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The “Dump and Stir” Problem: Why Merely Retitling Assets to Your Revocable Trust Isn’t Enough

Many people set up a revocable trust and then dump assets into it by changing titles. That step matters, but it does not finish the job. If you skip beneficiary forms, ignore closely held business rules, or leave personal property instructions loose, your plan can still break at the point your family needs it most. 

This post explains what “dump and stir” means, where Florida families commonly miss details, and how to tighten the plan so your trust does what you intended.

Dump and Stir Explained

A revocable trust works best when you fund it correctly. Funding means you move ownership into the trust’s name, such as deeding real estate into the trust or retitling a non-retirement brokerage account. A trust that you do not fund may fail to avoid probate for the assets you left outside it.

The “stir” part means you coordinate everything that does not follow title alone, so each asset type lines up with the trust’s instructions.

Beneficiary Designations Still Control

Many high-value assets pass by contract, not by your trust document. Think life insurance, retirement accounts, annuities, and certain transfer-on-death or pay-on-death setups. The named beneficiary typically controls and can override what a will or trust says.

Florida statutes reflect the same concept for common accounts. A pay-on-death (POD) bank account passes to the listed beneficiary at death, and the beneficiary holds no rights during the owner’s life. A transfer-on-death (TOD) security registration also transfers by the registration contract and does not operate as a will substitute that needs probate formalities.

Business Interests and Personal Property Gaps

Business ownership rarely behaves like a regular bank account. Operating agreements, bylaws, buy-sell agreements, and lender rules may restrict transfers or require approvals. If you retitle first and ask questions later, you can trigger disputes or delays.

Personal property creates a different problem. Most household items never get titled into a trust. Florida law allows a separate signed writing (referred to in a will) to direct certain tangible personal property gifts, but it comes with limits and formal requirements.

Tighten the Plan Before a Crisis Hits

At Schnauss Naugle Law, we help Jacksonville families build revocable trust plans that match real-life assets. We review deeds and account titles, check beneficiary designations, and flag business-transfer issues and personal property loose ends before they turn into probate surprises. Call us at 904-643-6342 or use our intake form to get started.

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