What are common mistakes people make with trusts?
Failing to fund the trust by retitling assets into its name is the most common and costly mistake people make.
š Failing to Fund the Trust
- The Issue: Leaving real estate or bank accounts in your personal name.
- The Consequence: Assets still go through expensive, public probate court.
- The Fix: Re-title deeds, bank accounts, and investments to the trust.
ā ļø Choosing the Wrong Trustee
- The Issue: Appointing family members based solely on relation rather than skill.
- The Consequence: Leads to mismanagement, missed paperwork, or intense family fights.
- The Fix: Pick a detail-oriented person or hire a professional fiduciary.
šļø Neglecting Regular Updates
- The Issue: Forgetting to modify the trust after major life changes.
- The Consequence: Ex-spouses or deceased individuals might remain listed as beneficiaries.
- The Fix: Review the documents every three to five years.
š” Relying on DIY Templates
- The Issue: Using generic online forms to save money upfront.
- The Consequence: Vague wording can invalidate the trust or break local state laws.
- The Fix: Hire an estate attorney to draft legally sound provisions.
š Ignoring Incapacity Planning
- The Issue: Designing the trust strictly for distribution after death.
- The Consequence: Leaves no clear framework if you fall ill or lose mental clarity.
- The Fix: Explicitly name a successor trustee to manage ongoing lifetime care.