FEATURES & NEWS

Estate Planning Attorney
Estate Planning

Is My Lost Will Useless?

Is My Lost Will Useless in New York? Losing a will can be a significant concern for anyone involved in estate planning or administration. In

Read More »
Estate Planning
Estate Planning

Battling Against Deportation

Battling Against Deportation: A Comprehensive Guide Deportation can be a frightening prospect, particularly in a city as diverse as New York. Understanding your rights and

Read More »
estate planning
Estate Planning

Missing Or Deceased estate?

Navigating Missing or Deceased Estate Issues When a beneficiary is missing, or an estate owner passes away without clear directives, handling the estate can become

Read More »
Probate Attorney
Estate Planning

The Need-To-Know: Probate Litigation

The Need-To-Know: Probate Litigation in 2024 As we approach 2024, the landscape of probate litigation in New York continues to evolve. Understanding these changes is

Read More »
Estate Planning
Estate Planning

The Top Secrets of Estate Accountings

The Top Secrets of NY Estate Accountings 2024 As we move into 2024, estate accounting in New York continues evolving, presenting challenges and opportunities. Understanding

Read More »
Morgan Legal Group Estate Planning
Estate Planning

ABC 9 GA WTVM | Morgan Legal Group

Understanding Estate Planning with Morgan Legal Group in New York City Estate planning is a crucial step for securing your financial future and ensuring your

Read More »
Will
Estate Planning

Is My Will Legit?

Is My Will Legit? Ensuring Your Will’s Legitimacy in New York Creating a will is a fundamental component of estate planning, but the looming question

Read More »
Probate
Estate Planning

The Mysteries of Probate Revealed

The Mysteries of Probate Revealed in New York The probate process in New York often seems shrouded in mystery, leaving many to navigate its complexities

Read More »
What is Probate in 2024
Estate Planning

What is Probate in 2024?

As the legal landscape continues to evolve, understanding the probate process in New York in 2024 is crucial for effectively managing estate planning and administration.

Read More »
Probate Lawyer Queens
Estate Planning

Probate Lawyer Queens

Why You Need a Probate Lawyer in Queens Probate can be complex and daunting, especially in the diverse and dynamic borough of Queens, New York.

Read More »

Estate plans for Minor

A minor child is under the age of 18. By law, any child under 18 cannot inherit property bequeathed to him or her whether or not there is a will in place, and such property will hence be put into a trust for minors or invested in the Guardian’s Fund by the court until the minor child attains the legal adult age of 18.If a decedent, by reason of his or her will, leaves property for minor children, then they would not have access to the property. Also, the guardian appointed by the court may not be the most preferred choice of the decedent for the kids, and for this reason, most parents now create trusts for minor children and name whoever they deem best fit to look after the trust and the kids until they reach 18. These trusts for minor children must be created with the assistance of an experienced trusts attorney.

As every family and child is unique, parents are faced with tough decisions in creating trusts for minors, and the following will throw light on some general issues. 

Pot trusts and individual trusts

As a parent drawing an estate plan, you may have several youngsters — children, grandchildren, nieces, etc., — below the age of 18 who you may want to provide for.

You could either leave assets in “individual trusts” for each child, or put all the money in a “pot trust” or family trust for more than one child. An individual trust is beneficial due to its equitable approach, as each minor beneficiary would get funds from his or her own share, without the others having to pay for it from the family trust. A family or pot trust is mostly created for siblings. As one child may end up having more needs and expenses than others have, the trustee has to be prudent in determining how best to utilize the money fairly enough. 

Contact an estate planning attorney. 

Handling trust assets

As a trustee of a trust for minor children, you may need to make important decisions on how best to manage these assets. Any decision made should be purposeful to further aid the goals of the trust. Before making any decision, you should go back to the terms of the trust laid down by the grantor and consider what exactly he would have intended. Would he have wanted a luxurious childhood for the minors? Alternatively, would he have wanted most of the funds to be used for the child’s education? You may even better display financial prudence by investing some trust assets in order to yield more for the child in the future. Create an investment plan and check from time to time if you’re progressing towards your financial goals.

Create a special Needs Trust

A Special Needs Trust (SNT) may be created during estate planning to cater for a child with permanent disability. The trustee managing this trust has to follow the terms of the trust and the state laws while making expenditures in order not to jeopardize the child’s eligibility for receiving other government benefits such as Medicaid and Supplemental Security Income (SSI).

Prepare Trusts for problematic minors

What happens when you leave funds to a child with a substance abuse problem like drug addiction? Giving such a child the opportunity to easily demand money from the trust would prove heavily detrimental. The best way to protect such a child is by creating a lifetime trust.

With a lifetime trust, the child has no right to demand for cash regardless of his/her age but it is left to the discretion of the trustee to distribute funds when necessary and thus, the child has a better liability protection with a lifetime trust. The importance of creating a lifetime is heightened when you have concerns that your problem child may run into huge debts or divorce in the future. With a normal trust for minors, once the child attains 18, he/she could simply withdraw funds from the trust and squander it out of youthful lusts, but this is avoided when a lifetime trust is established.

It is worthy of note that trusts for minors will be effective until the child attains 18 or the funds get exhausted. All in all, to get the best tailored estate planning should there be minors in your family; contact an experienced estate planning lawyer or a trust attorney today.

to schedule a consultation today.
Please reach out to us at:

Most Popular: