Dahl v. Dahl: Utah Supreme Court Rules Trusts Not a Domestic Asset Protection Trust!

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by Steven J. Oshins, JD, AEP (Distinguished) and Jeremy B. Spackman, JD, Reproduced with the permission of Leimberg Information Services, Inc

Dahl v. Dahl received a lot of attention from practitioners since it appeared to be the only Domestic Asset Protection Trust case that had been decided on a choice-of-law basis. However, in a decision filed January 30, 2015, the Supreme Court of the State of Utah has reversed most of the lower court’s decision. But it’s not exactly what you may think! Hint: The Court ruled that the trust was a revocable trust, not a DAPT.

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