Piercing the Facade of Utah's "Improved" Elective Share Statute

So long as the Utah Legislature insists on a distinction between marital and non-marital assets, a decedent will be able to disinherit a surviving spouse by depleting marital assets and living on non-marital assets. However, we believe this problem is less significant than the other two. To begin with, it requires that a decedent have had during lifetime significant non-marital assets that were not commingled and are readily identifiable. Moreover, it requires that the scheme of disinheritance can be contemplated at least two years before death, since marital assets alienated during this period will be largely recoverable.