Did you know nearly 50% of Americans don’t have any estate plan at all? And even among those who do, many make critical mistakes, especially in their trusts, that create confusion, trigger probate, or even lead to lawsuits.
At SJF Law Group, we’ve seen firsthand how poorly written or outdated trusts can tear families apart or undo someone’s final wishes. If you want your trust to truly protect your loved ones, here are five things you should never include and what to do instead.
1. Don’t Disinherit Someone by Leaving Them a Dollar
Many people try to disinherit a child or relative by leaving them a symbolic dollar. This outdated strategy can actually backfire, drawing more attention to the exclusion and potentially triggering a legal challenge.
Instead: Clearly state your intention to disinherit using direct and attorney-approved language. This leaves no room for ambiguity and helps ensure your wishes are honored without sparking unnecessary conflict.
2. Don’t “Trust” One Person to Share Everything
Leaving all your assets to one child or family member with a verbal instruction to “divide fairly” holds no legal weight. Once they inherit, they’re not required to share, and often, they don’t.
Instead: Be specific in your trust about who receives what. If fairness is a concern, appoint a neutral trustee to oversee distributions.
3. Don’t Forget Backup Beneficiaries
It’s uncomfortable to think about, but what if your primary beneficiary dies before you? If you haven’t named a contingent beneficiary, that portion of your trust may end up in probate, defeating the whole purpose of having a trust.
Instead: Always name alternate or contingent beneficiaries. Your trust should plan for the “what-ifs” like death, incapacity, or gift refusal.
4. Don’t Handwrite Edits on Your Trust
Crossing things out and scribbling changes in the margins might feel like a quick fix, but it’s not legally binding. In fact, it can create more confusion and even cast doubt on the validity of your entire trust.
Instead: Make official updates through a formal amendment or restatement, properly signed and notarized according to your state’s laws.
5. Don’t Create a Patchwork of Amendments
If you’ve made five, six, or even ten amendments over the years, it can be a nightmare for your trustee to decipher. Inconsistencies lead to misunderstandings and often result in disputes.
Instead: When you’ve made multiple changes, it’s time for a restatement. This creates one clean, updated version of your trust that reflects your current wishes without confusion.
Real Example: A Costly Assumption
One of our clients had a mother who left everything to one child with the hope that he’d “do the right thing” and share with his siblings. He didn’t. Legally, he didn’t have to. The result? A year-long court battle, high legal fees, and permanently fractured family relationships. All because the trust didn’t say what it needed to say.
Don’t Let Small Mistakes Lead to Big Problems
Most trust mistakes don’t cause issues while you’re alive, but they will create problems for the people you love when you’re no longer here to fix them. Taking the time now to review and revise your trust properly can save your family months of stress, legal battles, and uncertainty.
If your trust is more than a few years old, or you’re unsure if it contains one of these red flags, we strongly recommend a review.
Need a Trust Review?
At SJF Law Group, we’ve helped over 2,000 families protect what matters most, with more than 250 five-star reviews to show for it. Our award-winning estate planning attorneys in Plantation make the process simple, personalized, and stress-free. We’ll guide you every step of the way to ensure your trust reflects your current wishes and safeguards your loved ones.
Call us, email us, or fill out the contact form here to schedule a trust review.
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