Legal will

Wills and Trusts

Wills and trusts are a vital part of estate planning.  But which financial planning tool is right for you? Froerer & Miles have helped clients of Ogden, UT, create these documents since 1959. We can determine which one best suits your estate.

Do I Have an Estate?

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Yes. Your estate refers to anything you own, no matter how much or how little that happens to be. 

Wills Vs. Trusts What's the Difference?

Both wills and trusts are estate planning tools. Here is a look at what distinguishes both types of documents:

What is a Will?

A will is a written document that details how to distribute your estate after your death. Your will specifies who you're leaving your assets to and what assets you're leaving. The assets in a will are always given to your beneficiaries upon your death. As well as distributing the assets of your estate, a will allows you to appoint a guardian for minor children, making it an important document to get started even when you're young and in good health. 

What is a Trust?

A trust is a legal entity that holds your assets. The trust document transfers ownership of your property to the trust and grants a trustee the legal right to manage those properties. Unlike a will that goes into effect after you die, a trust can take effect upon its creation. While a will passes through probate, a trust does not. Skipping probate can help you avoid costs and delays in managing your estate. A trust is also private, unlike a will, which is a public record. 

Wills are less expensive to set up and maintain than a living trust. However, if you have a large estate, trusts can save you money on taxes by bypassing probate. We typically recommend wills for individuals with a relatively small amount of properties and assets. 

Important Differences At a Glance

Characteristic Will Trust
Can take effect during the testator's life No Yes
Goes through probate Yes No
Public record Yes No
Names a guardian for minors Yes No
Specifies funeral arrangements Yes No

Meet Kelly B. Miles ​Our Estate Planning Attorney

Having a varied team of lawyers means we can help clients with a variety of cases. Our expert estate planning attorney, Kelly B. Miles, can help you create a will or trust that suits the needs of your estate. 
If you're looking for an attorney you can trust and work with closely, give Kelly B. Miles a call. Mr. Miles has been helping clients with estate planning, estate settlement, and personal injury needs for over 30 years.

Protect the Future of Your Estate Request a Free Consultation with Our Ogden, UT, Firm

Estate planning can feel overwhelming, but our estate planning attorneys simplify the process to help you get your assets in order for the future. At Froerer & Miles in Ogden, UT, we have helped clients protect their assets since 1959. We can work closely with you to identify your unique estate planning needs and recommend the strategy best suited to your goals. Whether you need a simple will or a complex trust, we can help create the document that will serve your best interests.

To request a free consultation with our law firm and begin planning for the future, contact us online or call our Ogden, UT, legal office

(801) 621-2690

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Our Ogden, UT, team can set the right plan in place for you.

"I would highly recommend this law firm." Ogden, UT, Clients Thank Our Law Firm

1

Josh Shaw

Ogden, UT

2023

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Just want to throw a big thanks to Bryce and Matthew for all their hard work and time they took during a probate case a year ago. As everyone knows probate cases are very emotional at least it was for me, they not only responded so quick every time I reached out and when I mean quick I’m talking about same day response, I’m which helped me feel more better about the case process. They have a high professionalism in what they do and I would highly recommend this firm to everyone. Thanks again.

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1

Julie Hoffman

Ogden, UT

2023

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When Judge Hall recommended that we seek legal representation for my mother's estate; we started our search to find an attorney to represent us (my brother and I). We worked with Matt and Kelly Miles to resolve issues with my mother's estate, trusts', etc. Matt and Kelly were up front on what the laws were, what could happen, etc. They listened to what we had to say, what our concerns were, they reviewed documents that we had, they did research, getting us thru several mediation sessions. We got things resolved. Kelly and Matt are the best! The whole staff is pretty nice. I would highly recommend this law firm.

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The Process of Creating a Will

The process our Ogden, UT, law firm uses to create your will depends on your assets and needs. Generally, our attorneys will take you through the following steps to ensure everything in your estate is accounted for:
In Utah, you must be 18 years old
to make a will. 
In Utah, you must be 18 years old
to make a will. 

Choosing an Executor

Our Ogden, UT, law office starts the process by having you choose an executor to carry out your will. The executor should be someone you trust, and they should understand the responsibility and confirm that they will accept the role. 

Making Records of Property

Your will documents your real property (houses, land, and permanent objects) and your personal property (jewelry, family heirlooms, and items of importance). Also, you must include a record of your debt and notify your beneficiaries of the standing debt.  

Selecting Beneficiaries

Beneficiaries can change throughout your life as the people you have relationships with change. You should list alternate beneficiaries in case the primary beneficiaries die. 

Considering Guardianship

If both parents die, a will ensures that a guardian is assigned to the minor children of the testator. You should choose two guardians in case the first choice is unable to care for your children. Pet guardians should also be appointed. 

Protecting Digital Assets

Much of our lives exist online in the modern world. When crafting your will, it's important to consider what you'd like to happen to your digital assets, such as social media, after your death. Access to your usernames and passwords should be recorded in a password manager and shared with your executor. 

Validating Your Will

In Utah, you must sign your will in front of two witnesses in order to validate it as a legal document. If you make changes to your will in the future, you need to re-validate it with witnesses present. 

Storing Your Will

After your will is validated, you'll want to keep it in a safe place. If your will is destroyed, it's automatically revoked. Utah is one of the few states that allow electronic wills. Our Ogden, UT, law firm can discuss this option with you. 

Don't Approach Estate Planning Alone Request a Legal Consultation with an Attorney

Estate planning can set your loved ones up for success and ensure that your assets are appropriately allocated upon death. Wills and trusts are vital to successful estate planning but can feel overwhelming without a legal advocate to guide you through the process. It's never too early to start planning your estate, especially if you have children. Having a properly crafted will can expedite the probate process and save the time and hassle of the state distributing your assets for you. Call our Ogden, UT, law office to request a free consultation with our team of Utah attorneys:

(801) 621-2690

"We worked with Bob Froerer to create a Revocable Living Trust to replace our outdated last will and testaments. Bob could not have been more helpful and patient, nor could he have made the whole process any easier."

- Ed Partridge

Can I Change My Will?

Circumstances change, assets are added, and wills sometimes need to be altered accordingly. You can change or revoke your will at any time during your lifetime. We recommend reviewing your will periodically to ensure it still fits your needs. You should review your will every three years to make appropriate updates. You may want to review your will sooner if:

  • Your children turn 18
  • You have a new child or grandchild
  • You start a business
  • You get married or divorced
  • You move out of state
  • A beneficiary passes away
  • You want assets to go to a new charitable organization
  • Tax laws change on a state or federal level
  • You've begun taking money out of your retirement
  • The value of your estate has changed significantly
Person signing document

"Quick, top-notch legal services." Reviews From Happy Ogden, UT, Clients

1

Brad Coleman

Ogden, UT

2022

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I’ve worked with Matt and Kelly and they both do a great job. Have had them create a trust for us, as well as several LLC’s. They’ve always provided quick, top notch legal services for us. Would highly recommend.

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1

CG

Ogden, UT

2023

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Worked with Matt to review a Trust with a good friend. Matt easily made some difficult problems seem simple and resolved a number other problems quickly.

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Froerer & Miles

The attorneys at Froerer & Miles have successfully represented clients in a wide range of practice areas since 1979. Our team of attorneys can protect your best interests in matters related to:

  • Family Law
  • Estate law
  • Real Estate Disputes
  • Business Law
  • Personal Injury
  • Litigation
     

We offer free consultations and provide honest feedback to potential clients regarding their cases. To request your free consultation, contact us online or call us at (801) 621-2690.

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