An accounting by a fiduciary usually involves an inventory of assets, debts, income, expenditures, and other items, which is submitted to a court. Such an accounting is used in various contexts, such as administration of a trust, estate, guardianship or conservatorship. Generally, a prior demand by an appropriate party for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting.
Utah Petition to Require Accounting from Testamentary Trustee
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A fiduciary is a person with a duty to act primarily for the benefit of another and is in a position to have and exercise and does have and exercise influence over another. Id. In short, a fiduciary relationship implies a condition of superiority of one of the parties over the other.
Generally, assets in a revocable trust, including houses, should be distributed or sold within 12-18 months.
A fiduciary must act in good faith; he must not make a profit out of his trust; he must not place himself in a position where his duty and his interest may conflict; he may not act for his own benefit or the benefit of a third person without the informed consent of his principal?.
Abuse of psychotoxic chemical solvents. the person offers, sells, or provides a psychotoxic chemical solvent to another person, knowing that other person or a third party intends to possess or use that psychotoxic chemical solvent in violation of Subsection (1)(a).
In the event the fiduciary did act to benefit himself or herself at the expense of the beneficiary, was purposefully dishonest in their business practices, or did not otherwise live up to the duties of loyalty and disclosure, legal consequences can then result.
Failure to respond to officer's signal to stop -- Fleeing -- Causing property damage or bodily injury -- Suspension of driver's license -- Forfeiture of vehicle -- Penalties. attempt to flee or elude a law enforcement officer by vehicle or other means.
Evidence of death or status. A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report.
Ing to Utah law, a testator has testamentary capacity if ?he is able to remember who were the natural objects of his bounty, recall to his mind his property, and make disposition of it understandingly, ing to some purpose or plan formed in his mind.?[3] This means that when the testator is executing his ...
Section 22-3-201 - Fiduciary duties - General principles (1) In making an allocation or determination or exercising discretion under this chapter, a fiduciary shall: (a) act in good faith, based on what is fair and reasonable to all beneficiaries; (b) administer a trust or estate impartially, except to the extent the ...
In Utah, the requirement that the trustee keep beneficiaries informed generally applies only to ?qualified beneficiaries.? A qualified beneficiary is any beneficiary who is a current or permissible distributee of trust income or principal, or any beneficiary who would be a distributee if the trust terminated at the ...