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Commonly Asked Questions about Wills with Minor Children

Legal guardianship and court appointments. When minors inherit assets from an estate, the role of a court-appointed guardian becomes critical. A legal guardianship ensures the responsible management and protection of these assets until the minor becomes an adult.
The best method for parents to structure a wealth transfer to protect their childs inheritance is via a trust. One efective way to shield your familys wealth whether from things like divorce or from anyone who may try to take advantage of them is through a trust with a corporate trustee to oversee it.
Naming a minor as the beneficiary on your policy is not a good idea because it will delay the payout. Life insurance companies cant pay funds directly to anyone who has not docHubed the age of majority, which is age 18 in every state except Alabama and Nebraska, where its 19, and Mississippi, where its 21.
For example, you might create a family trust which allows you to leave assets to family members. The trust terms can specify that anyone who is not a blood relative can be excluded from receiving assets. Encouraging your child to draft a prenuptial agreement is another option.
The childs inheritance is placed into the guardianship, which will be managed by a court-appointed guardian. Surviving parents can sometimes petition the court to assume control over the guardianship, but they will be required to file regular reports showing that they are managing the guardianships funds responsibly.
When Does a Child Recieve Their Inheritance? If you do not create a will, or you create a will with no age restrictions, there is a good chance your child will receive their full inheritance at the age of 18.
Specifically, instead of writing to my children, use your stepchildrens full names. In addition, make sure your lawyer knows theyre stepchildrennot blood descendants or adoptedand identify what you want each stepchild to receive, whether its a dollar amount, real estate, or grandpas rocking chair.
Typically, an insurer wont simply give your minor child the death benefit when you pass away. Instead, the court will likely need to appoint an adult custodian to manage the funds until the child becomes an adult. Unfortunately, this can be an expensive, time-consuming process.
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