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Utah Probate Court Was Authorized To Appoint Personal Representative More Than Three Years After Decedent’s Death

June 11, 2012

Authors

Luke Lantta

Utah Probate Court Was Authorized To Appoint Personal Representative More Than Three Years After Decedent’s Death

June 11, 2012

by: Luke Lantta

In an attempt to provide certainty to property rights, the Utah Legislature included in the Utah Probate Code a provision that limits certain proceedings where neither an heir nor a creditor has requested the administration of an estate within three years of the decedent’s death (Utah Code 75-3-107).

In In the Matter of the Estate of Eleanor Strand, a party alleged that this limitation extended to the ability of the probate court to appoint a personal representative of an intestate estate more than three years after the decedent’s death.  Not so, said the Utah Court of Appeals, and here’s why.

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Discovery Rule Tolls Statute Of Limitations In Utah Trust Litigation

November 7, 2011

Authors

Luke Lantta

Discovery Rule Tolls Statute Of Limitations In Utah Trust Litigation

November 7, 2011

by: Luke Lantta

The concept of a statute of limitations is easy to understand: a lawsuit has to be commenced within so many years after the complained of act occurred or you can’t pursue the lawsuit.  Where it gets tricky are all the exceptions to the rule.  For example, if the wrongdoer concealed the wrongful act or the wrongful act occurred in some way that made it highly unlikely that the aggrieved person would know about it, then the statute of limitations shouldn’t start running until the injured person knows or through reasonable diligence should have known about the wrongful act.  This “tolling” of the statute of limitations is called the discovery rule: the statute of limitations doesn’t start running until a plaintiff knew or reasonably should have known of the act.

Not all states apply the discovery rule, and not all states apply it to every cause of action.  In Bowen v. Bowen,

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