Estate planning may not be the most exciting topic, but at its core, it’s an act of care. It’s about protecting what you’ve built and making sure the people you love are provided for, both now and in the future.
A living trust lawyer helps make that happen with guidance that makes sense for you.
Before you hire one, it helps to know what to ask. The right trust litigation attorney will listen, guide you through the estate planning process, and make sure your plan truly fits your life.
In this post, we’ll cover some of the most important questions to ask before choosing who will handle your estate planning.
1. How Will a Trust Fit Into My Overall Estate Plan?
A thoughtful estate planning attorney should be able to explain how a trust works alongside your will and other estate planning documents.
Some families benefit from living trusts, which let assets pass directly to loved ones without going through probate court. Others may need an irrevocable trust to help reduce estate taxes or support long-term asset protection goals.
Ultimately, the objective should be to build a plan that fully reflects your values, family, and future. Whether you have no estate planning documents at all (like over half of Americans) or already have some in place, your trust should fit into the bigger picture.
2. What Kind of Trust Is Right for Me?
Not all trusts are created equal. Ask your trust lawyer about the differences between revocable and irrevocable trusts.
A living trust (which is revocable while you’re alive) lets you stay in control of your trust assets and update them as your life changes. An irrevocable trust, on the other hand, generally can’t be changed. However, it may provide better asset protection or help reduce future estate taxes.
A good living trust lawyer will help you weigh the pros and cons of each option so you can make smart decisions.
3. Who Should Be My Successor Trustee?
Choosing a successor trustee is one of the most personal (and sometimes most emotional) parts of your estate plan. This person will step in to manage your trust property, pay bills, and distribute assets according to your wishes when you can no longer do so.
Most people choose a close family member for this role. In fact, the 2025 Estate Planning Report from Trust & Will shows that about 63% of respondents name a family member to manage their estate. That includes about 87% of the Silent Generation.
However, that doesn’t mean it’s always the right fit, and there’s been a generational shift in the last few years. More millennials are opting for professional estate management, up to 38%.
That’s why it’s worth discussing your options with your trust attorney. They can help you weigh the pros and cons of appointing one person, naming co-trustees for shared oversight, or even choosing a professional fiduciary through a law firm.
At the end of the day, you want to pick someone who is not only honest and organized but also emotionally equipped to carry out your wishes fairly and with care.
4. How Will My Assets Be Transferred Into the Trust?
Even the best-written trust instrument won’t work if your trust assets aren’t properly titled. Your trust lawyer should walk you through the process of transferring ownership of things like your bank accounts, home, or retirement accounts into the trust. They’ll also explain how life insurance policies and separate property may fit into your overall plan.
This step is where many do-it-yourself plans fall short, and where having an experienced trust attorney makes all the difference.
5. What Happens If I Don’t Set Up a Trust?
It’s a fair question. Without a trust, your estate may go through probate court, which can delay distributions and expose personal details to the public record. The federal government also gets a say in how certain assets are taxed or transferred.
Your trust lawyer will explain what would happen under state law and what steps you can take to protect assets for your loved ones instead.
6. How Often Should I Update My Estate Plan?
Life doesn’t stand still, and neither should your estate plan. Major milestones (such as marriage, divorce, a new home, or a new grandchild) can change your wishes and your responsibilities.
Ask your trust attorney how often you should review your documents and whether their law firm offers periodic check-ins. Keeping your plan current means your successor trustee will have a clear, updated roadmap to follow when the time comes.
7. What Experience Do You Have With Trust Administration or Litigation?
Some families never need to set foot in probate court. Others may face disputes over how a trust is handled. Asking about a trust litigation attorney or whether the firm has experience administering living trusts helps you know they can handle anything that arises.
Even if you hope your family will never need courtroom support, it’s reassuring to know your trust lawyer has the experience to guide them if they do.
8. How Do You Charge for Estate Planning Services?
Lastly, be upfront about costs. Some law firms charge flat fees for the estate planning process, while others bill hourly.
Either way, transparency matters. A trustworthy trust and estate attorney will help you understand exactly what you’re paying for and how much ongoing maintenance (like retitling trust property or updating other estate planning documents) may cost.
Schedule Your Consultation with a Utah Trust Attorney
At its core, estate planning is about people. The right trust and estate lawyer will take time to understand your story and the loved ones you want to protect most.
At Jeremy Atwood Law, we proudly serve clients throughout Utah, including communities in Salt Lake City, Ogden, Layton, and the surrounding areas. Our law firm helps families of all sizes create clear, reliable plans that cover trust assets, successor trustee appointments, and protection from probate court delays or unnecessary estate taxes.
If you’re ready to start your estate plan or update an existing one, schedule your free consultation today. Let’s build a plan that protects what matters most to you and gives your family lasting peace of mind.
