Biggest Mistake

20 Oct 2025 · 1 min

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Estate planning attorney Jerry Taylor explains the biggest trust mistake: failing to fund it. Many people create a trust but never transfer their assets into it, which means heirs still face probate after death. A trust only avoids probate if it actually holds your assets.

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The biggest mistake that people make is the failure to fund the trust or adequately fund a trust. Saying things to me like, well, I'm not going to get a trust because I know such-and-such had a trust and when they died, their kids still had to go through probate. And the reason that happened, I can just about guarantee, is because that person did not fund their trust or they did not fully fund their trust. They didn't put all their assets into the trust.