Brent Burningham | Jan 13 2026 16:00

Estate planning is one of the most important steps you can take to protect your assets, safeguard your family, and preserve your legacy. Yet in Utah—especially throughout Davis County, Farmington, Layton, and Bountiful—misconceptions about estate planning and asset protection often lead people to make avoidable mistakes. At Burningham Business Law, we help clients understand the truth behind these myths so they can build an estate plan that truly reflects their goals.

Myth #1: Setting up a trust automatically protects your assets

Many individuals believe that forming a trust instantly provides asset protection or prevents probate. In reality, a trust only works as intended if it is properly funded. This means formally transferring ownership of property, accounts, and other assets into the trust. Without this critical step, the assets remain in your name—and remain subject to probate, taxes, or creditor claims.

Think of a trust as a legal container: it accomplishes nothing if nothing is placed inside it. For clients who work with us on Utah trust planning and asset protection strategies, we help ensure that funding is done correctly so the trust serves its full purpose.

Myth #2: Estate planning only matters after you’re gone

A complete estate plan is not just about distributing assets after death. It also addresses how your personal, medical, and financial affairs will be managed during your lifetime if you become unable to act on your own. Documents such as:

• Advance health care directives
• Medical and financial powers of attorney
• HIPAA authorization forms

ensure your wishes are followed and reduce stress for your loved ones. As a Utah estate planning attorney, we regularly help clients create these safeguards, providing clarity and preventing unnecessary conflict. Estate planning is as much about maintaining control during life as it is about preparing for what happens afterward.

Myth #3: Leaving someone $1 is the best way to disinherit them

Some believe that giving a person a token inheritance—such as one dollar—is the safest way to prevent them from challenging an estate. In modern estate planning, this approach often backfires. A nominal inheritance can make that person an interested party, granting access to information and opening the door for disputes.

A more effective approach is to expressly state in your estate documents that you are intentionally not leaving assets to that individual. With the right legal language, this method is clearer, more private, and far less likely to trigger complications. When we advise clients as their Davis County estate planning attorney, clarity and dispute reduction are central parts of the strategy.

Final Thoughts

Your estate plan should be comprehensive, current, and aligned with your long-term goals. Whether you’re forming a trust, building an asset protection plan, navigating wills and trusts in Utah, or preparing for future health care needs, accuracy matters.

By understanding the truth behind common estate planning myths, you empower yourself to make well‑informed decisions that protect your assets and support the people who matter most. If you’re in Davis County or along the Wasatch Front and need guidance from a warm, experienced, and approachable estate planning attorney in Utah, our team at Burningham Business Law is here to help.