When Geeta Oberoi walked into her estate planning attorney’s office in Rockville, she felt relieved.
She had done everything right—or so she thought.
Geeta was a retired professional who owned a home in Bowie, had a modest investment account, and a savings account she had built carefully over decades. Her biggest concern was making things easier for her children when she passed.
“I don’t want them dealing with probate,” she said. “I’ve seen how difficult that can be.”
So her attorney prepared a revocable living trust, along with a pour-over will, powers of attorney, and healthcare directives. Geeta signed everything, neatly organized it in a binder, and placed it on her bookshelf.
She told her children, Rajiv and Nistha, “Everything is taken care of.”
And for a while, it was.
What Geeta Didn’t Do
Geeta never returned to complete the second step.
No one ever deeded her Bowie home into the trust.
Her bank accounts remained in her individual name.
Her investment account was never retitled.
Her trust—though carefully drafted—remained empty.
What Happened Next
Years later, Geeta passed away peacefully.
Rajiv and Nistha found the trust documents exactly where she said they would be. They felt a sense of comfort seeing how organized everything looked.
“This should be straightforward,” Rajiv said.
But when they brought the documents to an attorney, they heard something they did not expect:
“The trust isn’t funded.”
The Reality Under Maryland Law
Because Geeta’s assets were still in her individual name, they could not simply be administered through the trust.
Instead, Rajiv and Nistha had to open an estate with the Maryland Register of Wills.
That meant:
Everything Geeta had hoped to avoid… now became necessary.
The House in Bowie
The biggest complication was the family home.
Geeta had intended for the trust to hold the property so her children could sell it easily or keep it within the family. But because the deed had never been transferred, the home had to go through probate before anything could be done.
That caused:
The Pour-Over Will—A Safety Net, Not a Solution
Geeta did have a pour-over will. It directed that any remaining assets be transferred into the trust.
But under Maryland law, that didn’t avoid probate—it required it.
The will functioned exactly as designed—but it could not fix the problem of unfunded assets.
A Difficult Realization
One evening, Nistha sat at the kitchen table holding the trust binder.
“But she told us everything was handled,” she said quietly.
And in a sense, it had been—just not completely.
Geeta had taken the most important first step. But without funding the trust, the plan was never fully put into motion.
What This Story Teaches
Geeta’s situation is not unusual. It is one of the most common issues estate planning attorneys see in Maryland.
A trust is only effective if assets are actually placed into it.
That means:
Without these steps, even the best-drafted trust cannot accomplish its purpose.
How to Avoid This Outcome
The good news is that this is entirely preventable.
With proper guidance, funding a trust can be straightforward—it simply requires follow-through.
At C&O Law Group, we don’t just draft trust documents—we help ensure they are fully implemented so they work when your family needs them most.
The Bottom Line
Geeta believed she had avoided probate.
In reality, she had only postponed it.
A trust is not just a document—it is a system. And like any system, it only works if every part is properly put into place.
If you have created a trust—or are considering one—make sure it is fully funded so it works when it matters most.
Have questions about your legal situation?
The attorneys at C&O Law Group are here to help.
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