The Trust That Looked Perfect — But Left the Family in Probate

The Trust That Looked Perfect — But Left the Family in Probate

A woman came to us after her husband passed away.

They had done everything right — or so they thought.
They had a living trust drafted years ago by a reputable attorney. It was thorough. Signed. Notarized. Tucked neatly into a safe.

When she brought it to us, everything looked perfect — until we asked one question:

“Was the trust funded?”

She looked puzzled.

Their home was still titled in their personal names.
The bank accounts weren’t connected to the trust.
The investment accounts listed outdated beneficiaries.

The trust existed — but it didn’t own anything.

And because of that, probate was unavoidable.

She spent the next year navigating court filings, attorney fees, and delays — all because of a single step that never got finished.

It wasn’t the attorney’s fault. It wasn’t hers. It was a missing step no one ever explained clearly enough.

Now, her plan is fully funded and reviewed every year. She tells her kids exactly where everything is, who to call, and how to use it when the time comes.

“We thought we had it right before,” she told me. “Now I know it’s right.”

Because a plan only works when it’s complete.
And “complete” means more than signing the papers — it means putting the plan to work.

Join Our Facebook Community

Join The Official Florida Estate Planning Questions & Answers Facebook Group for Daily Tips and to have your questions answered by our Expert Attorneys. No question is too big or too small.

Join Our Facebook Group

Free to Join, Takes 15 Seconds

Schedule a Strategy Session

What to talk to one of our attorneys about your Estate Plan? Read the Whitepaper and have questions on how it will affect you?  Click below to schedule your very own complimentary 15 minute Strategy Session.

Book a FREE Strategy Session

100% Free, No obligation

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