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Mountain State Attorneys

Utah estate planning

A plan should still work when life stops following the plan.

A will or trust is only one part of the work. Incapacity, beneficiary designations, property ownership, family circumstances, business interests, decision-making authority, and administration must fit together.

A comfortable place to begin

Let’s talk about what you need.

You don’t need to have it all figured out. A general idea of what’s happening is enough to start a conversation.

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Joshua R. Kotter
Joshua R. KotterFounder & managing partner · JD, MBAMeet the attorney
Is the first consultation free?
Yes. Your initial consultation is free, with no obligation to hire the firm.
Who will get back to me?
A firm attorney generally responds first, so you can begin with someone who understands legal questions.
How soon should I hear back?
Usually the same business day, during our office hours: Monday–Friday, 9 a.m.–5 p.m. Mountain Time. Response times can vary.
Can we speak by phone or Zoom?
Yes. Telephone and Zoom consultations are available, so you can speak with us without coming to the office.
When will I know the legal fees?
We explain legal fees before you hire our firm, so you can make an informed decision.
What should I have ready?
Just a brief overview and any urgent dates you know about. You don’t need a polished explanation. Save detailed sensitive information for your conversation with an attorney.

The complete problem

Estate Planning

Effective estate planning begins with people and objectives, not a document menu. The first questions concern who should receive property, who should make decisions during incapacity, who can manage an estate or trust, what family or business relationships require special care, and what administrative burden the plan may create.

Mountain State Attorneys evaluates how the legal documents interact with real property, financial accounts, beneficiary designations, insurance, closely held businesses, family obligations, and existing agreements. The goal is a coordinated plan that can be understood, maintained, and carried out—not a collection of papers that point in different directions.

This page provides general information, not advice about a particular matter. The facts, law, deadlines, and available options must be evaluated individually.

A sharper first review

A useful plan begins with the complete ownership picture

The first useful conversation separates what is known, what is assumed, what must be preserved, and what decision comes next.

  1. 01

    Who should make financial, healthcare, business, and personal decisions if capacity is lost?

  2. 02

    How is each significant asset owned, and does it pass by title, beneficiary designation, contract, trust, or probate?

  3. 03

    Are there minor children, blended-family concerns, vulnerable beneficiaries, creditor issues, or special management needs?

  4. 04

    Does a business require continuity, authority, valuation, transfer restrictions, or coordination with governing agreements?

  5. 05

    What events should trigger review, and who will know where the documents and information are maintained?

How the work develops

A strategy built for the actual record.

01

Map people and property

Identify decision-makers, beneficiaries, family considerations, ownership, account designations, liabilities, and business interests before selecting legal instruments.

02

Coordinate the documents

Align wills, trusts, powers of attorney, healthcare documents, deeds, beneficiary designations, and relevant business agreements so they support the same objectives.

03

Plan for administration

Consider what a fiduciary will actually need to locate, understand, manage, report, transfer, or preserve after incapacity or death.

Before the next decision

Questions worth asking early.

Is a will enough?

A will can be important, but it does not control every asset and does not by itself address every incapacity, beneficiary, ownership, tax, business, or administration issue. The appropriate plan depends on the complete circumstances.

Does a trust automatically avoid every probate or tax issue?

No. A trust must be properly designed, executed, funded, maintained, and coordinated with other arrangements. Its legal and tax effect depends on the type of trust, the assets, the parties, and governing law.

When should an estate plan be reviewed?

Review is appropriate after major family, health, ownership, residence, business, financial, or legal changes and periodically even when no single event seems decisive.

What should I bring to an initial planning discussion?

A current list of family members, intended decision-makers, significant assets and debts, business interests, existing estate documents, beneficiary designations, and the questions or outcomes that matter most is a useful starting point.

Authority and maintenance

Reviewed, sourced, and kept current.

This page provides general information. The authorities that control a particular matter depend on its facts, date, forum, and jurisdiction.

Attorney review
Joshua R. Kotter
Last reviewed
September 4, 2026
Next scheduled review
March 4, 2027, or sooner if controlling law changes
Jurisdictional scope
Utah and applicable federal law

Start with a clear next step

Let’s identify what needs attention now.

Tell us where the matter stands, what is at risk, and what deadline or decision comes next.