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The Unfunded Trust: A Costly Mistake

Ron and Linda thought their estate plan was solid — until they realized nothing had been transferred into their trust. Learn what went wrong and how you can avoid the same mistake.

The Unfunded Trust: A Costly Mistake

Not long ago, a couple came in to meet with us — we’ll call them Ron and Linda.

They had just made Florida their full-time home after years of splitting time between here and up north. Their kids had been encouraging them to “make sure everything’s still good,” and now that they were settled, they decided to review their estate plan.

“We updated everything just a few years ago,” Ron said, setting a clean binder on the table. “Living trust, powers of attorney — the whole thing.”

And on the surface, it looked solid.
The trust was professionally drafted.
The structure made sense.
It even included backup provisions for their kids.

But as we looked closer, a few important things came to light:

  • The trust still referenced their previous state’s laws

  • Several provisions no longer reflected their current assets or wishes

  • And — most critically — not a single asset had ever been transferred into the trust

Their Florida home? Still titled in their names.
Their northern home? Same.
Bank and brokerage accounts? Untouched.
Every single asset was still titled individually — just as it had been before the trust was ever created.

Even more surprising?
The trust hadn’t been updated in well over a decade — despite Ron’s belief it had been reviewed “just a few years ago.”

If something had happened, their family would have had to navigate probate in two states — not just Florida.
The trust they thought would protect their children… wouldn’t have helped at all.

We were able to help Ron and Linda:

  • Update their documents for Florida law

  • Retitle and transfer their key assets

  • Align their beneficiaries and backup provisions

  • And make sure their plan reflected both their current life and their current goals

They came in at the right time.
Most families don’t.

Estate planning isn’t something you do once, put in a drawer, and forget.
It’s a process — one that needs to evolve as your life, your assets, and your location change.

The paperwork matters. But it only matters if it works.

So if it’s been a while…
Or if your plan was drafted in another state…
Or if you’re not sure your trust is funded…

Let’s talk.

Because the last thing your family needs is a binder that looks good — but leaves them in probate anyway.

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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