Frequently Asked Questions

What is a revocable trust?

Short answer

A revocable trust is a trust the settlor can change or cancel during their lifetime, subject to its terms and applicable law. The settlor can generally direct how its assets are used and can take them back from the trustee. It can help provide for management during incapacity and a private transition after death when the assets and other parts of the estate plan are properly coordinated.

In this answer

A revocable trust lets you keep the power to change or cancel the trust during your lifetime. You set instructions for its property and can revise those instructions as your life changes. You may also serve as the initial trustee and manage the property yourself.

Revocable describes the control you retain. Depending on the trust’s terms and applicable law, you can amend the document, remove property, or revoke the trust. When two people create a trust together, each person’s power may depend on who contributed the property and how they wrote the document.

What can a revocable trust help you do?

A successor trustee can step in to manage trust property if you become unable to manage it. The trust can also instruct that trustee on what to do after your death. For property in the trust, this may allow your family to handle the transition without probate.

You still need to coordinate your assets with the plan. Signing the document does not automatically move your home, bank accounts, or business interests into it. An asset outside the trust may follow a different path. A will, powers of attorney, and beneficiary designations can support the rest of your estate plan.

Does a revocable trust protect assets from creditors?

Generally, no. You retain the power to take property back, so putting it in a revocable trust usually does not protect it from your own creditors. Utah law allows creditors to pursue revocable-trust property during the settlor’s lifetime.

This type of trust primarily helps coordinate management and succession. If you need protection from business or personal liability, that calls for a separate planning discussion.

Related questions

What is a trust?

A trust is a legal arrangement for holding and managing property for someone’s benefit. The person who creates it, called the settlor, sets the instructions. A trustee follows those instructions for the beneficiaries. The trust document matters, but the plan also depends on which assets are actually placed in the trust or otherwise coordinated with it.

Learn more: What is a trust?

Is having a trust the same as having a complete estate plan?

No. A trust can be the center of an estate plan, but it usually needs supporting documents and coordinated asset ownership. A will, financial power of attorney, and health care directive serve different purposes. Even a carefully written trust may not control an asset that was never transferred into it or otherwise coordinated with the plan.

Learn more: Is having a trust the same as having a complete estate plan?

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?

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?

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?

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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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