Wills Versus Trusts

Morgan and Morgan Attorneys at Law
Wills & Trusts

Call now to learn the benefits of wills and trusts

Speak To An Attorney Now: 801-441-2881


Business Planning

Call for help buying, selling or forming your Utah business

Speak To An Attorney Now: 801-441-2881

Click Here To Learn More



Call for help with the estate of a loved one who has recently passed away

Speak To An Attorney Now: 801-441-2881

Click Here To Learn More

Medicaid & More

Call us for help protecting your loved ones with special needs

Speak To An Attorney Now: 801-441-2881

Click Here To Learn More


Morgan and Morgan Utah law Firm injury Law

Utah Wills Versus Trusts

Every Family Needs Utah Estate Planning Help 

Utah Wills Versus Trusts: Find The Best Fit For Your Families Needs

Clients often start a consultation wanting to know what the difference is between wills and trusts. The biggest difference is probate. Probate is the legal process of dividing up and paying off a person’s estate after someone dies. Probate is handled in court. When someone dies without a will the probate judge applies default Utah law to determine a deceased person’s heirs.

A Will DOES NOT keep a person’s estate out of probate; rather, a will is a set of instructions to the probate judge on how to distribute the estate. A will is a very important document, especially for parents with minor children or other dependents, because a will is the most common place to designate who will be a guardian for these individuals in event of a parent’s death. The rules for executing a will are very precise and should be handled with care.

Utah Living Wills

A living trust, sometimes called a revocable trust or a family trust is an agreement that can hold title to a person’s assets during life and also contains language managing those assets when a person dies. The idea is that if a person does not technically own anything at the time of death then probate is unnecessary. Therefore, unlike a will, a trust DOES skip probate court proceedings. This allows a deceased person’s family to manage the estate without being overseen by a court.

This makes the overall process of administering the estate far cheaper and faster  Another advantage of the trust over the will is its flexibility. A will is not designed to hold assets long term, so after a person’s death the will can do nothing with property by itself other than direct where assets go. A trust can hold money and other belongings for extended periods of time, can distribute them quickly or even hold them for use by future generations.

Furthermore, a trust is freely revocable and amendable during the lifetime of the trustmaker. Following the death of the trustmaker, the trust becomes irrevocable and its terms become permanently binding on those designated to inherit.

Learn More About Utah Estate Planning Today: 801-441-2881. 





Veterans Benefit Planning Utah Law Firm Morgan and Morgan

Need A Consultation

Confidential & Free Service 

Your Name (required)

Your Email (required)

Your Phone (required)

About Your Case


  • Free confidential case reviews 
  • Free in home case reviews for clients that can not come to the office.
  • Serving clients throughout the entire state of Utah.
  • Offices in Lehi and Santaquin, Utah. 
  • Experienced trial lawyers
  • Successfully accomplished thousands of verdicts and settlements
  • Licensed Clinical Social Worker (LCSW) on staff