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.