What is a testamentary trust and how does it work?

A testamentary trust is a type of trust that is created through a written document, such as a will, to manage and protect assets for the benefit of another person or persons. In Utah, a testamentary trust is created when a person, called a grantor, creates a will and includes language creating a trust and naming a trustee to manage the trust assets. The grantor may also name beneficiaries of the trust, such as family members or charities. The trustee’s job is to manage the trust assets according to the wishes of the grantor, as set out in the will. This includes paying taxes, distributing the assets to the beneficiaries, and ensuring that the trust assets are used for their intended purpose. In some cases, the trust assets may be used to pay for healthcare expenses, education, or to provide for a beneficiary’s financial security. When a grantor dies, the trustee will take control of the trust assets and begin managing them. The trustee must follow the instructions in the will and the laws of Utah when managing the trust. The trustee must also file necessary paperwork and report regularly to the court to ensure that the trust is being managed correctly. The trust will remain in effect until it is terminated according to the wishes of the grantor.

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