Estate Planning

Minutes: January 11, 1999

Held at the Utah State Bar Offices

Present:
Cindy Crass
Laurie Hart
Steve Dixon
Karl Mangum
Mark Lehman
Tom Christensen
Gary Henrie

Guest:
Jerry Horowitz

1. Today's speaker is Dave Castleton. Laurie Hart will introduce.

2. Cindy asked if anyone had any outstanding bills that needed reimbursement from Section funds. There were none.

3. Laurie mentioned that she had been contacted with regard to the Section drafted forms and their availability. Laurie was told that the forms might still be available through the Bar but that any recipient needed to be informed that the forms were OLD and that no representation as to their efficacy could be made.

4. Laurie mentioned that Clint Bullock would be notifying members of our Section about a Tax Section lunch on Conservation Easements.

5. The Committee reviewed the attached draft of Policies and Procedures the Section will use with respect to Legislative matters. The Committee had a couple minor suggestions to add language giving the Bar written notice of our actions with the ability to move ahead absent response after reasonable notice to the Bar. With the corrections the Policies and Procedures were approved and were to be sent to Earl Tanner to be brought to the Bar authorities per bar pollicies and procedures.

6. The Committee reviewed the proposed Protective "Ascertainable Standard" bill proposed by Jerry Horowitz. Jerry explained that Sen. Montgomery will sponsor this bill but sought Section support. Because we did not have the necessary 2/3 of the Executive Committee in attendance Cindy was going to poll Executive committee members per the new Policies and Procedures. Cindy, Mike Blackburn, Steve Dixon, Tom Christensen, Laurie Hart, Karl Mangum, Earl Tanner, Gary Henrie, and Mark Lehman have indicated they approve the Section going ahead with the bill. (Through phone calls on the 12th David Lauritzen indicated he would not oppose. So did Sen. Valentine although he was concerned that the Uniform Comm'n on State Laws has not approved the language of the bill.)

7. The Committee then discussed the Technical Corrections bill to the Uniform Probate Code Amendments. Cindy said that she had corresponded with Stan Neeleman and Sen. Valentine as to the Executive Committee's recommendation that the evidentiary standard be changed to "preponderance of the evidence." Steve and Tom discussed the striking of the language regarding elective share offset by non-probate transfers. After discussion among the Executive Committee and Tom and Steve we will support the striking but ask Prof. Neeleman to fix the footnote to make clear the intent that non-probate transfers will offset the elective share.

8. Cindy mentioned that as a result of her and Earl's work on the Legislative Policies and Procedures it has come to light that our Bylaws are out of date. Steve will fax Cindy the web page Bylaws. Those will be compared with the written Bylaws and Cindy, Gary, Laurie and Dave Castleton will work together to get those updated.

There being no further business the meeting adjourned.

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Minutes recorded by Cindy Crass

P.S. After the meeting I contacted Sen. Valentine as indicated. Tanny Dowling is working on the Technical Corrections bill . She awaits one more item from Prof. Neeleman. Cindy and Steve Dixon will contact Prof. Neeleman to ask about number 7 above in an effort to get the bill ready in the best possible shape for introduction to the Legislature.