King & King

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Revocable Living Trusts

At King & King in Kaysville, UT, we can help you outline how you want your assets to be handled after you pass away by assisting you in creating a Revocable Living Trust.

A Revocable Living Trust is a legal document that instructs how your assets are to be handled if you become physically or mentally incapacitated and how they will be distributed when you pass away.  Our Revocable Living Trusts also include Powers of Attorney for Health and Finances and a Living Will.  

A will can only go into effect after you die, therefore, it doesn’t protect you if you become very ill. A will must first be verified by a probate court before it can be enforced.

When you set up a revocable living trust, you are the Trustor. As the Trustor, you retain control of your assets, allowing you to make changes to your trust at any time. When you enter into this contract, you also must name a trustee – the individual who will manage the assets in your trust.

Benefits of a revocable living trust:

  • Avoids probate at death
  • Controls the way children receive assets
  • Distributes assets to beneficiaries faster
  • Names guardians for minor children

  • Prevents court control of assets when incapacity arises
  • Prevents unintentional disinheriting
  • Provides for children with special needs

  • Provides privacy - more difficult to contest
  • Offers peace of mind
  • Reduces and/or eliminates taxes

The Process

If you are interested in preparing a revocable living trust, send us your contact information and we will forward a trust packet to you for your review.

  1. After you review the packet, schedule a free consultation so our experienced attorneys can answer all of your questions.
  2. Complete your trust packet and forward it to our office.
  3. From there, we will prepare a draft copy of your revocable living trust and send you a draft for your review.
  4. We will answer all of your questions and make any requested changes and additions.
  5. Meet us at our office to sign the documents in front of witnesses and to have your signatures notarized by a notary public.
  6. We will mail the quit claim deed to the county recorder (if you own real property).
  7. We also will prepare a digital copy of your revocable living trust.

If we have all of your information, the entire process takes about two weeks.

Our revocable living trust includes:

  • Advance Healthcare Directive/Living Will
  • Assignment of personal property
  • Burial instructions
  • Certificate of trust

  • Declaration of trust
  • Durable power of attorney (finances)
  • Funding instructions

  • Pour-over will
  • Quit Claim Deed (real property)
  • Trust

The best and only time to prepare and implement an estate plan is while you are alive and you have the legal capacity to enter into a contract. 

The best time to prepare a revocable is now, while you have the capacity to do so.