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They Had a Trust — But the House Still Went to Probate

A family came to us after their mother passed away thinking everything was handled. She had a trust. It was professionally prepared. It was even stored safely. There was just one problem. The house was never put into the trust.

A family came to us after their mother passed away. She had done everything right — or so they thought. She had a trust. It was professionally prepared. She even kept it in a fireproof safe.

But when they tried to transfer the house, they discovered a problem:

The house was never deeded into the trust.

It was still in her personal name. Which meant it had to go through probate.

The attorney who drafted the trust had given her instructions to transfer the deed. But somewhere along the way, it didn’t happen. Maybe she forgot. Maybe she thought it was already done. We’ll never know.

What we do know is that the family spent the next year in probate court — dealing with paperwork, delays, and legal fees — all because of one missing step.

But here’s the part most people don’t realize…

This isn’t a rare story.

We see some version of this all the time.

Sometimes it’s the house that wasn’t retitled.
Sometimes it’s a new bank account that was opened after the trust was signed.
Sometimes it’s a refinance that knocked the property out of the trust and no one ever put it back.

And every time, the result is the same:

A perfectly good plan… that doesn’t work.

Because estate planning isn’t just about documents.

It’s about implementation.

And even more importantly — it’s about maintenance.

Life doesn’t stand still. Neither should your plan.

Over time:

  • New assets get opened
  • Old assets get moved
  • Beneficiary designations change
  • Laws change
  • Family dynamics change

If no one is checking in along the way, gaps start to form. And those gaps are where problems show up.

That’s why we approach this differently.

We don’t just create documents and send you on your way.

We help you fund your trust properly from the beginning. We make sure your assets are aligned. And we stay involved so that as your life changes, your plan keeps up.

Because the truth is simple:

A trust only controls what it owns.

And if no one is paying attention, it’s very easy for that trust to slowly become disconnected from reality.

That’s how families end up in probate — not because they didn’t plan, but because the plan wasn’t kept current.

Estate planning done right isn’t about having documents.

It’s about making sure those documents actually work when your family needs them most.

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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