Lehi Wills & Trusts Attorney

Comprehensive Will & Trust Services for Utah County Residents

Wills and trusts are among the most basic—and most essential—estate planning tools. A last will and testament, or simply a “will,” is a legal document that states how you want your assets to be divided after your passing. A will allows you to designate to whom certain assets will go, as well as how those assets will be distributed. It also allows you to appoint someone to administer your estate. This person is known as the “executor” of your estate, and they are responsible for ensuring that your wishes are carried out as stated in your will and other estate planning documents. 

Like wills, trusts offer a method of distributing assets to beneficiaries. However, unlike a will, a trust is a legal arrangement that allows an individual (known as the “trustee”) to manage certain assets placed in the trust indefinitely, rather than only until probate ends. Trusts are often used to hold property for minors or the elderly or to protect property that is expected to appreciate. With many types of trusts, you may name yourself as the trustee while you are alive, meaning you can continue to manage your assets until a designated time. 

At Gibson Law Firm, we assist clients in Lehi and throughout Utah County in creating wills, trusts, and other estate planning arrangements. We can help you create a customized estate plan tailored to your unique needs. 

When you work with our firm, we take the time to understand your family structure, asset mix, and long-term goals so we can recommend whether a will, a trust, or a combination of both will best meet your needs. Because Utah law governs how wills and trusts are interpreted and enforced, we carefully draft documents that comply with current Utah statutes and local probate procedures in Utah County. This detailed approach helps reduce the likelihood of confusion for your loved ones in Lehi and nearby communities such as American Fork and Saratoga Springs when it is time to administer your estate. 

Contact Gibson Law Firm Today at (877) 540-4416 for a Free Estate Planning Consultation in Lehi.

What Is Included in a Last Will & Testament?

Everyone should have a last will and testament, regardless of the size of their estate or the value of their assets. A valid will can protect your heirs and other designated beneficiaries, as well as ensure that your assets and properties are distributed according to your wishes after you die. 

In addition to directing who receives your property, a thoughtful will can address practical details that make things easier for your family, such as naming an alternate executor, clarifying your preferences about how debts and final expenses are paid, and coordinating with any beneficiary designations on life insurance or retirement accounts. Many Lehi families also use their wills to express their wishes about personal items with sentimental value, so there is less room for disagreement among loved ones during the probate process in the Utah County court system. 

In Utah, you can use a last will and testament to: 

• Designate how you would like your assets and properties to be distributed 
• Leave certain items/assets to specified beneficiaries 
• Donate money and/or assets to specified charities 
• Name a representative, or executor, to manage your estate and ensure the terms of your will and other estate planning arrangements are carried out 
• Appoint a guardian for your minor children or adult children with special needs
• Name someone to manage assets or properties on behalf of your minor children until a designated date 

If you do not have a will when you die, your assets, properties, and debts will be distributed according to the state’s intestacy laws. This means that your estate will be left to your closest living relatives. Intestacy laws follow a strict order of preference when it comes to which relatives will receive your assets, beginning with your spouse or children, then extending to your parents, grandparents, siblings, aunts, uncles, and increasingly distant relatives. Without a will, you also cannot specify which assets you want to leave to which beneficiaries. This can lead to all sorts of complications and fighting between family members. 

Many people in Utah put off preparing a will because they believe their estate is too small or they are unsure where to start, but even a modest estate benefits from clear written instructions. When you meet with a will attorney in Lehi, you can ask questions about how your will works with non-probate assets, what happens if a beneficiary dies before you, and how often you should review and update your documents as your life changes. Taking these steps now can help your loved ones avoid delays and confusion later when your estate is being reviewed by the appropriate Utah court. 

At Gibson Law Firm, our Lehi will attorney can assist you in creating your last will and testament. Our goal is to help you protect your loved ones with ironclad estate planning arrangements. Get in touch with us today to learn more. 

What Is a Trust & What Does It Do?

Trusts are legal arrangements in which one person, called the "grantor,” gives property to another person or entity, called the "trustee,” to manage for the benefit of a third person, called the "beneficiary.” Trusts are often used to hold property for minors or the elderly or to protect property that is expected to appreciate in value. Trusts are often used to provide for an individual’s dependents and other designated beneficiaries. In many cases, trusts can help beneficiaries avoid probate and certain taxes. 

Trusts can also be used to ensure that assets are distributed to beneficiaries in a specific way. For example, if you have a high net-worth estate and wish to have your assets distributed to your beneficiaries over time rather than all at once, a trust can help you accomplish this. 

Choosing Between a Will, a Trust, or Both

One of the most common questions we hear from individuals and families in Lehi is whether they need only a will, only a trust, or a combination of both tools. The right answer depends on the types of assets you own, your concerns about probate, and how much control you want over when and how your beneficiaries receive their inheritance. A simple will may be sufficient for some people, but others benefit from adding a revocable living trust to address privacy concerns, multi-state real estate, or more complex family dynamics. 

When we sit down with you, we will review how property passes under Utah law, including which assets are controlled by your will and which pass by beneficiary designation or joint ownership outside of probate. We will also discuss how the Utah County probate court process works and when using a trust could streamline administration for your loved ones or provide more protection for a beneficiary who is young, financially inexperienced, or living with a disability. By understanding the pros and cons of each option, you can decide whether working with a trust attorney Lehi residents turn to for guidance makes sense for your goals. 

For many Utah families, the most effective approach is a coordinated plan that includes both a will and one or more trusts. In that scenario, your will can name guardians for minor children and direct any remaining assets into your trust, while the trust sets out detailed instructions about how those assets are to be managed and distributed over time. We will help you think through who should serve in key roles, such as personal representative and trustee, and how to keep your plan current as your life, your family, and Utah’s laws change. 

When you meet with a trust lawyer in Lehi, you can explore whether a revocable living trust, irrevocable trust, special needs trust, or another structure is the best fit for your situation and goals. We will talk with you about how the trust would be funded, who should serve as trustee and successor trustee, and how the terms of the trust will be interpreted under Utah law, including any impact on probate in Utah County. By understanding these details in advance, you can feel more confident that the trust you choose will function as intended for your family or business.