Roseville, CA estate planning & probate attorney Rick Lebherz talks about how to ensure that a trust is properly funded and that the assets are managed in a way that benefits the beneficiaries. He emphasizes that trust funding is a critical component of establishing a trust. While estate planning attorneys assist in creating trusts, they may or may not handle the funding process itself. Properly titling assets is essential to ensure the trust functions as intended, and addressing funding issues is a common task in trust administration.
He notes that, for example, a homeowner may intend to hold their property in a trust to avoid probate. If, during trust administration, it is discovered that the home was not properly funded, corrective steps can sometimes be taken posthumously. In some cases, however, improperly funded assets may still be subject to probate.
To prevent such complications, he advises individuals to regularly verify account titling and review named beneficiaries to ensure alignment with their intended distributions. Significant life events, such as refinancing a home or acquiring new assets, should prompt a review of the trust. Consulting with an attorney during these reviews helps identify necessary amendments, ensures proper funding, and maintains the effectiveness of the estate plan.
