(561) 935-9763
Maura Curran, Attorney
Jupiter, FL 33458

A Trust Isn’t a Magic Word

A Trust Isn't a Magic Word

People hear “trust” and think it’s a shortcut. Write it, sign it, done. That’s not what a trust is. A trust is a set of instructions, and instructions only work if somebody actually follows them.

I’ve seen this same story play out more than once. Someone comes in with a beautifully drafted revocable living trust. The document is thorough, the language is exactly right, the signatures are all in place. But the bank accounts are still titled in their own name. The house deed never got touched. The brokerage account, all of it — still sitting outside the trust, exactly where it was before.

Then something happens. Incapacity, or death. And that trust turns out to be an empty folder. A trust only controls what’s actually inside it. Everything left outside still has to go through probate — the very process the trust was supposed to avoid.

What a trust doesn’t do is work on its own. It doesn’t retitle your accounts. It doesn’t attach itself to your house. It doesn’t know your beneficiary designations exist unless you update them. Funding a trust is a separate, deliberate step — and skipping it is the single most common reason a trust fails to do the one thing it was built for.

A trust that isn’t funded isn’t a safety net — it’s a very nice-looking document with nothing underneath it.

That’s not paperwork. That’s the difference between a plan that works when your family needs it, and one that just sits in a drawer looking finished.

If you’re not sure whether your trust is actually funded, that’s worth checking before you need it to work. The Curran Law Firm handles estate planning and trust administration inJupiter, Florida. Call 561-935-9763.