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Announcements & Legislative Information

Passed:

Senate Bill 75 is an amendment to Article II of the Utah Uniform Probate Code, which has passed both the House and the Senate and was signed by the Governor on March 2, 1998. For a summary of this bill see: Senate Bill 75

Under Consideration:

An amendment to the Uniform Probate Code has been proposed prohibiting a beneficiary of a trust who is also the Trustee from making distributions from the trust to himself, except as limited by an ascertainable standard.

Uniform Guardianship and Protective Proceedings Act

The following is an outline of Senate Bill 75:

Code Section Description
75-2-102(b) Intestate succession - First $50,000 to surviving spouse in second marriage situation
75-2-106 Per capita at each generation (grandchildren treated equally if two or more children deceased and no will)
75-2-203 1/3 elective share. Definition of augmented estate includes investment portion of life insurance and retirement plan benefits
75-2-208 Elective share only applies to marital property (not to gifts, inheritances, or assets brought into marriage)
75-2-214 Payors of life insurance and other possible elective share assets fully protected
75-2-402 & 403 Increase in homestead and exempt property allowances
75-2-502 & 503 Will execution slightly liberalized
75-2-511 Pour over will to "dry" trust permitted
75-2-804 Divorce terminates provisions for divorced spouse and spouse's relatives in living trust like a will and severs joint tenancy
75-2-1001 New provision for honorary trusts for pets
75-2-1201 et seq. New provision - statutory rule against perpetuities





































 


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