February 2006

The Estate Planner/Insurance Salesman and the Fiduciary Duty of Loyalty, January/February 2006

Update on End-of-Life Issues in Utah, January/February 2006

Some Thoughts Concerning Trustee Selection, May/June 2005

Can You Amend That Revocable Trust? Utah Estate Planning Lawyers Face a Trap for the Unwary, August/September 2004

Objectives of Revocable Trusts, August/September 2004

Probate Mediation in Utah: Where did it Come From, Where is it Now, Where is it Going?, August/September 2002

How the Economic Growth and Tax Relief Act of 2001 Affects Basic Estate Planning Strategy - Tax and Non-Tax Considerations, March 2002

Office of Public Guardian, October 2001

Guardianships and Conservatorships, August/September 2001

Overview of Elder Law, May 2001

Determining Capacity: Is Your Older Client Competent?, May 2001

Utah State Bar Presentations

The following is a list of Continuing Legal Education presentations that have been offered through the Utah State Bar in recent years on trust and estate topics. Copies of the written materials for these presentations are available through the Utah State Bar. The list appears in reverse chronological order.

Multijurisdictional Clients and Estate Planning Practice, Jeffrey D. Steed, May 10, 2011

Ethics in Estate Planning Practice, Charles M. Bennett, March 22, 2011

Using the Lifetime Special Power of Appointment Trust in Asset Protection Planning, January 11, 2011

2010 Changes to Utah Probate Code, Jeff Skoubye, May 18, 2010

Utah Spousal Elective Share, Langdon T. Owen, April 13, 2010

Legislative Update, Senator Lyle Hillyard, March 24, 2010

Feedback and Tips from the Second and Third District Courts Regarding Probate Filings, Joanne Bueno Sayre, Bridget Goodman and Paul W. Hess, February 9, 2010

Mental Capacity and Undue Influence: The Law, the Facts and Practical Applications, Stephen Sargent, January 12, 2010

Proposed Guardianship Changes, Timothy M. Shea, December 8, 2009

Choice of Entity, Mike Blackburn, October 13, 2009

Utah Uniform Trust Code and Use in Trust Practice, Thomas Christensen, January 13, 2008

University of Utah Law Review Articles

The following is a list of University of Utah Law Review articles on topics of interest to trust and estate attorneys. The list appears in reverse chronological order.

Two Ways to End a Marriage: Divorce or Death, 2005 Utah L. Rev. 1227.

Recent Legislative Developments: Utah Uniform Parentage Act, 2005 Utah L. Rev. 1438.

Piercing the Façade of Utah’s “Improved” Elective Share Statute, 1999 Utah L. Rev. 677.

The Roles of the Family in Making Health Care Decisions for Incompetent Patients, 1992 Utah L. Rev. 861.

On Persuasion and Paternalism: Lawyer Decisionmaking and the Questionably Competent Client, 1987 Utah L. Rev. 515.

Recent Developments in Utah Law, 1986 Utah L. Rev. 95, 219. (re Utah’s Personal Choice and Living Will Act)

Comment, A Critique and Revision of the Utah Guardianship Statute for Incapacitated Persons, 1986 Utah L. Rev. 629.

Attorney’s Fees in Utah, 1984 Utah L. Rev. 553.

In re Estate of Christensen: Utah Rejects Contemplation of Marriage Standard in Omitted Spouse Cases, 1983 Utah L. Rev. 861.

In re Boyer: Guardianship of Incapacitated Adults in Utah, 1982 Utah L. Rev. 427.

Utah Trustees’ Powers Provisions – New Flexibility for Trustees and New Risks for Beneficiaries, 1977 Utah L. Rev. 265.

The Utah Uniform Probate Code – Protection of the Surviving Spouse – The Elective Share, 1976 Utah L. Rev. 771.

Illegitmates Inheriting Through Collateral Kindred in Utah: Does the Utah Statute Effect Legitimation, 1973 Utah L. Rev. 313.

Anatomy of a Near Murder of a Utah Joint Bank Account: Beehive State Bank v. Rosquist, 1972 Utah L. Rev. 210.

The Effect in Utah of a Divorce and Property Settlement on a Previously Executed Will – A Need for Legislation, 1972 Utah L. Rev. 177.

Note, Pour-Over Wills in Utah, 1971 Utah L. Rev. 368.

Exemptions from Utah’s Estate Tax, 1970 Utah L. Rev. 42.

Intestate Succession and Adoption in Utah: A Need for Legislation, 1969 Utah L. Rev. 56.

Statutory Dower and Inheritance Tax: The Widow’s Election Law, 1968 Utah L. Rev. 428.

Brigham Young University Law Review Articles

The following is a list of Brigham Young University Law Review articles on topics of interest to trust and estate attorneys.

Equal Protection for Illegitimate Children: A Consistent Rule Emerges, 1980 B.Y.U. L. Rev. 142.

Articles II and III of the Uniform Probate Code as Enacted in Utah, 1976 B.Y.U. L. Rev. 425.

Uniformity in State Inheritance Laws: How UPC Article II Has Fared in Nine Enactments, 1976 B.Y.U. L. Rev. 357.

The Uniform Probate Code – Does it Really Work?, 1976 B.Y.U. L. Rev. 395.

Journal of Law and Family Studies

The following is a list of articles published by the Journal of Law and Family Studies (through the University of Utah Law School) on topics of interest to trust and estate attorneys.

Legal and Ethical Issues Confronting Guardian ad Litem Practice, 13 J.L. Fam. Stud. 43 (2011).

Only Terri Knows for Sure: A Comparison of Utah and Florida Advance Medical Directive Statutes, 8 J.L. Fam. Stud. 465 (2006).

Offshore Asset Protection Trusts Are Making Waves in Utah, 6 J.L. Fam. Stud. 397 (2004).

Journal of Contemporary Law

The following is a list of articles published by the Journal of Contemporary Law (through the University of Utah Law School) on topics of interest to trust and estate attorneys.

Representing the Elderly Client and Addressing the Question of Competence, 14 J. Contemp. L. 61 (1988)

Utah’s Medicaid Program: A Senior’s Eligibility Guide for Private Practitioners, 14 J. Contemp. L. 1 (1988)

Utah Court Publications

Basic Guidelines for Court-Appointed Guardians and Conservators.

Available at and through the Utah State Bar website.

A packet of over 90 Forms for use in Utah probate proceedings is available from the Utah State Bar for a nominal fee. The State Bar obtained these forms from the Utah Third District Court in 1989. The forms were adapted for use in Utah from forms originally prepared by the Uniform State Law Commissioners in connection with the drafting of the Uniform Probate Code. The forms also appear in Utah Probate System by H. Reese Hansen and Stanley D. Neeleman.