How A Revocable Trust Can Protect Your Children

This is the second article in our three-part series discussing important legal arrangements for parents to consider which can ensure that their children are cared for in the event that both parents pass away. While these topics are not always the easiest to think about, making arrangements for our children’s future is one of the many important jobs we must do as parents. Click here to read part one of the series which offers tips for how to choose a guardian for your minor children. 

revocable trust How A Revocable Trust Can Protect Your Children

Credit: SF Gate

A revocable trust can protect families in multiple ways, one of which is safeguarding assets of minor children.  California law provides that children are able to inherit when they become 18 years old.  This means that if you pass away, your children will be entitled to their entire inheritance at 18 years old, even though they may not be mature or financially savvy to handle such a big responsibility.  On the other hand, if you create a revocable trust, you can control when your children will receive their inheritance.  For example, you may wish for your child to receive a partial inheritance at 25, and the remainder at 30.  Your child’s inheritance will be held in a trust, and distributed only after your child reaches a certain milestone, like graduating college.  A later distribution will help insure that your children will have the maturity and financial responsibility to handle their inheritance.  In addition to determining at what age your children will inherit, a revocable trust can guide your children’s life decisions through specific distributions. For instance, from the age of 18 to 22, you can encourage your children to pursue a college education by paying tuition and living expenses from the trust funds.

After graduating from college, your trust distribution can encourage your children to be productive members of society by pursuing a career and not relying on monthly trust distributions as their ultimate “pay day.”   However, you can also reward your children with funds from the trust, if they need help with a down payment for a house, start up expenses for a business, or wish to continue their education.  In essence, your revocable trust can guide your children through its timed distributions, much like you would guide them during your lifetime.  As a result, a personalized revocable trust created specifically for your family will allow you to pass to your children not only your financial assets, but also your family’s values and legacy.

To learn more about how creating a revocable trust can benefit your children, please contact Tatiyants Law at (818) 956-9200 or e-mail info@tatiyantslaw.com.

 

tatiyants 0441 How A Revocable Trust Can Protect Your Children

Sona A. Tatiyants

Described by her clients as “the perfect lawyer for the job,” Sona A. Tatiyants understands the ever-changing and complex world of estate planning. As a wife and mother, Sona understands how overwhelming the world of estate planning can feel for a family. As an experienced lawyer, she knows just how important it is to have one in place. Just like no family is the same, no family’s estate plan is the same. With a deep understanding of the law and the tax-related complexities of her field, Sona works to personalize your family’s plan.

Contact

Learn more about Sona A. Tatiyants’s legal services on her website, call her at 818.956.9200 , email her at @info@tatiyantslaw.com, tweet with her @SonaTatiyants and/or follow her on Facebook!

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kimberly signature piertopeer How A Revocable Trust Can Protect Your Children
About Kimberly

Kimberly is so grateful to be living in the sunny South Bay with her loving husband and 2 fun-loving children! She enjoys spending time with friends and family, entertaining, reading, crafting, playing at the beach, traveling, fashion, beauty, steaming hot soy lattes and good wine!

Comments

  1. The concerns raised in this article about protecting children who are not ready to receive an inheritance at 18 are perfectly valid. However, a revocable living trust is not the only way to address such concerns. Establishing a revocable living trust by a parent requires the parent, during his or her lifetime, to retitle all assets that are to be included in the plan into the name of the trust.

    An alternative is to create in the will a testamentary trust. A testamentary trust can provide the same protections for children such as delaying until a more mature age when the inheritance is paid out. However, there is no need for the parent to transfer assets to the trust during his or her lifetime. Instead, the assets are transferred to the trust by the executor as part of the estate administration process.

    In my estate planning practice in Pennsylvania, it is far more common for my clients to opt for a testamentary trust than a revocable living trust.