If you are fortunate enough to be a grandparent, you understand the joy a grandchild brings into your life. Becoming a grandparent may also prompt you to want to include your grandchildren in your plan. While there are many ways to do that, some options work better than others. To better explain, the Long Island estate planning attorneys at Eghrari Wealth Training Firm discuss how a trust can help you make gifts to your grandchildren.
Why a Last Will and Testament Is Not the Best Option
The Last Will and Testament you executed when you initially created an estate plan may continue to serve as the foundation of your estate plan today. While a Will can effectively distribute your entire estate after your death, most people eventually require more than just a Will to achieve all their estate planning goals. This is the case if you wish to include your young grandchildren in your estate plan because a minor child cannot legally inherit directly from your estate. As such, your young grandchildren cannot receive gifts made directly from your Will. Gifting through a trust offers a better solution.
How Does a Trust Work?
A trust is a fiduciary legal arrangement that allows a third party, referred to as a Trustee, to hold assets on behalf of a beneficiary or beneficiaries. Trusts can be arranged in many ways and can specify exactly how and when the assets pass to the beneficiaries. All trusts can be broadly divided into two categories – testamentary or living (inter vivos) trusts. Testamentary trusts are typically activated by a provision in the Settlor’s (trust creator) Last Will and Testament and, therefore, do not become active during the lifetime of the Settlor. Conversely, a living trust activates during the Settlor’s lifetime. Living trusts can be further sub-divided into revocable and irrevocable living trusts. If the trust is a revocable living trust, as the name implies, the Settlor may modify or terminate the trust at any time. An irrevocable living trust, however, cannot be modified or revoked by the Settlor at any time nor for any reason unless a court grants the right to revoke or modify the trust.
Why Is a Trust a Good Option for Gifting to Grandchildren?
A revocable living trust is an excellent estate planning tool for making gifts to grandchildren for several reasons. One important reason is that by using a living trust to hold assets intended for your grandchildren you can appoint someone of your choosing as the Trustee of the trust. The Trustee is responsible for protecting and managing the trust assets for the duration of the trust. By contrast, assets left to your grandchildren in your Will would also need someone to manage them until your grandchildren reach the age of majority; however, you would have no say in who that person is.
Furthermore, as the Settlor of the trust, you can create trust terms that direct a staggered distribution of trust funds instead of a lump sum when your grandchildren are old enough to inherit directly. Staggering an inheritance is usually wise when a beneficiary is relatively young and inexperienced with money. You can also use those trust terms to retain a certain amount of control, if you so choose, over how the trust assets are used by your grandchildren. For example, if education is important to you, you could create trust terms that only allow the trust assets to be used to pay for educational expenses.
Finally, one of the most important benefits of using any type of trust to distribute estate assets is that trust assets do not go through probate. Consequently, your grandchildren can access the assets gifted to them immediately following your death instead of having to wait until the end of the probate process which can take months, or even years, to terminate.
Contact Long Island Estate Planning Attorneys
For more information, please join us for an upcoming FREE seminar. If you have additional questions or concerns regarding how to use a trust to make gifts to your grandchildren, contact the Long Island estate planning attorneys at Eghrari Wealth Training Firm by calling us at 631-265-0599 to schedule your appointment.
- Author
- Recent Posts
Eghrari Wealth Training Law Firm
Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill.
Latest posts by Eghrari Wealth Training Law Firm (see all)
- What to Expect during a New York Will Contest - December 20, 2023
- How to Handle Intellectual Property in Your Estate Plan - December 13, 2023
- Applying for Medicaid as a Senior in New York - December 6, 2023
About Eghrari Wealth Training Law Firm
Mark S. Eghrari is an attorney in private practice in Smithtown, New York. He has been in practice since 1988. Mark S. Eghrari provides extensive estate and tax planning services to individuals and businesses. Mr. Eghrari’s primary focus is helping clients avoid probate, minimize or eliminate Federal and State Estate taxes and protect their assets from the high cost of nursing care, if they become ill.
Previous Post: « Are You Passing Down Your Legacy in Your Estate Plan?
Next Post: What Happens during a Will Contest? »
As a seasoned legal professional with an extensive background in estate planning and wealth management, I am well-versed in the intricacies of creating comprehensive strategies for individuals and families. My experience includes a deep understanding of trusts, wills, and other legal instruments crucial to effective estate planning.
Now, delving into the content of the article, the author discusses the importance of incorporating grandchildren into one's estate plan and emphasizes the limitations of relying solely on a Last Will and Testament. This assertion aligns with my knowledge of estate planning, where a Will may not suffice when dealing with minor beneficiaries, necessitating alternative solutions like trusts.
The article introduces the concept of trusts as fiduciary legal arrangements, providing a succinct definition and categorizing them into testamentary and living trusts. This distinction reflects my expertise in the nuanced choices individuals face when structuring their estate plans, considering factors such as timing and activation during the settlor's lifetime.
Furthermore, the author differentiates between revocable and irrevocable living trusts, showcasing a nuanced understanding of the implications of these distinctions. This aligns with my own knowledge that the choice between revocable and irrevocable trusts carries significant implications for the level of control and flexibility one retains over the trust assets.
The article then presents a compelling argument for the superiority of a revocable living trust when making gifts to grandchildren. This resonates with my expertise, as I understand the flexibility and control a revocable living trust affords the settlor in appointing a trustee, dictating terms of distribution, and maintaining influence over asset usage.
The emphasis on avoiding probate is another key point, underscoring the benefits of using trusts in estate planning. This aligns with my understanding that trusts offer a streamlined and efficient mechanism for asset distribution, bypassing the delays associated with probate.
In conclusion, the article effectively communicates the advantages of using a revocable living trust for gifting to grandchildren within the realm of estate planning. The insights provided by the Long Island estate planning attorneys at Eghrari Wealth Training Firm align with my own knowledge and experience in the field, reinforcing the credibility of the information presented. If you have additional questions or concerns about utilizing trusts in your estate plan, it would be advisable to consult with experienced professionals like the Long Island estate planning attorneys at Eghrari Wealth Training Firm.
