There are different ways to transfer assets to the various people that are on your inheritance list, and there is some type of solution to address any objective. With this in mind, we will look at estate planning for minor children in this post.
Testamentary Trust
A testamentary trust can be simply defined as a trust that is contained within a will. It will not go into effect until you pass away, so you can change the terms or remove it from your will at any time if things change.
You could use this type of trust to provide for a minor child if you were to pass away before the child reaches the age of majority. If you are a relatively young parent and you do not have a significant store resources that could be conveyed into the trust, there is another option.
Term life insurance is affordable because it has no cash value. It would serve as an emergency income replacement vehicle if the unthinkable was to take place.
You could make the child the beneficiary of the testamentary trust and name the prospective trustee as the beneficiary of the life insurance policy. In the event of your death, the insurance proceeds would be used to fund the trust.
UGMA and UTMA Accounts
The Uniform Gifts to Minors Act (UGMA) originally emerged in 1956, and it was reworked in 1966. It allowed for the creation of custodial accounts for minors that could contain stocks, bonds, mutual funds, and other securitized instruments.
In 1986, the Uniform Transfers to Minors Act (UTMA) was adopted, and it essentially mirrors the UGMA with one big difference. A UTMA account can hold the same instruments, but it can also contain real estate and other types of tangible physical property.
A custodian administers the account on behalf of the child beneficiary until the child reaches the age of majority. The earnings are subject to taxation, but they are taxed at the child’s tax rate up to a point.
There is no tax on the first $1050 in earnings, and the second $1050 would be taxed at the child’s tax rate. Earnings that exceed $2100 a year are taxed at the parents’ tax rate.
One of the child reaches the age of majority, the assets can be used for college tuition, but they can actually be used for any purpose. When it comes to college, the assets would be looked upon as the property of the student for student aid purposes, and this is less than ideal.
529 Accounts
If you are going to set aside money for a minor, and it is definitely going to be used for education, you would be better off with a 529 account. The earnings would accumulate tax-free, and distributions that are used to cover approved educational expenses may be tax-free as well.
You can change the beneficiary if you have a 529 account, and it should be noted that you can take withdrawals for any reason. However, if distributions that are not used for qualified education expenses are taken, there is a 10 percent penalty, and they would be taxable.
For student aid purposes, the assets belong to the parent. This is a major advantage over the custodial accounts if the resources will be used to cover education expenses.
Attend a Free Webinar!
We have been conducting webinars that cover the most important estate planning topics, and S.J. Khalsa has also been sharing information about nursing home asset protection.
These sessions have been very well received, and you don’t have to go anywhere to join us, so this is a great way to invest a little bit of spare time.
You can see the dates if you visit our webinar page, and when the identify the one that works for you, follow the instructions to register.
Need Help Now?
If you already know that it is time for you to work with a New York City estate planning attorney to put a plan in place, we are here to help.
You can schedule a consultation appointment if you call us at 212-973-0100. There is also a contact form on this site you can use to send us a message, and if you reach out electronically, you will receive a prompt response.
While he was in law school, he worked as an aide to the late John Sparkman, Senior Senator from Alabama. This gave him the opportunity to gain intimate knowledge of the workings of government, and this background has served him well.
He started his private practice in New York in 1974, the first Sikh to be admitted to the bar in the state of New York.And in 1995, when he narrowed his legal focus to the areas of estate planning and elder law, the prestigious American Academy of Estate Planning Attorneys accepted him into their membership.
Special needs planning is an important aspect of the field, and Mr. Khalsa has intertwined his empathy with his expertise to become a leading advocate in this area. Shortly after the Education for All Handicapped Children Act was enacted in 1975, he won the first case in New York that was adjudicated under this law.
S.J. Khalsa has a penchant for philanthropy, and he has raised well over $20 million for charities nationwide. He is a deeply spiritual man who represents the Sikh religion at religious and interfaith gatherings all over the globe.
He believes that successful professionals should contribute to the fabric of their communities, and to this end, he works with law enforcement in New York.
Mr. Khalsa is a graduate of the FBI Citizens Academy program, and he is active in their Alumni Association. He is a member of the FBI/New York Police Department Joint Task Forces on Civil Rights and Hate Crimes, and he sits on the Community Engagement Council that advises the FBI Assistant Director for New York.
He is the author of the highly acclaimed book, Estate Planning Essentials: A Guidebook for Modern Families. Lawyers of Distinction recognized him for his excellence in 2020, naming him a 2020 Power Lawyer, and he is a member of the prestigious American Academy of Estate Planning Attorneys.
Mr. Khalsa lives in Manhattan with his wife, and he has two grown children and four grandchildren. He likes to travel, and he is an avid golfer. As the co-owner of Kundalini Yoga East in New York along with his wife, he instructs practitioners and aspiring yoga teachers.
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