Planning for Your Children’s Future: Property Inheritance Considerations

Simplifying Property Management for Your Young Beneficiaries

At Goldberg & Goldberg, we understand the importance of securing your children’s future, particularly when it comes to the inheritance of property. As a parent, planning for the unanticipated and ensuring financial security for your children is paramount. Should the unforeseen occur, questions arise: who will take care of your children, and how will their financial needs be managed? For many, the strategy involves leaving everything to their spouse with the confidence that the other parent will continue to look after the children, naming the children as alternate beneficiaries. Single parents often opt to leave property directly to their children.

Regardless of your family structure, it’s crucial to designate a responsible party to oversee any assets left to your children, particularly if they inherit while still minors. Through careful estate planning with instruments such as a will or living trust, these concerns can be addressed with precision.

The Risks of Not Preparing for Property Management

Without an established plan for managing property left to minors, the probate court may step in to appoint a “property guardian.” This court-appointed guardian is subject to rigorous court reviews and has limited decision-making power over the assets. Notably, minor property inheritances may allow executors to choose a custodian through the Uniform Transfers to Minors Act for easier property management.

Once your children reach legal adulthood, typically at 18, they gain complete control of the property, unless you’ve specified particular terms within your will or trust.

Estate Planning Options to Ensure Your Children’s Future

Fortunately, Goldberg & Goldberg can help you avoid the challenges of court-appointed guardianship and ensure your children or young adult beneficiaries receive their inheritance with proper oversight. Our assistance covers several effective solutions for property management that are both straightforward and beneficial:

1. Appointing a Property Guardian Through Your Will

Your will can be crafted to include the selection of a property guardian for your child, ensuring that on your passing, the person you trust can manage your child’s inheritance, whether from you or another source, in the absence of other mechanisms like a trust.

2. Establishing a Custodianship Under the Uniform Transfers to Minors Act (UTMA)

UTMA allows you to appoint a custodian to supervise property you leave to a minor. This arrangement is legally recognized in most states and can be initiated through your will, living trust, or beneficiary designations on policies or accounts. The tenure of the custodianship varies by state, typically ending when the minor reaches 21, with some flexibility in certain jurisdictions.

3. Utilizing Life Insurance for Children’s Benefit

Life insurance can play a pivotal role in providing for your children. Both UTMA custodianships and child trusts serve as avenues for appointing a manager for any insurance proceeds. Before purchasing life insurance, however, it’s vital to evaluate your actual needs and the type of policy that best suits your situation.

4. Creating Individual Trusts for Your Children

A trust for each child can be established to manage inheritance until they reach a specified age, with a trustee appointed to oversee their financial well-being. Should they already be of age at the time of your passing, the trust becomes unnecessary, and the inheritance passes directly to them.

5. Establishing a ‘Pot Trust’ or Family Trust for All Your Children

A ‘pot trust’ is an inclusive strategy where a single trust is set up for all your children, with an appointed trustee managing and allocating funds based on individual needs. This approach offers flexibility but also delays the distribution of the inheritance until the youngest child reaches majority age.

Example Scenario:

Consider the scenario of Nick and Nora who have three young children. In their wills, they leave their estate to one another, naming their children as alternates. In the event of both parents’ passing, a single pot trust managed by Nora’s sister, Chloë, comes into effect. Chloë is charged with administering the trust assets and determining necessary expenditures for each child.

At Goldberg & Goldberg, we are committed to guiding you through these important decisions with compassion and legal insight. Your children’s welfare is our priority. To explore how we can assist you in planning for your children’s inheritance, please contact us at (301) 654-5757 for a Free Consultation with one of our experienced attorneys.