Estate Planning Services

If you've started thinking about estate planning, you've probably wondered whether you really

need a trust or if a simple will is enough. It's one of the most common questions we hear from

families throughout Tooele County and across Utah.

Do I need a trust? The answer is, it depends. It depends on your goals, your family situation, and

the assets you own. While not everyone needs a trust, many Utah families benefit from one

because it can simplify the transfer of property. It makes things very smooth and easy for loved

ones to take ownership or sell your property without involving the court system. It avoids

probate for properly titled assets, and it also provides a plan if you become incapacitated.

In this guide, we'll explain what a trust is, when it makes sense, and how it compares to a will.

What Is a Revocable Living Trust?

A revocable living trust is a legal document that allows you to place your assets into a trust

during your lifetime while continuing to control them as the trustee. Think of the trust as a fence,

and when you title property, bank accounts, etc. into the trust, it is like putting that asset inside

the trust fence. The property inside the fence isn’t subject to court supervision when one dies.

While you are living, you can still:

• Buy and sell property
• Open or close bank accounts
• Invest your money
• Change or revoke the trust at any time while you have capacity

Most people serve as their own trustee during life. If you become incapacitated or pass away,

your chosen successor trustee steps in to manage or distribute the trust according to your

instructions.

Why Do Many Utah Families Choose a Trust?

1- Avoiding Probate

One of the biggest reasons people create a trust is to avoid probate (going to court) for assets that

have been properly transferred into the trust.

While probate is not always lengthy or expensive, avoiding it can:

• Reduce delays
• Keep matters more private
• Simplify administration for loved ones
• Reduce court involvement
•  Allows families to handle the estate

2- Planning for Incapacity

A trust is not only for after death.

If you become unable to manage your affairs due to illness or injury, your successor trustee can

often step in and manage trust assets without the need for a court-appointed conservator,

depending on your circumstances and the terms of the trust.

3- Distributing assets according to your wishes

A trust allows you to create one comprehensive plan for managing and distributing your assets. It

can also work together with beneficiary designations and powers of attorney to create a more

complete estate plan. For example, make specific distributions to certain people. Hold money

until a child reaches age 25. And even include protections in case a beneficiary becomes

incapacitated or handicapped, or drug or alcohol addicted.

Does Everyone Need a Trust?

Not necessarily.

A will may be sufficient for some individuals, especially those with simple estates. However, a

trust is often worth considering if you:

• Own a home
• Own multiple properties
• Want a plan for incapacity
• Have young children
• Have a blended family
• Want greater privacy
• Want to simplify administration for your family
• Own a business
• Have significant investments
• Want to disinherit anyone

The right approach depends on your goals, family dynamics, and assets.

What's the Difference Between a Will and a Trust?

A will takes effect at death and generally directs a judge on how you want your estate

distributed. It can also nominate guardians for minor children. Keep in mind, anyone can come in

and contest the will and plead their case to the judge. The judge can be swayed one way or

another on how your property is distributed. 

A trust becomes effective when it is created and funded. It can manage assets during your

lifetime, provide for management during incapacity, and distribute property after death according

to your instructions.

Many comprehensive estate plans include both a will and a trust because they serve different

purposes.

Common Mistakes People Make

One of the biggest mistakes is creating a trust but never transferring assets into it. This process,

often called "funding the trust," is essential. An unfunded trust may not accomplish its intended goals for those assets.

Other common mistakes include:

• Failing to update documents after marriage, divorce, or the birth of a child
• Choosing a successor trustee without considering their ability to serve
• Forgetting to review beneficiary designations on retirement accounts and life insurance
• Assuming a trust eliminates all taxes or protects all assets from creditors
• Not updating your trust that was created a long time ago or in a different state

Frequently Asked Questions

Is a trust only for wealthy people?

No. A majority of middle-income families use trusts to avoid probate, simplify estate

administration and plan for incapacity.

Can I change my trust?

If your trust is revocable, you can amend or revoke it while you have legal capacity.

Does a trust replace a will?

Usually not. Most people with a trust also have a "pour-over will" that works with the trust as

part of a complete estate plan. Both the will and the trust work together to help create an Estate

Plan. That way there aren’t gaps in your plan that can open the estate to legal problems.

Will a trust protect my assets from lawsuits?

A standard revocable living trust generally does not provide asset protection from your own

creditors during your lifetime. Keeping your home and vehicles properly insured usually

mitigates this risk. If you are a business owner, the need to discuss asset protection increases and

consulting an attorney is absolutely advised.

When Should You Talk to an Estate Planning Attorney?

You should consider meeting with an attorney if:

• You've recently married or divorced.
• You purchased a home.
• You welcomed a child or grandchild.
• You're approaching retirement.
• You own a business.
• You have a blended family
• Any of your children are incapacitated or handicapped
• Any of your children have drug or alcohol addictions
• You want to avoid unnecessary complications for your loved ones.

An attorney can help determine whether a trust, a will, or a combination of documents best fits

your goals.

Final Thoughts

A trust can be a valuable tool for many Utah families, but it is not a one-size-fits-all solution.

The best estate plan is one that reflects your family's needs, protects your loved ones, and is kept

up to date as your life changes.

Integrity Law can help! The attorneys at Integrity Law love estate planning and will treat your

family like our family. We’ve helped families just like yours and you deserve the personal touch

offered by attorneys with years of experience making sure you and your loved ones are protected

and have the peace of mind knowing everything is in order. Call us today and schedule a free

consultation at 435-277-0529.

About the Author

Bryan Cowley, Esq.

Estate Planning Attorney | Founder of Integrity Law

Bryan Cowley is the founder of Integrity Law in

Tooele, Utah, His practice focuses exclusively on

estate planning, including revocable living trusts, wills,

powers of attorney, healthcare directives, and trust

administration.

Bryan has the heart of an educator and wants his

clients to understand and not be overwhelmed.

Through articles like this, he is committed to

educating Utah families on wills, trusts and estate

planning so they can make informed decisions about

protecting what matters most.

📞 (435) 277-0529

 📍7 S Main Street Suite 316 Tooele, Utah

Schedule a Consultation →

Article Information

Last Updated: July 28, 2026

Reviewed By: Bryan Cowley, Utah Estate Planning

Attorney

Practice Areas:

• Revocable Living Trusts
• Wills
• Powers of Attorney
• Trust Administration

Why Trust This Article?

This article was written and reviewed by Bryan Cowley Esq, an estate planning attorney in Tooele, Utah, whose practice is dedicated exclusively to wills, trusts, powers of attorney, and estate planning. It is updated regularly to reflect current Utah law and is intended for general educational purposes, not legal advice.