Salt Lake Estate Planning Attorneys - Serving All of Utah
Affordable Solutions and Personal Service

Utah Living Trusts Attorney in Salt Lake City

A living trust written in combination with a last will and testament can form the foundation of the Utah estate planning process. A living trust is not a substitute for a will. But together, these two important estate planning documents can help avoid probate, and can help ensure that your estate will be distributed in accordance with your wishes and without unnecessary complications. Utah estate planning attorney Stephen Howard can help you begin the process of creating a comprehensive Utah estate plan including a living trust. He works personally with clients to create personalized estate planning solutions. Contact us today to schedule an initial consultation.

What is a Utah "living" trust?

The terms "living trust" and "living will" are often confused. But the two documents are serve vastly different purposes. A living will relates to end-of-life health care decisions. A living trust (sometimes called an "inter vivos trust"), on the other hand, is a trust created during the grantor's or trustor's lifetime. Under Utah law, a living trust can be used to hold and manage property during the grantor's lifetime as well as to manage and distribute property after the grantor's death.

A testamentary trust can also be used to distribute or manage property following a person's death. But unlike a living trust, a testamentary trust is created by a last will and testament, and only becomes effective following the death of the testator.

Benefits of a Living Trust in Utah

One of the chief benefits of a living trust in Utah is its ability to help avoid probate. While there are exceptional circumstances that may sometimes require a probate action, in many cases a well-drafted and properly funded living trust can help avoid the need for probate. Probate in Utah can be time-consuming and expensive, in some cases costing even more than what it would have cost to create a living trust. In the event that you become incapacitated or unable to manage your own affairs during your lifetime a living trust may also help avoid the need for a guardianship.

Like a last will and testament, a living trust can also provide detailed instructions for the distribution or management of your assets following your death. Without either a testamentary trust or a living trust, Utah law requires the immediate distribution of your estate upon your death. In some cases, this is fine. But if you want to delay distribution, have the distribution occur in stages, or have the distribution managed by another person, then a living trust or testamentary trust is required. A delayed or managed distribution can be important in cases where your children are minors, are not yet of an appropriate age to manage a substantial inheritance, or otherwise do not have the capacity to manage substantial assets. A trust provides you with the flexibility to manage the distribution of assets in a way that is appropriate to your circumstances.

Finding an Estate Planning and Trusts Lawyer in Utah

If you have not created a Utah estate plan including a living trust, or if it has been more than a couple of years since you updated your estate plan, contact us now to schedule an initial consultation with Utah estate planning attorney Stephen Howard. Based in Salt Lake City, he is pleased to offer legal services to clients throughout Utah.

Contact a Lawyer
** All fields are required. **
Name: Email: Phone: Describe your legal needs here:
I accept the disclaimer below.
Disclaimer: No attorney-client relationship is established by the use of this form. Confidential or time-sensitive information should not be submitted through this form. By clicking 'submit' I am only requesting that I be contacted for the purpose of obtaining legal services.

This form protected by reCAPTCHA.