By Bobbi Meloro
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December 5, 2024
The holiday season is a time for joy, reflection, and giving. If you have already taken the thoughtful step of creating a trust agreement as part of your estate plan, congratulations, you have given your family an incredible gift. However, there is a catch: a trust agreement is only able to work its magic if it is properly funded. Without that step, it is like an empty box under the tree, beautiful to look at but unable to deliver on its promise. Often, many people think creating a trust agreement is the hard part, but the real work begins afterward. Funding your trust agreement, in other words transferring assets into it or naming it as a beneficiary, is the key to making sure your trust agreement works as intended. This holiday season, take the opportunity to get your ducks in a row and make sure your trust agreement is ready to do its job. We want to dive into why trust funding is such a meaningful gift for your family and what can happen if your trust agreement is left unfunded. First of all, a trust is only as good as the assets it holds. Funding your trust agreement means transferring ownership of your assets, such as your home, bank accounts, and even life insurance policies, into the trust or naming the trust as a beneficiary. This step makes sure your assets are managed and distributed according to your trust’s instructions. When your trust agreement is properly funded, it brings a world of benefits. Your loved ones can avoid the delays and costs of probate, and they will not have to worry about your financial matters becoming public. Your trust agreement can also ensure your assets are distributed exactly how you want; whether it is setting aside money for your grandchildren’s education, protecting assets from creditors, or providing for a spouse in a way that reflects your intentions. Proper funding is the gift that keeps giving, year after year. An unfunded trust agreement, on the other hand, can cause unnecessary headaches for your family. Without assets transferred into the trust agreement, those assets remain outside its control. This means your family may still face probate, dealing with delays, extra costs, and even unintended outcomes. For example, if you have created a trust agreement but did not transfer your home into it, your family may have to go through the probate process to handle or sell the property. That completely defeats one of the key reasons many people create a trust agreement in the first place. Worse yet, if assets are not properly aligned with your trust agreement, your state’s intestacy laws could decide who gets what, not the thoughtful instructions you left in your estate plan. Do not let the oversight of an unfunded trust agreement derail your family’s peace of mind; getting your ducks in a row now can save them from unnecessary stress later. The holidays are all about giving, and there is no better gift than ensuring your trust agreement is fully funded and ready to do its job. Take time this season to meet with an experienced Florida estate planning and elder law attorney to review your trust. Together, you can make sure all your assets are properly titled, transferred, or designated to work seamlessly with your trust. At Meloro Law, we are here to make sure your trust delivers everything you intended for your family. Let us help you double-check the details, update any documents, and give your loved ones the ultimate peace of mind. We encourage you to contact us and schedule a meeting to get your ducks in a row. To learn more about Meloro Law and how we can help you when you need legal representation for estate planning or elder law issues do not wait to call us today.