(1) When title to real property is granted to a person as trustee, the terms of the trust may be given either:

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Terms Used In Utah Code 75-7-816 v2

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Grantor: The person who establishes a trust and places property into it.
  • Person: means an individual or an organization. See Utah Code 75-1-201 v2
  • Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • real property: includes :
         (31)(a) land;
         (31)(b) a tenement;
         (31)(c) a hereditament;
         (31)(d) a water right;
         (31)(e) a possessory right; and
         (31)(f) a claim. See Utah Code 68-3-12.5
  • Trust: includes :
              (60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;
              (60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or
              (60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2
  • Trustee: A person or institution holding and administering property in trust.
  • Trustee: includes an original, additional, and successor trustee, and cotrustee, whether or not appointed or confirmed by the court. See Utah Code 75-1-201 v2
     (1)(a) in the deed of transfer; or
     (1)(b) in an instrument signed by the grantor and recorded in the same office as the grant to the trustee.
(2) If the terms of the trust are not made public as required in Subsection (1), a conveyance from the trustee is absolute in favor of purchasers for value who take the property without notice of the terms of the trust.
(3) The terms of the trust recited in the deed of transfer or the instrument recorded under Subsection (1)(b) shall include:

     (3)(a) the name of the trustee;
     (3)(b) the address of the trustee; and
     (3)(c) the name and date of the trust.
(4) Any real property titled in a trust which has a restriction on transfer described in Section 75B-1-302 shall include in the title the words “asset protection trust.”

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