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What Can I Do with a Trust to Help My Children with Inherited assets?

August 10, 2019
David Parker, Esq.
5 biggest mistakes for beneficiaries
David Parker, White Plains and New City NY Estate Planning Attorney
David Parker, Esq.
David Parker is an attorney who specializes in Estate Planning and Elder Law and has been practicing law for 30 years. Be it Wills, Trusts, Powers of Attorney, Health Care Proxies, or Medicaid Planning, David provides comprehensive and caring counsel for seniors and their families. A large portion of David’s practice is asset protection strategies so that families do not lose their hard earned savings to nursing home care costs. He also handles probate administration for the settlement of estates.
There are mechanisms that you can put in place through a trust to help your children become financially responsible with their inheritance.

Young people like to keep things simple. Millennials don’t want their parents’ furniture or antiques. They want to be able to move easily, without a lot of headaches. Millennials are okay with jewelry, art and cash. Likewise, with estate planning, millennials want a simple will. This can be a wise choice, if they’re just married and under the estate tax threshold. However, when they have children of their own, they should consider a trust.

Forbes’s recent article, “Why A Simple Will Won't Cut It If You Have Young Children,” explains that without a trust, minor children get inherited assets outright when they turn 18. That may be a problem, if your children are apt to blow through their inheritance in a few years, instead of using the money wisely.

However, an inheritance could last a lifetime, if the beneficiary lives within her means, doesn’t tap into the principal and works to help support her lifestyle and supplement her income. However, this isn’t always the case, and individuals with access to so much cash are often vulnerable to developing addictions.

A trustee can make certain that your children and young adults are cared for over the long-term. If you’re not alive to guide and direct your children, a trust can set the necessary limitations for their finances. The trustee can also help with your children’s financial literacy, so they’ll possess tools, if and when they’re given additional responsibility for their inherited assets.

This isn’t just for minor children who are under 18 years old, but also for young adults. The fact that a child is “legal” in the eyes of the law, doesn’t mean she’s responsible enough to invest a million-dollar inheritance. A trust sets up an experienced advisor to manage inherited assets along the way.

One option, when they’re mature enough, is to set up the trust, so they will become a co-trustee. This lets them have a say with the trustee and to make decisions about the management of the trust inherited assets. Your trust can also give them access to distributions of principal slowly over time, so they get used to managing large sums of money.

Simple solutions can work for some people, and there are definitely situations in which a simple will is appropriate. But if you have minor children, you don’t want to allow them to let them inherit money at 18.

Ask your estate planning attorney about the options available to set up a trust to work for your family.

Reference: Forbes (July 12, 2019) “Why A Simple Will Won't Cut It If You Have Young Children”

 

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