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Caring For Children - By Tim Barkley

Parents, trying their best to raise their children, are confronted with myriad responsibilities. One of these is to make sure that support and nurture doesn’t stop if the parents pass away.

“We have two children, a boy and a girl, two and four years old.”

“We have a six-year-old, and my wife has three teenagers from her previous marriage. Her ex has joint custody.”

“We have two grown children and are raising our twelve-year-old grandson.”

Family structures, childrearing arrangements and societal expectations both old and new require careful and creative planning to achieve your goals. The “form book” approach of the generalist is woefully inadequate.

Consider, first, that state law requires that money left directly to a minor be held in a court-administered custodianship until the child turns eighteen, and then given to the child outright. Distribution at 18 might be acceptable in the case of a small gift from a grandparent, but not for your child’s share of half of the family home, your investments and other carefully stewarded assets. Giving the average eighteen-year-old a quarter-million dollars is like arming a missile.

Further, most parents would want to decide when the money is given to Junior and how it is spent. It’s safer to use money to pay for Junior’s college education directly than to give Junior fifty thousand dollars and suggest that he use it for his freshman tuition.

Most parents are happy investing in careful planning to be sure that their hard-earned money is used by their children to pay for education and pursue other worthwhile goals. Thus, the “Children’s Trust.”

By including a trust in your will, you can provide for the raising and education of your children; encourage them to learn thrift and the value of a hard-earned dollar; provide financial flexibility and fund worthwhile goals such as a down payment on a first home; and defer outright distribution to an age of presumably greater maturity.

In addition, blended families can appoint a trusted family member as trustee ensure that their money is used for the children and not appropriated by an ex-spouse or other “officious intermeddler.” Not only does this direct the money appropriately: parents can now relax with one less worry.

Be sure that your caring for your children continues in the unfortunate event of your demise. Consult with your planner to be sure your documents match your unique situation.
 

Wills • Trusts • Estate Planning & Administration
Elder Law • Real Estate • Business Planning

The Tim Barkley Law Offices
One Park Avenue
P.O. Box 1136
Mount Airy, Maryland 21771
(301) 829-3778

tbarkley@barkleylaw.com

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