Call Today for a Consultation
Toll Free: 800-495-9153
Local: 321-426-1848

How to leave assets to children who are still minors

There are numerous considerations for you to make regarding your estate plan. While many people craft a will or trust to pay the least amount in taxes, it is also vital to structure the plan in such a way that it will not lead to conflict within the family. 

Unfortunately, many people end up making mistakes in their estate plans. This matter becomes much more complicated when a person passes away with children who are still younger than 18. To prepare for anything, it is vital to create a will in such a way your children will receive the full amount of their inheritance according to your wishes. 

Do not appoint a court guardianship

Everyone should have a guardian in place to watch their children. This should be a trusted loved one you know is capable of raising your children in the event both you and the child's other parent pass away. You do not want the court to appoint a guardian. 

This process is lengthy and expensive, and any costs related to appointing the guardian will come out of your kids' inheritances. Instead, the proper way to keep your kids safe is to use a protective testamentary trust. This allows you to appoint someone to oversee the inheritance, and you can decide when exactly the children will receive the money. 

Do not leave assets using a simple will

When you still have minor children, you want more than a simple will in place. With this, your kids will receive the full amount of their inheritance as soon as they turn 18. You may have other wishes. 

Many parents want to place conditions on an inheritance so that the kids do not receive a massive lump sum as soon as they are 18. All parents should want their children to excel in school and pursue a worthwhile career. However, children who know they will get a lot of money by simply turning 18 may not achieve as much. 

No Comments

Leave a comment
Comment Information

Consult Our Florida Lawyer for Veterans Aid & Attendance

Feel free to contact us and schedule an initial consultation where we can review your circumstances in an intimate setting and discuss how our Brevard County Elder lawyer can help you. Simply call Amy B. Van Fossen, P.A., locally at 321-426-1848 or toll free at 800-495-9153. We look forward to meeting you.

How Can We Help You?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Visit Our Office

Law Office of Amy B. Van Fossen, P.A.
1696 West Hibiscus Blvd
Suite A
Melbourne, FL 32901

Toll Free: 800-495-9153
Phone: 321-426-1848
Fax: 321-345-5417
Map & Directions

Review Us

We accept

VISA | MasterCard | American Express | Discover Network