08/26/2026
A family that had a trust on paper but still ended up in probate because it was never funded.
A story I think about often (details changed to protect privacy):
A couple set up their trust years ago, checked it off their list, and moved on. A few years later, the wife inherited a small rental duplex from her own mother. She meant to get around to retitling it into the trust β it was on her list, just never at the top of it.
When she passed away unexpectedly, her adult children assumed everything was in order. Their mother had a trust, after all. It wasn't until they sat down with the paperwork that they discovered the duplex was still titled in her individual name. Every other asset transferred smoothly, quietly, without a single court filing. That one property didn't.
Now the family is opening a probate estate for a single piece of real estate, months after they thought the estate was already settled β for a property that represented a fraction of what she owned, but is costing them a disproportionate amount of time, money, and frustration.
A trust isn't a one-time task. It's not just what you fund on day one β it's every asset you acquire afterward, too. If you've bought, inherited, or refinanced anything since your trust was signed, that's worth a second look.