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The Trust That Looked Perfect — But Still Went to Probate

The Harris family had what looked like a perfect estate plan—professionally drafted, signed, and stored safely. But when Tom passed away, his children still had to go through probate. Why? Because the trust was never funded.

The Trust That Looked Perfect — But Still Went to Probate

A Real-Life Lesson in Follow-Through

When the Harris family arrived for our meeting, they carried a leather-bound binder stamped “Trust Plan” — a shield against the unknown.

Their father, Tom, had worked with an attorney a few years earlier to draft a comprehensive living trust. Every clause was meticulously worded. Witnesses signed. The documents were secured in a fire-resistant safe. On the surface, the plan looked bulletproof.

But when Tom passed unexpectedly last winter, Marcy and Ben — his two adult children — found themselves standing on the doorstep of probate court anyway.

What Went Wrong

Assets Still in Dad’s Name

Despite the legal work, none of Tom’s real-world assets were moved into the trust. His Jacksonville home, a second condo up north, and every bank and investment account still listed “Thomas Harris” as the owner.

Outdated Beneficiaries

Retirement plans and life insurance policies still referenced a prior version of the trust — and weren’t updated after Tom remarried five years earlier.

Assumed Completion

Tom believed the job was finished once the papers were signed. His children assumed that legalese meant every detail had been handled.

The Fallout

Because of those gaps, Marcy and Ben faced:

  • Court Filings & Delays
    Weeks spent gathering deeds, account statements, and filing motions to correct titles.

  • Unexpected Fees
    Executor’s fees, appraisals, attorney bills, and court costs — totaling tens of thousands of dollars.

  • Emotional Toll
    While grieving, they were stuck juggling deadlines, court dates, and bureaucracy instead of finding closure.

The Missing Piece

A trust isn’t a self-executing machine.
It’s a framework that needs real assets plugged in — titles changed, accounts retitled, beneficiary forms updated.

Without that crucial funding step, a flawless document is just… paper.

The Takeaway

Drafting is only half the work.
Signing feels like the finish line, but true protection demands action.

  • Funding bridges intent to impact.
    Every asset, every account, every policy must be legally aligned with the trust.

  • Review often.
    Life changes — moves, marriages, investments. Your trust must evolve with you.

In the end, Marcy and Ben spent nearly 18 months and tens of thousands of dollars cleaning up in probate — time and money that could have been spared if Tom had funded his trust during his lifetime.

The lesson is clear:
A plan only works when it’s fully carried through — from signature to funding.

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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