Utah Trust Lawyers
Establish a Trust & Protect Your Assets
Creating a comprehensive estate plan is one of the most effective ways to protect your legacy and ensure your assets are distributed according to your wishes. At Pearson Butler, our experienced trust attorney provides tailored estate planning services to clients throughout Utah. Whether you're planning for the future, protecting your loved ones, or managing complex assets, our firm is here to help you understand your options and build a plan that works for you.
For more information and to arrange a confidential consultation, call (800) 265-2314. Pearson Butler helps clients across Utah.
What is a Trust?
A trust is a legal arrangement that allows a person (the “grantor” or “settlor”) to transfer assets to a trustee, who manages them for the benefit of a third party (the “beneficiary”). Trusts are highly customizable and can be structured to meet a variety of financial and personal goals.
Unlike a will, a trust can take effect immediately and may help your beneficiaries avoid the lengthy and public probate process. Trusts are often used to manage assets during a person’s lifetime, distribute wealth after death, and provide long-term protection and control over how property is used.
Some common reasons people in Utah choose to create a trust include:
- Avoiding probate
- Protecting assets from creditors or lawsuits
- Providing for minor children
- Ensuring privacy in estate distribution
- Managing business or real estate interests
- Planning for disability or incapacity
At }, our Utah trust lawyer helps clients understand their options and prepare trusts that accomplish their goals effectively and legally.
Common Types of Trusts
Utah residents have access to many types of trusts, each serving different purposes. Choosing the right one depends on your financial situation, family needs, and long-term estate planning goals.
Revocable Living Trust
A revocable living trust is one of the most common estate planning tools. You retain full control over the trust during your lifetime and can modify or revoke it at any time. When you pass away, the trust becomes irrevocable, and your assets can be distributed to your beneficiaries without probate.
Irrevocable Trust
An irrevocable trust generally cannot be changed once established. Because you relinquish ownership of the assets placed in the trust, they may be protected from estate taxes, creditors, and certain liabilities.
Testamentary Trust
This type of trust is created through a will and only becomes effective upon your death. Testamentary trusts are commonly used for minor children or beneficiaries who may need help managing their inheritance.
Special Needs Trust
A special needs trust allows you to provide financial support to a loved one with disabilities without disqualifying them from government benefits such as Medicaid or SSI.
Charitable Trust
Charitable trusts allow you to support a charitable organization while also benefiting from potential tax advantages. These trusts may provide income to you or your beneficiaries before the remainder goes to the charity.
Asset Protection Trust
Designed to safeguard assets from creditors or legal claims, an asset protection trust is often used by business owners, professionals, or individuals with high-value assets.
Irrevocable Life Insurance Trust (ILIT)
An ILIT removes life insurance proceeds from your taxable estate, helping maximize the amount passed to your beneficiaries.
Our Utah trust lawyer can evaluate which trust best aligns with your goals and ensure it is drafted properly under Utah law.
Benefits of Trusts
Trusts offer numerous advantages that make them an essential part of many estate plans. Some of the key benefits include:
- Avoiding Probate: One of the most significant benefits is that assets in a trust typically avoid probate—a time-consuming, public, and often costly court process. This allows heirs to access assets more quickly and privately.
- Protecting Your Privacy: Probate records are public. Trusts, however, keep your asset distribution and estate details completely private.
- Reducing Taxes: Certain trusts can reduce or eliminate estate taxes, capital gains taxes, and other financial obligations.
- Providing Asset Protection: Trusts can shield assets from creditors, lawsuits, and divorce settlements, depending on how they are structured.
- Ensuring Long-Term Management: Trusts allow you to specify exactly how and when beneficiaries receive assets—particularly useful for minors, individuals with disabilities, or beneficiaries who may not be financially responsible.
- Planning for Incapacity: A trust can ensure your financial affairs continue to be managed smoothly if you become incapacitated, without the need for court intervention.
- Supporting Loved Ones: Whether you are providing for children, aging parents, a spouse, or a loved one with special needs, trusts can be tailored to offer long-term financial security.
At Pearson Butler, we help clients leverage these benefits through careful planning, drafting, and administration of trusts.
Trust FAQs
Do I need a trust if I already have a will?
A will and a trust serve different functions. A will distributes your assets through probate, while a trust allows assets to pass outside of probate. Many clients choose to use both for a comprehensive estate plan.
How long does it take to set up a trust?
The timeline depends on the complexity of your assets and your goals, but most trusts can be drafted and executed within a few weeks.
Can I change my trust later?
Revocable living trusts can be modified at any time. Irrevocable trusts generally cannot be changed, so it is essential to get legal advice before establishing one.
Do trusts help reduce taxes?
Some trusts offer tax advantages, especially irrevocable trusts. Our Utah trust lawyer can help you understand your tax planning options.
What happens to a trust when I die?
Revocable trusts become irrevocable, and your successor trustee takes over. The trust assets are distributed according to your instructions without going through probate.
Speak With Our Utah Trust Attorney Today
Building a trust is one of the most effective ways to protect your legacy and provide for the people you care about. At Pearson Butler, our Utah trust lawyer is committed to helping clients understand their estate planning options and create legally sound, customized trusts.
For all your trust and estate planning needs, call (800) 265-2314. Pearson Butler is positioned to deliver the intelligent, compassionate representation you deserve.