Frequently Asked Questions

Can the way I own my assets undermine my estate plan?

Short answer

Yes. A trust or will may state where you want property to go, but an asset’s title, account agreement, or beneficiary designation may create a different path. For example, survivorship ownership may transfer property directly to a co-owner. Adding a child as an account owner to help with bills may also give that child rights you did not intend.

In this answer

Your estate planning documents and your asset ownership need to work together. You can sign carefully written instructions, but those instructions may not control property that follows a different ownership path.

Joint ownership can change who receives an asset

Suppose you intend for your home to pass under your trust, but the deed gives another person a right of survivorship. At your death, that ownership arrangement may transfer your interest to the surviving owner instead. Joint ownership can be a deliberate part of an estate plan, but the choice should match the outcome you want. Utah law provides rules for when co-ownership carries survivorship rights, so the wording and date of a deed matter.

Helping with a bank account is different from owning it

Many people want an adult child to help pay bills as they get older. If the bank adds the child as a joint owner, the child may receive ownership rights that go beyond helping with transactions. The account agreement may also affect who receives the balance after death. That can conflict with a plan to divide the money among several children.

There may be other ways to arrange help, including an appropriate power of attorney or a bank option that grants access without making the helper an owner. The available choices depend on the institution and account. The Consumer Financial Protection Bureau recommends checking the account’s terms because joint accounts do not all pass in the same way.

Review the pathway for each asset

The same coordination applies to real estate, bank and investment accounts, business interests, and assets with beneficiary designations. Asset ownership determines who can manage property now and can affect where it goes when you die.

The answer may be to transfer an asset to a trustee, update a designation, retain an intentional survivorship arrangement, or use another ownership structure. What matters is making the choice deliberately. Otherwise, the asset may follow a path that differs from the one your estate planning documents describe.

Jeffrey Cardon can help you review how each asset is titled, who has authority to manage it, and where it will go when you die. He can then help coordinate the necessary transfers, account arrangements, and beneficiary designations with your estate planning documents so your ownership choices reflect your intentions.

Related questions

Is joint ownership a safe way to avoid probate?

Joint ownership with a right of survivorship can let an asset pass directly to the surviving owner without probate. It can be the right choice when that result is intentional and fits the rest of your estate plan. But adding someone as an owner may also give them rights during your lifetime and may send the asset somewhere other than your trust or will directs.

Learn more: Is joint ownership a safe way to avoid probate?

What does it mean to fund a trust?

Funding a trust means transferring assets into it so the trustee can manage them under the trust’s instructions. The steps depend on the asset: a home may require a recorded deed, while a bank account or business interest requires a different form of transfer. Beneficiary designations also need review, but naming a beneficiary is not the same as transferring an asset into the trust.

Learn more: What does it mean to fund a trust?

What happens if an asset is left out of a trust?

An asset left out of a trust does not automatically follow the trust’s instructions. What happens depends on how you own it and whether it has a beneficiary designation. While you are alive, an authorized agent may be able to transfer it. After your death, a will may direct it to the trust, but that can require probate. Without a coordinating will, Utah’s inheritance rules may apply.

Learn more: What happens if an asset is left out of a trust?

How do I know whether my estate plan will actually do what I think it will?

Start by confirming that your signed documents reflect your wishes. Then check how your assets are titled and who is named on each beneficiary designation. An estate plan works through both its documents and the steps taken to put them into effect. Reviewing those pieces together can reveal an account, property, or business interest that would otherwise follow a different path.

Learn more: How do I know whether my estate plan will actually do what I think it will?

What happens if I rely on Utah’s default inheritance rules?

Utah’s default inheritance rules determine who receives property that passes through your estate without effective instructions in a will. The result depends on which family members survive you and may differ from what you expect, especially in a blended family. Even when the recipients match your wishes, the rules do not provide the customized inheritance management or protections you could establish through an estate plan.

Learn more: What happens if I rely on Utah’s default inheritance rules?

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Foundational Estate Planning

Foundational estate planning helps organize revocable trusts, wills, powers of attorney, probate avoidance, and incapacity planning into a clear legal framework your family can understand and rely on.

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