The Trust Was Ready...But the Asset Never Made It Into the Container

I’ve been sharing tips for the past two months about why everyone needs what I call Life Essentials documents. I’ve tried to explain, in a simple and practical way, that these documents matter just as much in life as they do after death. I hope that message has come through. But sometimes, real-life stories carry a different kind of weight.

As I continue sharing information, I’ll sprinkle in a few of these real-life, personal stories to help show why preparation matters. Today, I’m sharing one about a friend who recently lost her sister. Our conversation touched on so many topics that I probably have material for the next two or three months.

Last week, I wrote about trusts and the importance of properly funding them. In case you missed it, you can read more here: Trusts 101 | Denise Bonk, Attorney at Law. So, this week, it only makes sense to talk about her sister’s trust.

My friend’s sister had been sick for a while. She wanted to do the right thing, document her wishes and make things easier for her family, so she created a trust to pass her assets and avoid probate. She bought property that was meant to go to her son through that trust.

But when my friend reviewed the deed recorded with the county, she discovered the deed was still in the previous owner’s name, and the wrong county map was attached. The copy she had, which appears was never recorded, was also incorrect, listing her sister instead of the trust. Because of these errors, the estate now has to go through probate, completely defeating the purpose of the trust. The property was never actually placed into the trust container.

My friend and her sister were best friends. She told me there has been no time to grieve because she’s dealing with probate court, trying to get the deed corrected, sorting through belongings, itemizing everything, and packing for donations. Her sister passed away in May. It’s now almost August. The estate is still open and likely will be for at least another couple of months. And during all this, she started to think about her own plan, second guessing whether a trust really is the best avenue for her. She also needs to make updates to her documents because her beneficiary predeceased her. Having been through this myself, I empathize knowing that until the estate is closed, it's difficult to breathe, let alone heal.

I appreciate my friend allowing me to share her experience so others can learn. My points below aren’t specific to her sister’s situation, but they came to mind during our conversation and are worth sharing.

First, do your research when looking for an attorney. Ask for referrals from friends or family. Take time to talk to the attorney before committing to their services. it’s important to work with an estate planning attorney you trust. Many people are tempted to prepare their Life Essentials documents using inexpensive online templates. But when you hire a good attorney, you’re paying for more than documents. You’re paying for experience, judgment, and the ability to spot problems before they become disasters. That’s something a downloadable form simply cannot do. I wrote a whole post about this early on: Why You Need an Attorney for Effective Estate Planning | Denise Bonk, Attorney at Law

Second, when you’re not feeling well, whether it’s a long-term illness or a sudden decline, the last thing you want to do is meet with attorneys, make major decisions, and review legal documents for accuracy. Your energy should be focused on getting well, not on legal planning. Also, you have now put yourself in a "time is of the essence" situation. You might not have the luxury of time to think about your healthcare plan moving forward, who you want to inherit your belongings, and most importantly, who you trust to make important life decisions such as managing your finances, making healthcare decisions, and managing your estate after your death. You may also end up working with an attorney that was not your first or second choice due to availability and potentially paying a premium to have your documents expedited.

Third, you must have capacity at the time you sign legal documents. This is so important that it deserves its own post. The short version is that someone can question the validity of your will by arguing you did not have capacity to sign it because you did not understand what you were signing or the consequences of signing it.

I’m grateful my friend allowed me to share her story. I’m grateful for the opportunity to help educate you on why being prepared matters. If you are in the Indianapolis metropolitan area and ready to work on your Life Essentials documents, please reach out for a consultation.

Denise Bonk, Attorney at Law

317-202-5773 (talk or text available)

denise.bonk@outlook.com

PO Box 40233 Indianapolis IN 46240

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