Utah Law of Trusts & Estates
The Utah Law of Trusts & Estates is a legal reference treatise that is available free-of-charge on this website.
The purpose of the treatise is to facilitate legal research by attorneys. The treatise may also be used as a teaching tool for law students. The treatise is not intended for use by persons who are neither attorneys nor law students. If you are not an attorney, you should consult with your attorney before making any legal decisions.
While we endeavor to keep the treatise accurate and up-to-date, no representation is made that the content in the treatise is either accurate or up-to-date.
Use of this treatise in no way establishes an attorney-client relationship between the user and either Bennett Tueller Johnson & Deere or Robert S. Tippett.
By proceeding to view the treatise, the user hereby releases The Utah Trust & Estate Educational Resource Center; UTEERC, LLC; UNLEPI, LLC; UNCATEI, LLC; ULTEA, LLC; ULTEB, LLC; Robert S. Tippett ; and Bennett Tueller Johnson & Deere from any and all liability associated with or arising out of his or her use of the treatise.
Welcome!
For non-lawyers, this website offers basic Utah estate planning information free-of-charge. It provides useful information on:
and other Utah estate planning issues.
Also available on this site, for lawyers, is The Utah Law of Trusts & Estates, a comprehensive 700-page legal reference treatise, as well as other information of interest to trust & estate attorneys, such as:
Current Legal Developments: A blog discussing recent Utah legislative developments and recent Utah Supreme Court and appellate court decisions of interest to trust and estate attorneys.
The Utah Rules of Professional Responsibility for Trust & Estate Lawyers: A 70-page article on the Rules of Professional Responsibility as they pertain to a trusts & estates practice in Utah.
Abstract of Utah Trust & Estate Law for Non-Utah Lawyers: A summary of Utah statutes that pertain to trusts and estates.
Utah Trustee Fee Survey Results: The results of a survey the author conducted of fees charged by institutional and private professional trustees in Utah for various types of assets.
Utah Trust & Estate Articles and Other Publications:A list of Utah Bar Journal articles, University of Utah and BYU Law Review articles and Utah Bar presentations on topics of interest to trust and estate attorneys.
Utah Trust Company Genealogy: A list of current Utah institutional trustees that have succeeded to the trust business of other Utah institutional trustees.
Utah Trust & Estate Address Book of Professional Resources:A convenient list of Utah accountants, real estate appraisers, business valuation experts, corporate trustees, private professional trustees, government offices and other persons and organizations providing services to trust and estate professionals in Utah.
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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 www.utahbar.org/barjournal. 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 www.utcourts.gov/howto/seniors/BasicGuidelines-2007.pdf 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.
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The material on this website is for general informational purposes only. All information is provided on an as-is basis, and no representation, warranty, promise or guaranty, express or implied, is made as to the accuracy of the information on this website.
The information on this website may be changed or updated without notice. While Utah Estate Education, LLC tries to maintain updated content, this website may not reflect the most current legal developments.
Non-lawyers should consult with their own estate planning lawyers regarding their individual estate planning needs.
Lawyers should independently verify the accuracy and completeness of the information on this website before advising their clients.
This website is not intended to be advertising for legal services. Neither Robert S. Tippett nor Bennett Tueller Johnson & Deere, P.C. wishes to represent anyone desiring representation based upon viewing this website in a state where doing so would violate any applicable laws or ethical rules of that state.
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