reglab/housing_qa huggingface dataset:
UT Code § 75-7-509 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 509 - Limitations on presentation of claims.

75-7-509. Limitations on presentation of claims.    (1) All claims against a deceased settlor which arose before the death of the deceased settlor, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis, if not barred earlier by other statute of limitations, are barred against the deceased settlor's estate, the trustee, the trust estate, and the beneficiaries of the deceased settlor's trust, unless presented within the earlier of the following:   (a) one year after the settlor's death; or     (b) the time provided by Subsection 75-7-508(2) or (3) for creditors who are given actual notice, and where notice is published, within the time provided in Subsection 75-7-508(1) for all claims barred by publication.       (2) In all events, claims barred by the nonclaim statute at the deceased settlor's domicile are also barred in this state.     (3) All claims against a deceased settlor's estate or trust estate which arise at or after the death of the settlor, whether due or to become due, absolute or contingent, liquidated or unliquidated, founded on contract, tort, or other legal basis are barred against the deceased settlor's estate, the trustee, the trust estate, and the beneficiaries of the deceased settlor, unless presented as follows:   (a) a claim based on a contract with the trustee within three months after performance by the trustee is due; or     (b) any other claim within the later of three months after it arises, or the time specified in Subsection (1).       (4) Nothing in this section affects or prevents:   (a) any proceeding to enforce any mortgage, pledge, or other lien upon property of the deceased settlor's estate or the trust estate;     (b) to the limits of the insurance protection only, any proceeding to establish liability of the deceased settlor or the trustee for which he is protected by liability insurance;     (c) collection of compensation for services rendered and reimbursement for expenses advanced by the trustee or by the attorney or accountant for the trustee of the trust estate; or     (d) the right to recover medical assistance provided to the settlor under Title 26, Chapter 19, Medical Benefits Recovery Act.      Amended by Chapter 72, 2004 General SessionRenumbered and Amended by Chapter 89, 2004 General SessionAmended by Chapter 90, 2004 General Session
UT Code § 75-7-510 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 510 - Manner of presentation of claims.

75-7-510. Manner of presentation of claims.    (1) Claims against a deceased settlor's estate or inter vivos revocable trust shall be presented as follows:   (a) The claimant may deliver or mail to the trustee, or the trustee's attorney of record, a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed. The claim is considered presented upon the receipt of the written statement of claim by the trustee or the trustee's attorney of record. If a claim is not yet due, the date when it will become due shall be stated. If the claim is contingent or unliquidated, the nature of the uncertainty shall be stated. If the claim is secured, the security shall be described. Failure to describe correctly the security, the nature of any uncertainty, and the due date of a claim not yet due does not invalidate the presentation made.     (b) The claimant may commence a proceeding against the trustee in any court where the trustee may be subjected to jurisdiction to obtain payment of the claim against the deceased settlor's estate or the trust estate, but the commencement of the proceeding must occur within the time limited for presenting the claim. No presentation of claim is required in regard to matters claimed in proceedings against the deceased settlor which were pending at the time of the deceased settlor's death.       (2) If a claim is presented under Subsection (1)(a), no proceeding thereon may be commenced more than 60 days after the trustee has mailed a notice of disallowance; but, in the case of a claim which is not presently due or which is contingent or unliquidated, the trustee may consent to an extension of the 60-day period, or to avoid injustice, the court, on petition, may order an extension of the 60-day period, but in no event may the extension run beyond the applicable statute of limitations.    Renumbered and Amended by Chapter 89, 2004 General Session
UT Code § 75-7-511 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 511 - Classification of claims.

 Effective 5/8/2018  75-7-511. Classification of claims.    (1) If the applicable assets of the deceased settlor's estate or trust estate are insufficient to pay all claims in full, the trustee shall make payment in the following order:   (a) reasonable funeral expenses;     (b) costs and expenses of administration;     (c) debts and taxes with preference under federal law;     (d) reasonable and necessary medical and hospital expenses of the last illness of the deceased settlor, including compensation of persons attending the deceased settlor, and medical assistance if Section 26-19-405 applies;     (e) debts and taxes with preference under other laws of this state; and     (f) all other claims.       (2) No preference shall be given in the payment of any claim over any other claim of the same class, and a claim due and payable shall not be entitled to a preference over claims not due.    Amended by Chapter 443, 2018 General Session
UT Code § 75-7-512 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 512 - Allowance of claims.

75-7-512. Allowance of claims.    (1) As to claims presented in the manner described in Section 75-7-510 and within the time limit prescribed in Section 75-7-509, the trustee may mail a notice to any claimant stating that the claim has been allowed or disallowed. If, after allowing or disallowing a claim, the trustee changes the decision concerning the claim, the trustee shall notify the claimant. The trustee may not change a disallowance of a claim after the time for the claimant to file a petition for allowance or to commence a proceeding on the claim has expired and the claim has been barred. If the notice of disallowance warns the claimant of the impending bar, a claim which is disallowed in whole or in part by the trustee is barred so far as not allowed, unless the claimant seeks a court-ordered allowance by filing a petition for allowance in the court or by commencing a proceeding against the trustee not later than 60 days after the mailing of the notice of disallowance or partial allowance. If the trustee fails to mail notice to a claimant of action on the claim within 60 days after the time for original presentation of the claim has expired, this failure has the effect of a notice of allowance.     (2) Upon the petition of the trustee or a claimant in a proceeding for this purpose, the court may order any claim presented to the trustee or trustee's attorney in a timely manner and not barred by Subsection (1) to be allowed in whole or in part. Notice of this proceeding shall be given to the claimant, the trustee, and those other persons interested in the trust estate as the court may direct by order at the time the proceeding is commenced.     (3) A judgment in a proceeding in another court against the trustee to enforce a claim against a deceased settlor's estate is a court-ordered allowance of the claim.     (4) Unless otherwise provided in any judgment in another court entered against a trustee, allowed claims bear interest at the legal rate for the period commencing six months after the deceased settlor's date of death unless based on a contract making a provision for interest, in which case they bear interest in accordance with that provision.    Renumbered and Amended by Chapter 89, 2004 General Session
UT Code § 75-7-513 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 513 - Payment of claims.

75-7-513. Payment of claims.    (1) Upon the expiration of the earliest of the time limitations provided in Section 75-7-509 for the presentation of claims, the trustee shall pay the claims allowed against the deceased settlor's estate in the order of priority prescribed, after making provision for claims already presented which have not yet been allowed or whose allowance has been appealed, and for unbarred claims which may yet be presented, including costs and expenses of administration. By petition to the court in a proceeding for that purpose, a claimant whose claim has been allowed but not paid as provided in this section may secure an order directing the trustee to pay the claim to the extent that funds of the deceased settlor's estate or trust estate are available for the payment.     (2) The trustee at any time may pay any just claim that has not been barred, with or without formal presentation, but the trustee shall be personally liable to any other claimant whose claim is allowed and who is injured by the payment if:   (a) the payment was made before the expiration of the time limit stated in Subsection (1) and the trustee failed to require the payee to give adequate security for the refund of any of the payment necessary to pay other claimants; or     (b) the payment was made, due to the negligence or willful fault of the trustee, in a way that deprived the injured claimant of his priority.      Renumbered and Amended by Chapter 89, 2004 General SessionAmended by Chapter 282, 2004 General Session
UT Code § 75-7-514 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 514 - Secured claims.

75-7-514. Secured claims.  Payment of a secured claim shall be upon the basis of the amount allowed if the creditor surrenders his security; but otherwise payment shall be based upon one of the following:  (1) if the creditor exhausts his security before receiving payment, unless precluded by another provision of the law, upon the amount of the claim allowed less the fair value of the security; or     (2) if the creditor does not have the right to exhaust his security or has not done so, upon the amount of the claim allowed less the value of the security determined by converting it into money according to the terms of the agreement pursuant to which the security was delivered to the creditor, or by the creditor and trustee by agreement, arbitration, compromise, or litigation.    Renumbered and Amended by Chapter 89, 2004 General Session
UT Code § 75-7-515 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 515 - Claims not due and contingent or unliquidated claims.

75-7-515. Claims not due and contingent or unliquidated claims.    (1) If a claim which will become due at a future time or a contingent or unliquidated claim becomes due or certain before the distribution of the trust estate, and if the claim has been allowed or established by a proceeding, it shall be paid in the same manner as presently due and absolute claims of the same class.     (2) In other cases the trustee, or, on petition of the trustee or the claimant in a special proceeding for that purpose, the court, may provide for payment as follows:   (a) if the claimant consents, he may be paid the present or agreed value of the claim, taking any uncertainty into account; or     (b) arrangement for future payment, or possible payment, on the happening of the contingency or on liquidation may be made by creating a trust, giving a mortgage, obtaining a bond or security from a beneficiary, or otherwise.      Renumbered and Amended by Chapter 89, 2004 General Session
UT Code § 75-7-516 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 516 - Counterclaims.

75-7-516. Counterclaims.    (1) In allowing a claim, the trustee may deduct any counterclaim which the deceased settlor's estate has against the claimant. In determining a claim against a deceased settlor's estate, a court shall reduce the amount allowed by the amount of any counterclaims and, if the counterclaims exceed the claim, render a judgment against the claimant in the amount of the excess.     (2) A counterclaim, liquidated or unliquidated, may arise from a transaction other than that upon which the claim is based.     (3) A counterclaim may give rise to relief exceeding in amount or different in kind from that sought in the claim.    Renumbered and Amended by Chapter 89, 2004 General Session
UT Code § 75-7-517 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 517 - Execution and levies prohibited.

75-7-517. Execution and levies prohibited.    (1) No execution may issue upon nor may any levy be made against any property of the deceased settlor's estate under any judgment against a deceased settlor or a trustee.     (2) This section may not be construed to prevent the enforcement of mortgages, pledges, or liens upon real or personal property in an appropriate proceeding.    Renumbered and Amended by Chapter 89, 2004 General Session
UT Code § 75-7-518 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 518 - Compromise of claims.

75-7-518. Compromise of claims.  When a claim against a deceased settlor's estate has been presented in any manner, the trustee may, if it appears in the best interest of the deceased settlor's estate, compromise the claim, whether due or not due, absolute or contingent, liquidated or unliquidated.  Renumbered and Amended by Chapter 89, 2004 General Session
UT Code § 75-7-519 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 5 - Creditor's Claims - Spendthrift and Discretionary Trusts|Section 519 - Encumbered assets.

75-7-519. Encumbered assets.    (1) If any assets of the deceased settlor's estate are encumbered by mortgage, pledge, lien, or other security interest, the trustee may pay the encumbrance or any part thereof, renew or extend any obligation secured by the encumbrance, or convey or transfer the assets to the creditor in satisfaction of his lien, in whole or in part, whether or not the holder of the encumbrance has presented a claim, if it appears to be in the best interest of the deceased settlor's estate.     (2) Payment of an encumbrance does not increase the share of the beneficiary entitled to the encumbered assets unless the beneficiary is entitled to exoneration or unless the terms of the deceased settlor's trust, under which the beneficiary is entitled to the encumbered assets, provides otherwise.    Renumbered and Amended by Chapter 89, 2004 General Session
UT Code § 75-7-604 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 6 - Revocable Trusts|Section 604 - Capacity of settlor of revocable trust.

75-7-604. Capacity of settlor of revocable trust.  The capacity required to create, amend, revoke, or add property to a revocable trust, or to direct the actions of the trustee of a revocable trust, is the same as that required to make a will.  Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-605 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 6 - Revocable Trusts|Section 605 - Revocation or amendment of revocable trust.

75-7-605. Revocation or amendment of revocable trust.    (1) Unless the terms of a trust expressly provide that the trust is irrevocable, the settlor may revoke or amend the trust. This Subsection (1) does not apply to a trust created under an instrument executed before May 1, 2004.     (2) If a revocable trust is created or funded by more than one settlor:   (a) to the extent the trust consists of community property, the trust may be revoked by either spouse acting alone but may be amended only by joint action of both spouses; and     (b) to the extent the trust consists of property other than community property, each settlor may revoke or amend the trust with regard to the portion of the trust property attributable to that settlor's contribution.       (3) The settlor may revoke or amend a revocable trust:   (a) by substantially complying with a method provided in the terms of the trust; or     (b) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by:   (i) executing a later will or codicil that expressly refers to the trust or specifically devises property that would otherwise have passed according to the terms of the trust; or     (ii) any other method manifesting clear and convincing evidence of the settlor's intent.         (4) Upon revocation of a revocable trust, the trustee shall deliver the trust property as the settlor directs.     (5) A settlor's powers with respect to revocation, amendment, or distribution of trust property may be exercised by an agent under a power of attorney only to the extent expressly authorized by the terms of the trust or the power.     (6) A conservator of the settlor or, if no conservator has been appointed, a guardian of the settlor may exercise a settlor's powers with respect to revocation, amendment, or distribution of trust property only with the approval of the court supervising the conservatorship or guardianship.     (7) A trustee who does not know that a trust has been revoked or amended is not liable to the settlor or settlor's successors in interest for distributions made and other actions taken on the assumption that the trust had not been amended or revoked.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-606 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 6 - Revocable Trusts|Section 606 - Settlor's powers -- Powers of withdrawal.

 Effective 5/14/2019  75-7-606. Settlor's powers -- Powers of withdrawal.    (1)   (a) To the extent a trust is revocable by a settlor, a trustee may follow a direction of the settlor that is contrary to the terms of the trust.     (b) To the extent a trust is revocable by a settlor in conjunction with a person other than a trustee or a person holding an adverse interest, the trustee may follow a direction from the settlor and the other person holding the power to revoke even if the direction is contrary to the terms of the trust.       (2) To the extent a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries are subject to the control of, and the duties of the trustee are owed exclusively to, the settlor.     (3) If a revocable trust has more than one settlor, the duties of the trustee are owed to all of the settlors having capacity to revoke the trust.     (4) During the period the power may be exercised, the holder of a power of withdrawal has the rights of a settlor of a revocable trust under this section to the extent of the property subject to the power.    Amended by Chapter 153, 2019 General Session
UT Code § 75-7-607 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 6 - Revocable Trusts|Section 607 - Limitation on action contesting validity of revocable trust -- Distribution of trust property.

75-7-607. Limitation on action contesting validity of revocable trust -- Distribution of trust property.    (1) A person shall commence a judicial proceeding to contest the validity of a trust that was revocable at the settlor's death within the earlier of:   (a) three years after the settlor's death; or     (b) 90 days after the trustee sent the person a copy of the trust instrument and a notice informing the person of the trust's existence, of the trustee's name and address, and of the time allowed for commencing a proceeding.       (2) Upon the death of the settlor of a trust that was revocable at the settlor's death, the trustee may proceed to distribute the trust property in accordance with the terms of the trust. The trustee is not subject to liability for doing so unless:   (a) the trustee knows of a pending judicial proceeding contesting the validity of the trust; or     (b) a potential contestant has notified the trustee of a possible judicial proceeding to contest the trust and a judicial proceeding is commenced within 60 days after the contestant sent the notification.       (3) With respect to a potential contest, the trustee is only liable for actions taken two or more business days after the trustee has actual receipt of written notice from a potential contestant. The written notice shall include the name of the settlor or of the trust, the name of the potential contestant, and a description of the basis for the potential contest. The written notice shall be mailed to the trustee at the principal place of administration of the trust by registered or certified mail, return receipt requested, or served upon the trustee in the same manner as a summons in a civil action. Any other form or service of notice is not sufficient to impose liability on the trustee for actions taken pursuant to the terms of the trust.     (4) A beneficiary of a trust that is determined to have been invalid is liable to return any distribution received.    Enacted by Chapter 89, 2004 General Session
UT Code § 75-7-701 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 7 - Utah Uniform Trust Code|Part 7 - Office of Trustee|Section 701 - Accepting or declining trusteeship.

75-7-701. Accepting or declining trusteeship.    (1) Except as otherwise provided in Subsection (3), a person designated as trustee accepts the trusteeship:   (a) by substantially complying with a method of acceptance provided in the terms of the trust; or     (b) if the terms of the trust do not provide a method or the method provided in the terms is not expressly made exclusive, by accepting delivery of the trust property, exercising powers or performing duties as trustee, or otherwise indicating acceptance of the trusteeship.       (2) A person designated as trustee who has not yet accepted the trusteeship may reject the trusteeship. A designated trustee who does not accept the trusteeship within a reasonable time after knowing of the designation is considered to have rejected the trusteeship.     (3) A person designated as trustee, without accepting the trusteeship, may:   (a) act to preserve the trust property if, within a reasonable time after acting, the person sends a rejection of the trusteeship to the settlor or, if the settlor is dead or lacks capacity, to a qualified beneficiary; and     (b) inspect or investigate trust property to determine potential liability under environmental or other law or for any other purpose.      Enacted by Chapter 89, 2004 General Session