Utah Code 75-7-516. Counterclaims
Current as of: 2024 | Check for updates
|
Other versions
(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.
Terms Used In Utah Code 75-7-516
- Counterclaim: A claim that a defendant makes against a plaintiff.
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
(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.