02/25/2026
Real example (names changed):
Parents wanted to make life easier on their kids.
So their trust said:
• $10,000 to their friend Bill for serving as Trustee and Power of Attorney
• Everything else (the “residue”) split 50/50 to their two children
Sounds thoughtful, right?
Here’s the problem.
At the death of both parents, the trust only had $18,000 left.
What happens?
The $10,000 gift to Bill is a specific bequest.
Specific gifts get paid first.
So Bill gets $10,000.
Then what’s left for the children?
$8,000 total.
$4,000 per child.
The parents thought:
“We took care of Bill AND our kids.”
What actually happened:
They accidentally prioritized Bill over their children.
And no — the Trustee doesn’t get to “be fair.”
He legally must follow the document exactly.
This is one of the most common trust drafting mistakes:
People write fixed dollar gifts inside an estate that will almost certainly shrink due to:
• final expenses
• medical bills
• long-term care
• taxes
• liquidation costs
By the time the estate settles, the math has changed… but the document hasn’t.
A better approach is usually percentage-based compensation or a conditional payment structure — not a hard dollar amount that was picked 15 years earlier.
Estate planning is not about documents.
It’s about how the math actually works at death.
The law doesn’t care what you meant.
It only cares what you wrote.
And families end up fighting over that difference every day.
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