When thinking about creating an estate plan in southern Utah, it is important to ensure that a person’s assets and property are distributed according to their wishes. Especially after their death, and to minimize the tax burden on their estate. Estate planning in southern Utah also helps to provide for the care of the person’s loved ones in the event of their incapacity, by allowing them to choose someone to make decisions on their behalf. 

With the help of our skilled estate planning attorneys in southern Utah at Ruesch and Reeve, we’ll help you with drafting well-crafted estate planning documents and advise you to prevent these mistakes from harming you or your heirs during the estate administration.

estate planning attorney in southern Utah

Mistake #1: Failure to Fund 

If you fail to fund a trust account, the consequences can vary depending on the terms of the trust and the laws of the jurisdiction where the trust is established. In general, however, some possible consequences of not funding a trust account include:

Invalidation of the trust

If the trust requires that it be funded with specific assets and these assets are not transferred into the trust, the trust may be considered invalid.

Loss of control over the assets

If the assets that were intended to be transferred into the trust remain outside the trust, the grantor (person who created the trust) may lose control over those assets.

Estate tax implications

If the trust was established for estate tax planning purposes, failing to fund it may result in unintended estate tax consequences.


Failure to achieve the trust’s goals

If the trust was established to accomplish specific goals, such as providing for beneficiaries or managing assets, failing to fund the trust may prevent these goals from being achieved.

Legal consequences

Depending on the circumstances, failing to fund a trust may result in legal consequences, such as breach of fiduciary duty claims or disputes over the validity of the trust.

It is important to fully understand the terms of a trust and to consult with an attorney if you have questions or concerns about funding a trust account.

Mistake #2: Treating your estate plan like it is top secret

It is generally recommended to be open and transparent about your estate plan  with your family members. This can help to avoid confusion, disputes, and legal challenges, and ensure that your wishes are carried out after you pass away. So yes, it’s true that keeping your estate plan in southern Utah a secret from your family members can have serious consequences. Here are some reasons why it is important to be somewhat open about your estate plan in southern Utah:

Lack of transparency

Keeping your estate plan secret from your family members can create an atmosphere of distrust and a lack of transparency, which can harm relationships and cause unnecessary conflict.

Confusion and uncertainty

If your family members are unaware of the terms of your estate plan, they may be uncertain about their rights and obligations after you pass away. This can lead to confusion and disputes over the distribution of assets.

Inadequate planning

If you keep your estate plan secret, your family members may not have the information they need to make important decisions, such as who should be the guardian of your children or who should manage your assets.

Difficulty executing the plan

If your family members are unaware of the terms of your estate plan, they may not know how to execute the plan or carry out your wishes after you pass away.

Legal challenges

Keeping your estate plan secret from your family members may make it more difficult for the plan to be executed and may increase the risk of legal challenges.

estate planning attorney in southern Utah

Mistake #3: Failure to review and update 

It is generally recommended to review and update your estate plan in southern Utah with your attorney at least once every two to three years, or whenever there is a significant change in your life or in the law. Some common situations that may prompt a review and update of your estate plan in southern Utah may include:

Marriage or divorce

If you get married or divorced, you may need to update your estate plan to reflect the change in your marital status.

Birth or adoption of a child

If you have a new child, you may need to update your estate plan to provide for the child and ensure that your wishes for their care and upbringing are reflected.

Acquisition or loss of assets

If you acquire or lose significant assets, you may need to update your estate plan to ensure that these assets are properly accounted for and distributed according to your wishes.

Changes in tax laws

Tax laws can change frequently, and it’s important to review and update your estate plan to ensure that it remains tax-efficient.

Changes in your health

If your health changes, you may need to update your estate plan to reflect your wishes for end-of-life care and to ensure that your assets will be used to provide for your care in the manner that you prefer.

Changes in your relationships

If there are changes in your relationships with family members or beneficiaries, you may need to update your estate plan to reflect these changes.

It’s important to review and update your estate plan regularly to ensure that it reflects your current wishes and circumstances and that it can be smoothly executed after you pass away. Your attorney can help you determine when it is appropriate to review and update your estate plan and ensure that it remains effective and up-to-date.

Mistake #4: Joint Tenancy

Joint tenancy is a form of property ownership that allows two or more individuals to own a property together. In a joint tenancy, each joint tenant has an equal ownership interest in the property, and all of the joint tenants have the right to use and occupy the property.

One of the key characteristics of a joint tenancy is the right of survivorship. This means that if one of the joint tenants dies, their interest in the property automatically passes to the surviving joint tenant(s) without the need for probate. This makes joint tenancy an attractive option for those who want to ensure that their property passes directly to their chosen beneficiaries upon their death.

Another important feature of joint tenancy is the requirement of unity of title, which means that all of the joint tenants must have acquired their ownership interests in the property at the same time and under the same conditions. This creates a single indivisible ownership interest in the property, which cannot be divided among the joint tenants.

It’s important to be aware that in a joint tenancy, each joint tenant has the right to use and occupy the entire property, regardless of their individual contribution to the property. This means that each joint tenant has the right to sell their interest in the property, or to mortgage or encumber the property without the consent of the other joint tenants.

Joint tenancy can be a useful tool when creating an estate plan in southern Utah, but it’s important to understand the implications of this form of property ownership and to consult with an attorney before creating a joint tenancy.

Call Ruesch and Reeve to Help With your Estate Plan

At Ruesch and Reeve we work to understand your estate planning goals and develop the strategy to implement those to protect your family’s success. We provide standard estate planning for smaller estates, including preparation of simple wills and trusts always providing expert advice. We also specialize in estate planning for large more complex estates including preparation of complex wills and trust agreements, tax planning advice, implementing probate avoidance techniques, initiating gifting programs and rearrangement of property ownership and beneficiary designations to achieve estate planning goals. 

Contact Ruesch and Reeve today to set up for first consultations with one of our attorneys to see how we can best help you with your estate plan in southern Utah.