Having a will is simply a one-way ticket to probate. Most people think having a will prevents probate. Not so. Having a will is simply just not enough. A court will likely need to review it, validate it, and see whether it is contested. Remember, all probated wills appear in the public record. The net worth threshold for probate across the country averages less than $200k. Therefore, even with a will, most people who read this, their estates will likely go through the probate process.
Many people think that having a trust solves that problem. It might. It might not. Note that most trusts are like owning a beautiful house that no one ever moves into. The reasons are simple.
Less than 10% of trusts in the US are properly funded. An unfunded trust means that assets in the trust aren’t properly titled. Real estate deeds need to be recorded. Banks and brokerages require paperwork. It’s essentially empty These errors and omissions will likely result in probate and delays for your beneficiaries. Most of us who have established a trust did so in the belief that having a trust would guarantee the avoidance of probate. That’s highly unlikely for the majority.
Imagine spending time, money, and care designing a beautiful new home. You pick the layout, choose the finishes, sign all the paperwork — and the house is officially yours. But then… you never move your furniture in.
The house sits empty. The lights are off. The rooms echo. And when a storm eventually hits, the house protects nothing, because nothing was ever placed inside it. This is what happens with an unfunded trust. An unfunded trust simply means that assets aren’t properly or correctly titled.
Or picture this:
You order a giant, glorious, extra‑everything pizza on a Friday night with friends. You pay for it. You get the confirmation text. You share your excitement about how great the pizza is going to taste. You boast that it gets great “one-bite pizza review” scores. And then… you never go pick it up.
The pizza sits in a warm box on the counter, getting sadder by the minute, until the shop finally tosses it out. Meanwhile, you’re at home wondering why you’re still hungry.
That’s an unfunded trust.
Creating the trust is just the act of placing the order. Funding the trust is actually picking up the pizza. Most people stop at the order — and end up with an expensive box of nothing. A document that was expensive to write but doesn’t fully protect your assets, your heirs, or your wishes. In a traditional “book trust”, each time it requires updating equals more expense.
If you’re reading this and you have a trust, it’s a pretty safe bet that it’s not properly funded. The good news is that the availability of digital trusts and jurisdictional shopping laws across state lines, there are now low cost, simple, and effective ways to fund a trust without having to constantly pay attorney fees every time you need to make a revision due to new regulations, the addition of grandchildren, or other more types of changes.
Your attorney will confirm this. However, many attorneys don’t automatically manage full trust funding as part of their standard service. Done the old way (a “book trust”), funding a trust is labor intensive, time-consuming, and usually falls outside the scope of flat-fee engagements for drafting documents.
Ask upfront: “Does your flat fee include full trust funding assistance, or just drafting and instructions?” Proactive firms include coordination sessions or team support for funding.
A trusted advisor like Westwood Solutions can generally oversee much of the retitling. We’ll collaborate with your attorney – or work with ours – for guidance on tricky items like real estate deeds. New assets acquired later must also be titled in the trust’s name. In short, it’s mostly a matter of business model, cost, and practicality – not negligence. Good attorneys emphasize the importance of funding, and help you complete it, but the execution often stays with the client to keep services affordable and scalable.
If this concerns you, shop for an attorney who explicitly includes robust funding support in their process. Alternatively, DM me. I can direct you to digital services and licensed counsel that can easily help address this dilemma for a reasonable one-time fee. You can make as many changes to your trust as you like. A digital trust is updated automatically with regulatory changes. It’s secure, shareable, and easy.
If you’re an attorney or family lawyer, contact me to help you and your clients. I’m happy to answer your questions.
Now go pick up that pizza you ordered before it gets cold.
Westwood Solutions 