As If! Why You Can't Skip the Fine Print on Your Trust

“Sticking to your values, listening to your instincts, making your own choices is so important.”

- Brittany Murphy

When actress Brittany Murphy passed away in December 2009 at just 32 years old, her death sparked years of public speculation — not only about the circumstances surrounding it, but also about what happened to her estate afterward. More than a decade later, her case remains a widely cited cautionary tale in estate planning circles. Here's what her situation can teach the rest of us about protecting our own families.

A Will Written Before Marriage

Murphy had a will drawn up before she met her husband, screenwriter Simon Monjack, naming her mother, Sharon, as her sole beneficiary. Within a day of her passing, TMZ reported that Murphy never updated the document after the couple married in 2007, which would have been a significant oversight- major life events like marriage, divorce, or the birth of a child should always trigger a review of your estate plan.

Lesson: Revisit your will and trust after every major life change. A plan that made sense five or ten years ago may no longer reflect your current relationships, assets, or wishes.

She Did Update Her Plan-But the Story Is More Complicated

Later reporting clarified that Murphy actually did work with an attorney to update her estate plan after her marriage, creating both a formal will and a trust. At her husband's request, the documents reportedly included specific language stating that she was intentionally leaving him out of her inheritance-a step that mattered because, without it, a surviving spouse can sometimes still claim a share of an estate as a "pretermitted spouse," even when the will names someone else. The specific language used by Murphy ensured that her estate went only to her mother; thereby circumventing the “State’s Plan” (as mentioned in our Blog Post about Intestate succession).

Lesson: If you intend to exclude a spouse or close family member from your estate plan, that decision needs to be documented clearly and deliberately, with the guidance of an attorney. Silence or ambiguity in a will can invite legal challenges.

The Trust That Was Never Fully Funded

Perhaps the most instructive (and most common) mistake in Murphy's estate plan was that her trust was reportedly never fully funded. Creating a trust document is only half the job; assets like bank accounts, real estate, and investments actually have to be retitled or transferred into the trust for it to work as intended. Murphy had a pension plan and bank account but never put the Trust on those accounts. Reports said that at the time of her death, her estate would have been worth about $10M. Without funding, a trust can end up being little more than paperwork, while assets remain subject to probate or, in Murphy's case, easier to access by others.

Since Murphy did not fund her trust properly, the assets went directly to her husband, Simon. While this may be fine; it is speculated that this is not what Brittany would have wanted. Reports emerged that her husband had isolated Brittany from her friends and had taken over the role of her manager, agent, accountant, gatekeeper, and makeup artist. Her husband had made claims to be wealthy in his own right, but there have been claims that Simon actually had a repeated history of relationships with wealthy women who he swindled out of money and then left high and dry. Couple this with the mysterious circumstances surrounding Brittany’s death (she died as a result of pneumonia combined with anemia and multiple drug intoxication); and many people are wondering whether or not Murphy would have wanted her husband to have control over these assets or not.

Lesson: An unfunded trust doesn't protect your assets the way you think it will. Ask your attorney to confirm every asset that should be in your trust has actually been moved into it — and revisit this any time you acquire something new.

Lack of Communication Created Confusion

After Murphy's death, conflicting reports emerged about who controlled her estate, how much money remained, and where it had gone. Her mother was named trustee, but years later, family members were still raising questions about the estate's management and contents, which remained largely private.

After she passed away, Brittany’s business manager stated that Simon started withdrawing hundreds of thousands from Brittany’s accounts. Simon continued living in her estate, and making decisions about her assets. There was even a report that said Simon’s mother, Linda, informed Sharon that she had to leave her daughter’s home, when, the home was the one asset actually left for Sharon.

Simon died within 1 year of Brittany. By the time of his death, it is reported that much of the liquid cash and reserved had been heavily depleted.

Eventually, Sharon did take her claim to the house and was able to sell it for $2.7 million, which was more than a million dollars less than what Brittany had purchased it for.

Lesson: A clearly communicated plan — one where the people you trust know your wishes, where your documents are located, and who is responsible for what — can prevent confusion, mistrust, and disputes among loved ones after you're gone.

The Takeaway

Brittany Murphy's estate shows that even when you take the right first step-hiring an attorney, drafting a will, and creating a trust- an estate plan is only as strong as its follow-through. Funding your trust, updating your documents after life changes, and communicating your wishes clearly are just as important as the initial planning itself.

If it's been a while since you've reviewed your estate plan, or if you're not sure whether your trust has been properly funded, now is the time to check. We're here to help make sure your plan actually works the way you intend it to.