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Deciding between a will, a living trust, or both –and figuring out how to actually set one up correctly – is one of the most common points where people stall out on estate planning.
It’s not surprising. The paperwork is technical, the terminology is confusing, and a mistake in how a trust is drafted or funded can undo the whole point of having one.
At RCG Law Group, our Utah will and trust attorneys take the guesswork out of the process. We help you understand exactly what you need, draft documents that are legally sound, and make sure everything – including your trust funding – is done correctly the first time.
We are here to listen to your goals, explain your options in plain language, and build a plan that actually protects your family.
Contact our experienced Utah trust attorneys for a confidential consultation to discuss your situation and learn how we can help.
Why Choose Our Utah Will and Trust Attorneys?
From your first consultation to your finished documents, we are committed to providing personalized attention and unwavering dedication to:
- Personalized drafting: We build your will and trust around your actual family and assets — not a generic online template.
- Deep knowledge of Utah trust law: Our familiarity with Utah probate and trust statutes ensures your documents are valid, properly executed, and built to hold up.
- Experience with complex trusts: From revocable living trusts to irrevocable and charitable trusts, we have the experience to structure the right plan for your situation.
- Correct trust funding: A trust only works if it’s properly funded. We guide you through retitling assets so your plan actually functions as intended.
- Clear and consistent communication: We explain every document in plain language so you know exactly what you’re signing and why.
Wills and Trusts Services We Handle
At RCG Law Group, our will and trust attorneys handle:
- Last Will and Testament
- Revocable Living Trusts
- Irrevocable Trusts
- Charitable Trusts
- Trust Funding & Asset Retitling
- Trust Administration & Successor Trustee Guidance
- Durable & Medical Powers of Attorney
- Coordinated Will and Trust Planning
Why Legal Representation Matters When Setting Up a Will or Trust
A DIY will or trust template can’t account for Utah-specific requirements, blended families, real estate in multiple states, or how your trust interacts with your will.
At RCG Law Group, we understand these concerns and are here to help you avoid them. Schedule a confidential consultation today to learn how we can support you through:
- Improperly funded trusts: One of the most common mistakes we see is a trust that was drafted but never actually funded – meaning assets never got retitled into it. We make sure your trust does what it’s supposed to do.
- Confusion over will vs. trust: Many people don’t realize they may need both. We help you understand how a will and a living trust work together as one coordinated plan.
- Family disputes over inheritance: Vague or outdated language in a will or trust is one of the leading causes of family conflict after a death. We draft documents that leave no room for ambiguity.
- Blended family and guardianship concerns: Stepchildren, prior marriages, and minor children all require deliberate planning within your will and trust.
- Business and high-value asset protection: Placing a business or significant assets in a trust requires careful structuring to minimize tax exposure and protect what you’ve built.
At RCG Law Group, we don’t just draft documents – we make sure they work for your situation.
Do You Need a Will, a Living Trust, or Both?
We help clients throughout Utah understand which combination of documents actually fits their situation. During a confidential consultation, we help you consider questions such as:
- Do you want to avoid probate? A properly funded living trust can keep your estate out of Utah probate court and keep your affairs private – a will alone generally cannot.
- Do you have minor children? Even with a living trust, you still need a will to name a guardian for your children – trusts don’t cover guardianship.
- Do you own real estate in more than one state? A living trust can help you avoid multiple probate proceedings across state lines.
- Do you want more control over how and when heirs receive assets? A trust lets you set conditions – like age milestones – that a simple will cannot.
- Do you have complex assets or a business? Certain irrevocable trusts can offer tax advantages and asset protection that a will and revocable trust alone don’t provide.
Setting Up a Trust in Utah: What to Expect
Our attorneys guide you through every step, so nothing gets missed. Setting up a trust in Utah generally involves:
- Choosing the right type of trust: revocable, irrevocable, or charitable, depending on your goals.
- Drafting the trust document: naming your trustee, successor trustee, and beneficiaries, and outlining how and when assets are distributed.
- Funding the trust: legally retitling assets (real estate, accounts, business interests) into the name of the trust. Skipping this step is the most common reason a trust fails to work as intended.
- Coordinating your will: making sure your will and trust work together, including a “pour-over” will provision if needed.
- Reviewing and updating: revisiting your plan after major life changes like marriage, a new child, or a significant change in assets.
Trust Administration for Existing Trusts
Already have a living trust – either one you created or one you inherited responsibility for as a trustee? Our attorneys also help with trust administration, including:
- Understanding your duties and responsibilities as a trustee under Utah law
- Properly distributing assets to beneficiaries
- Keeping accurate records and accountings
- Working through questions or disagreements among beneficiaries before they escalate
Serving Will and Trust Clients Across Utah
RCG Law Group’s will and trust attorneys serve clients throughout Utah, with offices in South Jordan, St. George, Salt Lake City, Price, and Richfield.
Whether you’re looking for a will and trust lawyer near South Jordan, St. George, or anywhere else in Utah, our attorneys are ready to meet with you in person or virtually.
Schedule A Confidential Consultation
Frequently Asked Questions
What’s the difference between a will and a living trust in Utah?
A will takes effect after death and typically goes through probate. A living trust can take effect immediately, often avoids probate, and gives you more control and privacy over how assets are distributed. Most complete plans use both.
Do I still need a will if I have a living trust?
Yes. A trust doesn’t cover everything. You still need a will to name guardians for minor children and to catch any assets not transferred into your trust.
How much does it cost to set up a trust in Utah?
Cost depends on the complexity of your estate and the type of trust. We provide a clear, upfront quote during your free consultation.
Can I set up a trust without an attorney?
You can, but errors in drafting or, more commonly, failing to properly fund the trust are the most frequent reasons trusts don’t work as intended. An attorney helps make sure your trust actually accomplishes what you set it up to do.
What happens if a trust isn’t properly funded?
Assets left outside the trust may still have to go through probate, defeating one of the main reasons for setting up a trust in the first place. We review your assets to confirm everything is properly titled.