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The DIY Trust That Looked Perfect — Until It Didn’t

She thought her online trust had everything covered. But when her family tried to use it, the house wasn’t in it. The bank rejected the power of attorney. And probate was unavoidable.

When her mother passed away, she walked into our office carrying a carefully organized binder.

Tabbed. Highlighted. Neatly signed.

Her mom had always been responsible. Thoughtful. Independent. She believed in handling things herself — and years earlier, she had created a living trust using an online service.

“It’s all taken care of,” she had told her daughter.

But as we reviewed the documents, it became clear that something was missing.

The trust existed.

It was signed.

It looked official.

But it didn’t actually control anything.

The house was still titled in her mother’s individual name.

The bank accounts had never been retitled into the trust.

The investment accounts listed outdated beneficiaries.

The trust owned nothing.

Which meant probate was unavoidable.

Then we looked at the power of attorney. It had also been created online. Unfortunately, it didn’t meet Florida’s statutory requirements. The bank rejected it without hesitation.

And the trust itself? It was drafted under another state’s framework — with provisions that didn’t properly account for Florida homestead laws or spousal protections.

On paper, it looked complete.

In practice, it was fragile.

The family spent more than a year in probate court. They paid significant legal fees. They dealt with delays, filings, and court oversight — all during a time when they should have been grieving and healing.

The hardest part?

Her mother truly believed she had done everything right.

She wasn’t careless.

She wasn’t irresponsible.

She was trying to be efficient.

But estate planning isn’t about generating documents.

It’s about implementation.

It’s about funding the trust.
It’s about aligning assets.
It’s about complying with Florida law.
It’s about anticipating what could go wrong.

Online templates can produce paperwork.

They cannot produce strategy.

They cannot ask the hard questions.

They cannot make sure everything works together.

A $99 trust can turn into a $25,000 probate case.

Not because someone meant to cut corners — but because they didn’t know what they didn’t know.

After we helped her straighten everything out, the daughter created her own estate plan — properly drafted, fully funded, and coordinated with her financial accounts.

She told me something I hear often in situations like this:

“I wish we had understood the difference.”

Estate planning isn’t a place to experiment.

If you’re going to protect your family, build something that actually protects them.

Because the people you love will be the ones living with the consequences.

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Craig R. Hersch

  • Senior Partner,
    • Sheppard Law Firm
  • Florida Bar Board Certified Estate Planning Attorney / CPA
  • Editorial Advisory Board Member,
    • Trusts & Estates Magazine
  • Founder & Board Member,
    • State Chartered Trust Company