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What benefits can be gained from the use of a living trust?

If properly used, a living trust can provide a means to take care of you while you are still alive but incapacitated and unable to handle your own financial affairs, and avoid probate and provide for the efficient transfer of your assets to your heirs in a private manner that is not a matter of [...]

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Who will take care of my minor children if I die?

If either one of a minor child’s parents are still living, the surviving parent retains legal custody of the minor child. However, if both of a minor child’s parents are dead, then it is necessary for the court to appoint a guardian for your minor child. You can designate your preference as to who will [...]

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What benefits can be gained from the use of a trust in general?

If properly used, either a living trust or a testamentary trust can help you effectively use the estate tax exclusions available to you and your spouse to minimize, and in some instances completely avoid, estate taxes and can provide a means of distributing your assets to your heirs over an extended period of time and [...]

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What is the difference between a living trust and a testamentary trust?

A living trust is one that is established, funded and maintained while you are still alive. A testamentary trust is one that is established upon your death as part of the probate process.

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What happens if I die without a will, trust or other mechanism in place for transferring my assets to my heirs?

The Utah State Legislature has been kind enough to make a will for you as set forth in the Utah Probate Code. Basically, your assets will pass to your surviving spouse and if you do not have a surviving spouse your assets will pass to your surviving children in equal shares. There are special provisions [...]

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What is probate?

Probate is the legal process that must be followed in some circumstances in order to legally transfer your assets, such as your house or other real property, to your heirs.

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