Rowe & Walton PC

Trust & Wills Law Firm

Bountiful, Utah Law Firm

Our Professional Team Is Here To Help.

Securing Your Legacy: Taking Control with Trusts and Wills

Let’s talk frankly about something most people put off: planning what happens after you’re gone. It’s never easy to think about, but here’s the truth: putting off your estate plan doesn’t just affect your finances—it burdens your family. If you don’t set the terms while you’re alive, disagreements can erupt between beneficiaries, and the state, not your loved ones, ends up making the decisions.

A solid will or trust is more than just paper; it’s a detailed instruction manual that guarantees your assets go exactly where you want them to, when you want them to, and with minimum fuss.

At Rowe & Walton, PC, protecting your legacy shouldn’t be a confusing or stressful legal maze. We don’t just hand you a standard document. We sit down, listen to your goals, and design a custom-tailored plan that is comprehensive, flexible, and ideally suited to your unique life here in Utah. Our job is to give you peace of mind now, knowing your family will be protected later.

The Two Foundational Pillars of Every Plan

While wills and trusts both manage your assets, they work in very different ways and accomplish other goals. It’s essential to understand how they function together.

The Last Will: A Necessity

A will is a legal document detailing how you want your property distributed after your death. When done correctly, it gives you the absolute confidence that your property, bank accounts, and possessions will be handled according to your wishes.

But a will does something even more essential than distributing property: it lets you name an executor (the person responsible for carrying out your instructions) and, most importantly, name guardians for your minor children. This is the only place to legally define who will raise your kids if you and your spouse are both gone. Without a will, a court decides who will take custody and who will manage their inheritance, a scenario that is both emotionally and financially draining for everyone involved.

The Trust: Flexibility and Privacy

A trust is a different type of planning tool. Think of it as a private legal entity that holds title to your assets for the benefit of specific people. Unlike a will, a trust can be used to manage your property while you’re alive and then distribute it seamlessly upon your death.

The people involved are always the same:

The Grantor (that’s you), who creates and funds the trust.
The Trustee, who is tasked with managing the assets.
The Beneficiary, who ultimately receives the assets.

The primary benefit of a properly funded trust is that it enables your assets to be distributed privately and efficiently, thereby avoiding the probate court process.

Speak with A Trust & Will Attorney

Contact our team today to learn more.

Why Avoiding Probate Matters

If an asset is solely in your name when you die, your estate generally has to go through probate. What is probate? It is the official, court-supervised legal process of settling an estate.

Here is why most people in Utah look for ways to minimize or avoid it:

Time and Cost: Probate can easily drag on for six months to two years, often involving significant court fees and attorney costs, which are paid out of your estate.
Lack of Privacy: Since it is a court process, probate is a public record. Anyone—curious neighbors, creditors, or aggressive marketers—can look up the details of your assets, debts, and who received what.
Family Delay: Probate locks up assets, meaning your beneficiaries may have to wait months before they can access their inheritance or sell specific property.

A Revocable Living Trust is the gold standard for avoiding probate. Assets transferred into the trust are no longer legally considered “yours” and can be transferred to your beneficiaries immediately upon your death, following the private instructions you laid out.

Choosing the Right Legal Vehicle

Trusts come in many forms, each designed for a specific purpose. We help you choose the type that aligns with your goals, whether that’s simple distribution or sophisticated tax planning.

Revocable vs. Irrevocable

The names explain the main difference:

Revocable Living Trusts can be changed, altered, or canceled by you at any time. They give you maximum flexibility and are primarily used to avoid probate and manage assets if you become incapacitated.
Irrevocable Trusts cannot generally be changed once signed. Why use one? Because assets placed inside are no longer counted as part of your taxable estate. They are excellent tools for protecting assets from creditors or minimizing federal estate taxes.

Special Needs Trusts (SNTs)

This is one of the most compassionate types of trusts. It is designed to hold assets for a loved one with a disability. Crucially, the funds in an SNT do not disqualify the Beneficiary from essential government aid (like Medicaid or SSI). Without this type of trust, an outright gift of money could ruin their eligibility for lifelong benefits.

Charitable and Dynasty Trusts

Some trusts are designed for concrete long-term goals. A Charitable Trust allows you to benefit a favorite charity while either retaining income during your lifetime or receiving a tax break. A Dynasty Trust is a highly complex tool designed to pass wealth down through generations, often shielding assets from estate taxes for hundreds of years.

When Plans Go Wrong: Understanding Disputes

Even the best-laid plans can face challenges. Our firm not only drafts documents but also handles trust and will disputes. These usually arise from one of two main issues:

Challenging Validity: The challenge argues that the person writing the document was coerced (under undue influence) or lacked the necessary mental capacity to understand what they were signing.
Trustee Mismanagement: Beneficiaries may believe the Trustee is not following the terms of the trust, misusing funds, or failing to act in the best financial interest of the beneficiaries.

When disputes like these arise, our goal is to intervene promptly, mediate the situation, and work towards a resolution that respects the deceased person’s wishes while safeguarding the assets and preserving the family’s relationships.

Why You Can’t Rely on DIY Forms

Cheap online legal forms may tempt you, but we urge you to reconsider. A form cannot ask you the right questions. A simple mistake—such as failing to fund your trust correctly, not meeting Utah’s specific witnessing requirements, or using vague language—will almost certainly cost your family far more in legal fees and stress down the line than hiring an attorney today.

At Rowe & Walton, PC, we provide customized counsel that includes:

Local Compliance: We ensure your documents fully comply with Utah’s unique laws.
Holistic Protection: We integrate your will and trust with other vital documents, such as Durable Power of Attorney and Advance Healthcare Directives, so you are covered during your lifetime, not just after.
Ongoing Review: We structure the plan to anticipate future tax law changes and family events (marriages, births, divorces).

You’ve spent your life building something of value. Let us help you protect it and ensure that your final instructions are followed with dignity and ease.

Don’t leave your family’s future to chance. Are you ready to take the first step toward securing your peace of mind?

JUST ASK THE ATTORNEYS

Looking for answers to questions about estate planning, elder law, wills, trusts, or family protections?