A trust is simply a set of instructions for who manages your property and who benefits from it, now and after you’re gone. The right trust can keep your family out of court, protect a child’s inheritance, care for a loved one with special needs, or add a layer of protection for a business owner.
At Wealth & Estate Law, St. George attorney Wes Winsor helps Southern Utah families choose the right trust, set it up correctly, and keep it working, explained in plain, understandable English. We also guide successor trustees through the job of settling a trust after a loved one passes.
Not sure which trust you need? Book a consultation or call 435-673-5009.
Types of Trusts We Help With
Revocable Living Trusts
The foundation of most family estate plans. You stay in control as your own trustee, and a properly funded trust helps your family avoid probate, keeps your affairs private, and names someone to step in if you become incapacitated. Read our full guide to revocable living trusts in Utah.
Irrevocable Trusts
An irrevocable trust generally can’t be changed or revoked once it’s signed, except in limited ways. In exchange, it can accomplish things a revocable trust can’t, such as holding life insurance outside your estate, making long-term gifts, or providing creditor protection. Irrevocable trusts are powerful but permanent, so we only recommend one when the benefits clearly outweigh the loss of flexibility.
Asset Protection Trusts
Utah law allows a special kind of irrevocable trust, the Utah Asset Protection Trust, that you can create for your own benefit and that is designed to be protected from your future creditors if it meets strict statutory requirements. It’s often one layer in a plan that also includes insurance and LLCs. See asset protection planning in Utah.
Special Needs (Supplemental Needs) Trusts
If a loved one receives, or may someday need, needs-based benefits such as SSI or Medicaid, leaving them money outright could jeopardize their eligibility. A supplemental needs trust can hold an inheritance for their benefit and pay for things that improve their quality of life without replacing their benefits. Trusts funded with the beneficiary’s own money follow different rules than trusts funded by parents or grandparents, so the drafting details matter.
Trusts for Children and Inheritance Protection
Most parents don’t want an 18-year-old inheriting a house and a life insurance check outright. A trust for children lets you choose when and how they receive their inheritance, whether by age, in stages, or for specific purposes like education or a first home. For adult children, a discretionary trust with spendthrift protection can help shield an inheritance from a child’s creditors or a future divorce while still letting them benefit.
Trusts for Retirement Accounts
IRAs and 401(k)s pass by beneficiary designation, and the tax rules for inherited accounts are strict. Under current federal law, most non-spouse beneficiaries must empty an inherited account within about ten years, with exceptions for certain “eligible designated beneficiaries.” When a trust is the beneficiary, the trust’s design matters:
- A conduit trust passes retirement distributions straight through to the beneficiary. It’s simpler, but it offers less protection.
- An accumulation trust lets the trustee hold distributions inside the trust, which offers more control and protection, though income kept in a trust can be taxed at higher rates.
Learn more about what happens to retirement accounts after death in Utah.
Pet Trusts
Utah law allows a trust to provide for the care of an animal during its lifetime. A pet trust lets you set aside funds and name a caregiver, so your companion is cared for the way you’d want.
Trusts for Business Owners
For business owners, a trust can hold your LLC or corporate interests so the business keeps running if something happens to you. It works hand in hand with your operating agreement and buy-sell agreement. See estate planning for small business owners.
Trust Administration: Help for Successor Trustees
If you’ve just been named successor trustee for a parent or spouse, you’re probably grieving and overwhelmed at the same time. A trust avoids probate, but it doesn’t run itself. Utah law expects trustees to act prudently, keep beneficiaries reasonably informed, and treat beneficiaries fairly.
We help successor trustees in St. George and across Washington County with:
- Reading and explaining the trust document
- Getting a tax ID number for the trust and opening trust accounts
- Inventorying and valuing assets, and securing real estate and vehicles
- Notifying beneficiaries as Utah law requires
- Paying final bills, debts, and expenses, and coordinating final tax returns with your CPA
- Selling or deeding real estate out of the trust
- Keeping records and preparing accountings
- Making final distributions and wrapping things up
If some assets were never put into the trust, we can also help with the probate side. See probate and estate administration.
Trust Reviews and Updates
Trusts aren’t “set it and forget it.” We recommend a review every 3–5 years, or sooner after a marriage, divorce, death, birth, move to Utah, new property, or a business change. A review checks three things:
- Funding: Are your home, accounts, and business interests actually titled in the trust?
- Beneficiary designations: Do your retirement accounts and life insurance match your plan?
- Fit: Do your trustees, guardians, and distribution terms still make sense?
Moving to Southern Utah from another state? Your trust may still be valid, but a review helps make sure it works smoothly under Utah law. When changes are needed, we can often amend or restate your trust rather than starting over.
Talk With a St. George Trust Attorney
Book a consultation or call 435-673-5009. Wealth & Estate Law, 217 West Tabernacle Street, St. George, UT 84770.
Tacos and Trust
Join Wes Winsor on the last Tuesday of every month for Tacos and Trust, a free, casual, in-person evening with tacos and straight answers about trusts. RSVP for Tacos and Trust.
Trust FAQs
What’s the difference between a revocable and an irrevocable trust?
A revocable trust can be changed or cancelled at any time and you keep full control. An irrevocable trust generally can’t be changed easily, but it can offer benefits a revocable trust can’t, such as creditor protection or keeping certain assets out of your estate.
What kind of trust do I need?
Most families start with a revocable living trust. Other trusts, such as special needs, asset protection, or retirement account trusts, are added when a specific goal calls for them. We’ll recommend what fits your family.
What does a successor trustee do?
A successor trustee takes over managing the trust if you become incapacitated or after your death. That includes paying bills, managing assets, keeping beneficiaries informed, and eventually distributing assets according to your instructions.
Do I need a lawyer to administer a trust after someone dies?
Not always, but trustees have legal duties under Utah law and can be personally responsible for mistakes. Many trustees find that a little guidance up front saves time, money, and family friction.
Can I change my trust after it’s signed?
A revocable trust can be amended or restated at any time while you have capacity. Irrevocable trusts are much harder to change, and changes generally require following specific legal procedures.
Will a trust protect my child’s inheritance in a divorce?
It can help. An inheritance kept in a properly drafted discretionary trust with spendthrift protection is generally harder for a child’s creditors or ex-spouse to reach than money given outright.
Attorney advertising. This page offers general information about Utah law, not legal advice, and reading it does not create an attorney-client relationship. Please talk with a licensed Utah attorney about your situation.