Why a Trust Might Be Better Than a Will

I just consulted with a client who is gravely worried about what might happen if they allow one of their children to inherit a right to live in the family home. A very complicated extended family dynamic has led this potential Utah Estate Planning client to tell their child they won’t inherit unless certain changes are made. They came to me asking if a will telling the kids what to do would be enough.

I told this potential client that a trust would be better. If you leave a will with instructions, the heirs can always challenge it in court before the person in charge is even allowed to do what they need to carry out the wishes of the person that died. The Court process can take months. In the meantime, who knows what has happened to the house?

With a trust, what the client wants happens right when they die. The trustee they leave in charge can start on day one to act on behalf of the trust and carry out the client’s wishes. No months-long court process, no waiting. Sometimes a trust is just better than a will.

I you have questions about trusts, please call me right away!

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