Utah US Legal Guide to Revocable Land Trusts
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FAQ
To create a living trust in Utah, prepare a written trust document and sign it in front of a notary. The trust is not functional until you transfer assets into it. A living trust can widen your options and allow you to maintain control of your assets now and in the future.
To make a living trust in Utah, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...
There are a variety of assets that you cannot or should not place in a living trust. These include: Retirement Accounts: Accounts such as a 401(k), IRA, 403(b) and certain qualified annuities should not be transferred into your living trust. Doing so would require a withdrawal and likely trigger income tax.
Assets can include real estate, valuable possessions, bank accounts and investments. As with all living trusts, you create it during your lifetime. (There are also testamentary trusts, which don't take effect until after you die.)
Lawyers often use hourly fee schedules, and the price associated with creating a living trust is generally at least $1,000. Again, more complex estates may pay even more than that. In particular, make sure you're using an estate planning lawyer that has a specialty in trusts.
With due respect, to paraphrase Lord Langdale, for a trust to be valid there must be: a certainty of words; a certainty of subject-matter; and a certainty of objects. The Settlor must have shown to have intended to create a trust before the court will hold that one has been created.
A very rough rule of thumb is that a non-professional trustee may receive as compensation an amount equal to between 0.40% and 1.0% of the value of the trust annually, depending on the size of the trust and the complexity of administration. Alternatively, the trustee may charge an hourly fee, typically $100-200.
To create a living trust in Utah, prepare a written trust document and sign it in front of a notary. The trust is not functional until you transfer assets into it.
To make a living trust in Utah, you:Choose whether to make an individual or shared trust.Decide what property to include in the trust.Choose a successor trustee.Decide who will be the trust's beneficiariesthat is, who will get the trust property.Create the trust document.More items...
Assets That Can And Cannot Go Into Revocable TrustsReal estate.Financial accounts.Retirement accounts.Medical savings accounts.Life insurance.Questionable assets.