The Importance of Estate Planning for New Parents
June 14, 2011
News sources such as the Washington Post entertainment section promise that this summer will be flush with celebrity newborns and proud mamas and papas. Some of the stars expecting additions to their families include Natalie Portman, Kate Hudson, Jennifer Connelly and more. Here at our office we wonder how many of these new parents will remember to update their wills or estate plans after the birth of their child… and how many of our readers have remembered (or will remember, if they are currently expecting a new child or grandchild) to update their own estate plans after an addition to their families.
Every parent knows that the time after the birth of a new baby can be a tired, busy and chaotic transition, and updating their estate plan is probably the last thing on any new parent’s mind. But after the first few months, when things have calmed down and you’ve settled into a routine, updating your estate plan to include and provide for your new little one should take top priority.
Here are a few things new parents will want to consider as they prepare to update their estate plan:
- Guardians for your child. Who are the people who will raise your child if the unthinkable should happen to you and your spouse? Many people choose close family members, others choose trusted friends.
- Keep your child’s inheritance in trust. Settling your entire estate on a 5, 10 or 16 year old is never a good idea. Consider instead creating a trust for your child which will provide for him until he reaches maturity.
- Trustees of your child’s inheritance. Who do you trust to invest and distribute the estate for your child while she is still a minor? Some parents choose to have the guardians also serve as trustees; others prefer to nominate separate trustees and guardians who will work together, providing a natural system of checks and balances.
- Providing for your child’s special needs. If your child has special needs he will need special planning to ensure that his needs continue to be provided for. Ask us (or your own local estate planning attorney) about a special needs trust.
Guardians, trustees, trusts and special needs planning are the very basics of estate planning for families with minor children, and should serve as a jumping off point for further discussion with your estate planner.
The Wall Street Journal: Every Child Deserves a Little Trust
June 4, 2009
If you’ve been weighing the pros and cons of setting up a trust for your young child, wondering if you really have enough assets to warrant such an expense, you must read Stacey L. Bradford’s recent article in the Wall Street Journal entitled “Deciding if Your Kid Is Trust-Worthy”. In her article Bradford explains why every parent should consider a trust for their minor child, even parents with small estates and few significant assets.
You see, legally, non-adult children cannot inherit large sums of money (and if you have a home or a life-insurance policy then you have “large sums of money” to pass on to your child); if a parent dies and leaves this money directly to a minor child the court will step in and appoint a guardian to manage your child’s money for him—and this guardian may not be the trusted friend or relative whom you might have preferred. A trust will prevent your child from having to grow up with the added level of bureaucracy required by such court-appointed guardianship, and allow you more control over how the money is managed and spent.
Bradford goes on to explain the other benefits of creating a trust for your minor child (paying for education, delaying the age at which your child has outright access to the money, reducing taxes, etc.), She also gives helpful tips about how to choose a trustee, “The trustee holds the purse strings, so don’t delegate this job lightly. You need someone who is trustworthy, is good with money and has great attention to detail.”
Bradford’s article is a great introduction to trusts for parents of young children. And if you find this article helpful, you may want to check out the book from whence it came, The Wall Street Journal’s Financial Guidebook for New Parents.
Jinies.com