ESTATE PLANNING SECTION OF THE UTAH STATE BAR
MINUTES OF EXECUTIVE COMMITTEE MEETING
NOVEMBER 30, 1998

At the Offices of Cindy Crass, First Security Bank

Present: Cindy Crass, Kent Alderman, Steve Dixon, Mike Blackburn, Laurie Hart, Earl Tanner, Gary Henrie, and Tom Christensen

Cindy called the meeting to order and proceeded through the agenda as follows:

1. Legislative Matters. Tom Chrisensen discussed the Technical Corrections Bill that was being submitted to the Legislature this year. The bill is being drafted by Stan Neeleman and will deal with the definition of incapacity which was mistakenly taken out of the statute last year. Also discussed were issues raised on the change of the Elective Share provisions of the Probate Code. The group discussed whether or not the level of proof of "co-mingled property" should be "clear and convincing" v. "preponderance of the evidence." It was generally agreed that "preponderance of the evidence" was the better standard.

Steve Dixon raised the question of whether or not the definition of "ascertainable standard" would be included in this bill. Tom indicated that John Valentine wanted to keep it out of this bill and keep the bill just a Technical Corrections Bill.

Kent Alderman discussed briefly the Office of Public Guardian and the opposition of some of the counties to the bill. Laurie Hart raised the question of whether or not to amend the Professional Corporation's Statute to allow for transfer of shares in a professional corporation to a trust.

Earl Tanner reported that at the Bar meeting he attended, the Governmental Affairs Committee indicated that two things were needed to get approval for the Bar to lobby in support of legislation. First, the section must have rules governing how the section determines support and second, the proposed legislation must be submitted to the Government Affairs Committee for review.

2. Programs for 1999. Cindy reviewed with the Committee the list of programs to be presented for the rest of 1999.

3. Website. Steve Dixon discussed the status of the website. There was a discussion of what materials should be placed on the website and if there is a simple way to get to the section's website.

4. New Business. Cindy raised a question of whether or not anyone wanted to look at the Uniform Principle and Interest Act which is being amended. It was decided that it should be looked at in conjunction with the Uniform Trust Act. Cindy also raised the question of whether or not the section would be interested in sponsoring a golf tournament/ethics CLE presentation in June. After discussion it was decided that September might be a better month but generally the committee was in favor of the golf tournament.

There being no further business, the meeting was adjourned.

Kent B. Alderman
Secretary, Treasurer