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Utah Code § 75B-2-516

Counterclaims

Renumbered and Amended by Chapter 310, 2025 General Session

(1)

(a) In allowing a claim, the trustee may deduct any counterclaim which the deceased settlor's estate has against the claimant.

(b) 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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.