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The Importance of Being Earnest (And Funding Your Trust)

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“The Importance of Being Earnest (And Funding Your Trust)” by Attorney Beth Burgee (Audio)

In the world of both estate planning and Oscar Wilde’s iconic play “The Importance of Being Earnest,” there’s an undeniable thread of careful planning and the pursuit of a well-orchestrated future. Individuals navigating the realm of trusts must pay close attention to every detail of their estate plan, especially when it comes to the funding of their trusts.

Act I: Laying the Foundation

When it comes to estate planning, one concept often overlooked is the funding of trusts. Many individuals diligently create trusts as part of their estate plan, but fail to follow through with the crucial step of funding them. Much like Algernon’s imaginary friend Bunbury, an unfunded trust can remain a delightful concept but lack the substance needed to actually carry out your reasons for creating your trust.

Act II: The Dramatic Consequences

In the “Importance of Being Earnest,” the characters’ dual identities lead to comedic confusion and unexpected revelations. Similarly, an unfunded trust can lead to unforeseen consequences. Though these consequences will not be as amusing as those found in Wilde’s comedy. Just as Algernon’s ruse eventually unravels, leaving your trust unfunded can lead to your carefully orchestrated estate plan unraveling as well. Let’s explore some of the potential consequences of neglecting this critical step.

  1. Probate: An unfunded trust may result in your assets that were meant to go into the trust being subject to probate proceedings. Probate is the legal process to distribute assets that are in a person’s sole name with no beneficiary and is overseen by a court. Probate is a public process, meaning the proceedings, including information about assets and beneficiaries, is public record. One of the main purposes for creating a trust – to avoid probate – can be deterred if the trust remains unfunded.
  2. No Asset Protection: One of the advantages of certain trusts is asset protection. Without funding, these protections may not be available. Creditors could potentially target assets that would have otherwise been protected if properly funded into an asset protection trust.
  3. Missed Estate Planning Goals: A trust is a versatile tool than can help you achieve specific estate planning goals, such as minimizing estate taxes, providing for minor children, or ensuring the ongoing care of a loved one with special needs. Without proper funding, these goals may not be realized.

Act III: The Grand Finale

The proper funding of your trust brings about a resolution of your financial affairs, ensuring that your assets are distributed according to your wishes. Funding your trust is an earnest endeavor that reflects your genuine commitment to the future well-being of your loved ones. When properly funded, your trust navigates the complex waters of probate avoidance, asset protection, and legacy preservation. So, heed the lessons of both Wilde’s comedic masterpiece and the world of estate planning – be earnest. Make sure to actually take the step of funding your trust in order to ensure the efficacy of your estate plan.

Beth Burgee, Estate Planning Attorney
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