Porenta v. Porenta

Associate Chief Justice Lee, dissenting:

¶ 56 Robert Porenta transferred marital property to his mother (Louise Porenta) while he was going through a divorce with his wife (Patricia Porenta). Robert then died while the divorce case was pending-before a divorce decree issued. Patricia now seeks to recover the property from Louise via a claim under the Utah Fraudulent Transfer Act (UFTA).

¶ 57 The property transfer was apparently fraudulent under the UFTA at the time of the transfer. But Patricia cannot recover under the UFTA unless she identifies a "claim" (as defined in the UFTA) against Robert…