1. Appointing a Property Guardian Through Your Will
One straightforward approach is to nominate a property guardian in your will. This individual will manage any inheritance your child may receive, in the absence of a trust or other instruments, when you’re no longer there.
2. Utilizing the Uniform Transfers to Minors Act (UTMA)
Nearly all states recognize the UTMA – a way to assign a custodian to oversee the inheritance intended for a child. This could be stipulated in your will or a living trust. The UTMA custodianship ceases once the child reaches adulthood, which varies by state, although some states let you extend custodianship until the age of 25.
Life insurance proceeds earmarked for your minors can be managed through UTMA custodianships or trusts. It’s crucial to consider if life insurance is necessary and to choose the right policy for your situation.
3. Establishing Trusts for Each Child
Creating individual trusts provides you control over when and how your child receives their inheritance. Assigning a trustee ensures that your child’s needs for health, education, and living expenses are met from the trust and that any remaining wealth is transferred to them at the age you choose.
4. Creating a ‘Pot Trust’ for All Your Children
Families with several young children might consider a single trust accommodating all of them until the youngest child reaches maturity – typically the age of 18. While this allows considerable discretion for the trustee, it can mean that older children will not receive their inheritance until the youngest child comes of age.
For instance, consider the situation of Nick and Nora, parents of three children aged 4, 5, and 10. Their testamentary arrangements involve a pot trust that consolidates their estate for their children, overseen by a trustee – in this case, Nora’s sister, Chloë. This setup entrusts Chloë with managing the trust assets and providing for the children according to their needs.
At Wilson & Wilson Estate Planning and Elder Law LLC, your family’s future is our priority. Please reach out to us for a consultation on planning for your children’s inheritance at (708) 482-7090. Let us assist in ensuring your peace of mind and the well-being of your loved ones.
