5 Mistakes Utah Families Make When Planning Their Estate
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5 Mistakes Utah Families Make When Planning Their Estate
Planning your estate isn’t just for the wealthy—it’s for anyone who wants to make life easier for their loved ones after they’re gone. Unfortunately, many Utah families delay or overlook important steps, leaving behind confusion, conflict, and unnecessary costs. Estate planning is about peace of mind, and small errors can have big consequences.
Below are five of the most common mistakes Utah families make when planning their estates—and how you can avoid them.
1. Not Having a Will or Trust at All
The biggest mistake many Utahns make is simply not creating an estate plan. Some people assume that if they don’t have much money or property, the state will “just figure it out.” Unfortunately, what really happens is that Utah’s intestacy laws decide who inherits what.
That means the state decides who gets your house, your car, and even who becomes guardian of your minor children. Your family doesn’t get to decide—you’ve handed that power over to the law.
A basic will ensures your property is distributed according to your wishes. A living trust can make the process even smoother by avoiding probate altogether. Creating a plan now prevents confusion and costly legal battles later.
2. Forgetting to Fund the Trust
Even when Utah families take the step of creating a living trust, many stop there—forgetting the crucial step of funding it.
Think of your trust as a treasure chest. The trust document itself is the chest, but your property—the house, bank accounts, and investments—are the treasure. If you don’t actually put those assets into the chest by changing titles and ownerships, the trust is empty.
When that happens, those assets may still have to go through probate court. That defeats one of the main purposes of having a trust in the first place.
After a trust is created, your attorney can help you transfer titles, deeds, and accounts properly so that your trust really protects your assets.
3. Not Updating the Plan After Major Life Changes
Life doesn’t stay the same, and neither should your estate plan. Many Utah residents create a will or trust and then forget about it for decades. But births, deaths, divorces, remarriages, and even moves to different states can change how your plan should work.
If you got married or divorced, welcomed a new child, or bought new property, your plan likely needs updating. An outdated estate plan can lead to unintentional disinheritance, tax complications, or having assets go to the wrong person entirely.
A good rule of thumb is to review your plan every three to five years, or anytime there’s a major life event.
4. Not Naming the Right People for Key Roles
Estate planning isn’t just about who gets your property—it’s also about who will carry out your wishes. Choosing the right executor, trustee, or power of attorney matters deeply.
Many people automatically name their oldest child or closest relative, even if that person isn’t the best fit. A good executor or trustee should be organized, trustworthy, and capable of handling paperwork, deadlines, and family dynamics.
In some cases, it’s wise to choose a neutral third party, like a professional fiduciary or attorney, to ensure fairness and avoid family disputes.
Similarly, think carefully about who you name as your healthcare agent and financial power of attorney. These individuals could be making serious decisions during times of crisis, so they should fully understand and respect your wishes.
5. Thinking Estate Planning Is “One Size Fits All”
Every family is different. What works for one family in Logan may not work for another in Smithfield or Hyrum. Some families have blended households, business interests, or special needs children—all of which require customized planning.
Online will templates and generic forms can miss important Utah-specific laws and tax rules. Utah’s probate code has its own quirks, and certain documents—like a Utah-specific Durable Power of Attorney—have strict signing and witnessing requirements.
Working with a local estate planning attorney ensures your plan is legally valid, tailored to your goals, and structured to protect your assets under Utah law.
Why Proper Estate Planning Matters in Utah
Beyond avoiding mistakes, a well-designed estate plan provides control, privacy, and security. With the right setup, your loved ones can:
- Avoid the long and expensive probate process.
- Keep financial details private.
- Ensure minor children are cared for by the guardians you choose.
- Minimize taxes and legal fees.
- Prevent family conflict and uncertainty.
Estate planning is an act of love—it’s how you take care of your family even when you’re not there to do it yourself.
How Walker Law Firm of Cache Valley Can Help
At Walker Law Firm of Cache Valley, attorney Matthew A. Walker has helped hundreds of Utah families protect what matters most through thoughtful estate planning. Whether you need a will, living trust, power of attorney, or full estate plan, our firm provides guidance that’s practical, personal, and Utah-specific.
Don’t leave your family’s future to chance. Schedule a consultation today to review your estate plan—or to create one that’s built to last.
You can reach Walker Law Firm of Cache Valley to get started on your estate plan and protect your family’s peace of mind for generations to come.
A well-planned estate isn’t just about paperwork—it’s about protecting your story, your hard work, and the people you love most. Thoughtful planning today ensures that tomorrow, your family will be cared for exactly the way you intend.