How is a living trust different than a testamentary trust?

October 30, 2022 by stephenh

Both a living trust and a testamentary trust can perform many of the same functions. The key difference between the two is the timing and mechanism of their creation. A living trust is created during the grantor’s lifetime, and can be used immediately to hold and manage assets on behalf of designated beneficiaries. A testamentary trust is created by action of a last will and testament, and only comes into existence after the death of the decedent.

What is the difference between a living will and a living trust?
Although the two terms are similar, they refer to very different estate planning tools. A living will allows a person to state end-of-life medical care preferences and to name a person who act on their behalf if they are no longer able to speak for themselves. A living will in Utah is normally included as part of an advance health care directive. A living trust is created during your lifetime and can be used both to hold and manage assets during your lifetime and to manage and distribute assets to others after your death.
Can police search my car when I am pulled over for speeding?
Police conduct during a traffic stop is limited by Fourth Amendment protections against unreasonable search and seizure. If police observe a traffic violation, they can stop the vehicle and question the driver. The scope of their conduct is restricted to an investigation of the crime or violation that they believe has occurred. Searching a vehicle is an escalation of the scope of the stop (seizure) and also extends the duration of the stop. Unless the police have a reasonable articulable suspicion of other criminal activity, their conduct during a traffic stop is restricted to investigating only the traffic offense. If…
Is a durable power of attorney valid after the person dies?
A durable power of attorney becomes invalid upon the death of the principle. A durable power of attorney differs from a standard power of attorney in that it continues to be effective even after the principle has become incapacitated. But no power of attorney exists following the death of the principle. In order to act on behalf of a deceased individual, Utah law normally requires the appointment of a personal representative.
What if I cannot appear in person at arraignment?
There can be circumstances that simply make it impossible or impractical to be physically present at a scheduled criminal arraignment hearing. Health and distance are two common reasons, but there may be others as well. In misdemeanor cases, some Utah courts will accept a written waiver of the right to a formal arraignment. Some judges may also allow a "remote" appearance by phone or video, or may allow your attorney to appear in court on your behalf.
Can a prosecutor wait to provide discovery until the defense asks for it?
"Can" and "should" are two very different matters. Prior to 2021, Rule 16 of Utah's Rules of Criminal Procedure suggested that a prosecutor’s obligation to provide discovery was triggered only when the defense asked for it. The rule stated, “[T]he prosecutor shall disclose to the defense upon request the following material or information of which he has knowledge....” Utah R. Crim. Pro. 16(a) (2020). Constitutional principles of due process have long been interpreted as requiring that a prosecutor disclose certain discovery materials, even if the defense did not make a request. The 2021 amendments to Utah's Rule 16 made it…

How is a living trust different than a testamentary trust?

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