75-2-405 - Source, determination, and documentation. - Utah Statutes

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Statutes > Utah > Title-75 > Chapter-02 > 75-2-405

75-2-405. Source, determination, and documentation.
(1) If the estate is otherwise sufficient, property specifically devised may not be used tosatisfy rights to homestead allowance or exempt property. Subject to this restriction, thesurviving spouse, guardians of minor children, or children who are adults may select property ofthe estate as homestead allowance and exempt property. The personal representative may makethose selections if the surviving spouse, the children, or the guardians of the minor children areunable or fail to do so within a reasonable time or there is no guardian of a minor child. Thepersonal representative may execute an instrument or deed of distribution to establish theownership of property taken as homestead allowance or exempt property. The personalrepresentative may determine the family allowance in a lump sum not exceeding $27,000 orperiodic installments not exceeding $2,250 per month for one year, and may disburse funds ofthe estate in payment of the family allowance and any part of the homestead allowance payable incash. The personal representative or an interested person aggrieved by any selection,determination, payment, proposed payment, or failure to act under this section may petition thecourt for appropriate relief, which may include a family allowance other than that which thepersonal representative determined or could have determined.
(2) If the right to an elective share is exercised on behalf of a surviving spouse who is anincapacitated person, the personal representative may add any unexpended portions payableunder the homestead allowance, exempt property, and family allowance to the trust establishedunder Subsection 75-2-212(2).

Amended by Chapter 93, 2010 General Session

State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-02 > 75-2-405

75-2-405. Source, determination, and documentation.
(1) If the estate is otherwise sufficient, property specifically devised may not be used tosatisfy rights to homestead allowance or exempt property. Subject to this restriction, thesurviving spouse, guardians of minor children, or children who are adults may select property ofthe estate as homestead allowance and exempt property. The personal representative may makethose selections if the surviving spouse, the children, or the guardians of the minor children areunable or fail to do so within a reasonable time or there is no guardian of a minor child. Thepersonal representative may execute an instrument or deed of distribution to establish theownership of property taken as homestead allowance or exempt property. The personalrepresentative may determine the family allowance in a lump sum not exceeding $27,000 orperiodic installments not exceeding $2,250 per month for one year, and may disburse funds ofthe estate in payment of the family allowance and any part of the homestead allowance payable incash. The personal representative or an interested person aggrieved by any selection,determination, payment, proposed payment, or failure to act under this section may petition thecourt for appropriate relief, which may include a family allowance other than that which thepersonal representative determined or could have determined.
(2) If the right to an elective share is exercised on behalf of a surviving spouse who is anincapacitated person, the personal representative may add any unexpended portions payableunder the homestead allowance, exempt property, and family allowance to the trust establishedunder Subsection 75-2-212(2).

Amended by Chapter 93, 2010 General Session

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State Codes and Statutes

Statutes > Utah > Title-75 > Chapter-02 > 75-2-405

75-2-405. Source, determination, and documentation.
(1) If the estate is otherwise sufficient, property specifically devised may not be used tosatisfy rights to homestead allowance or exempt property. Subject to this restriction, thesurviving spouse, guardians of minor children, or children who are adults may select property ofthe estate as homestead allowance and exempt property. The personal representative may makethose selections if the surviving spouse, the children, or the guardians of the minor children areunable or fail to do so within a reasonable time or there is no guardian of a minor child. Thepersonal representative may execute an instrument or deed of distribution to establish theownership of property taken as homestead allowance or exempt property. The personalrepresentative may determine the family allowance in a lump sum not exceeding $27,000 orperiodic installments not exceeding $2,250 per month for one year, and may disburse funds ofthe estate in payment of the family allowance and any part of the homestead allowance payable incash. The personal representative or an interested person aggrieved by any selection,determination, payment, proposed payment, or failure to act under this section may petition thecourt for appropriate relief, which may include a family allowance other than that which thepersonal representative determined or could have determined.
(2) If the right to an elective share is exercised on behalf of a surviving spouse who is anincapacitated person, the personal representative may add any unexpended portions payableunder the homestead allowance, exempt property, and family allowance to the trust establishedunder Subsection 75-2-212(2).

Amended by Chapter 93, 2010 General Session