If your child is still a minor when you die, the court may get involved in handling any assets left to them. See, minors can be named on a title, but they can’t actually conduct any kind of business in their own names. Because of this, if left to a child in the same way one would an adult, the court must step in to protect the child’s interests.
Sometimes parents set up a custodial account for their minor child. But if the amount is of much value at all, court approval might be required.
It’s sometimes best to set up a children’s trust in your will. Then, name someone to manage the inheritance. If you don’t name someone, the court will. This way you can also decide exactly what the child or children will inherit. The trust won’t be allowed to be funded until after the will has been through probate, of course.
You could also set up a revocable living trust. This is generally considered the best way to leave assets to children. With this method, you will select a person to manage the inheritance. This also is a good option, because it is effective even if you only become incapacitates. Plus, these assets are protected from the courts, creditors and irresponsible spending.
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