75B-2-516. Counterclaims.
118 words·~1 min read·
/ut/title-75b/chapter-2/75b-2-516A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Effective 5/7/2025
75B-2-516. Counterclaims.
(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.
Renumbered and Amended by Chapter 310 , 2025 General Session