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Guidelines for Leaving Grandchildren an Inheritance



#Estateplanning often involves transferring assets to #grandchildren. Determining how to

leave an inheritance or property to your grandchildren is not always a simple process,

because there are multiple issues that must be considered.


Common questions include what happens if a grandchild dies before you, whether or not

stepchildren should be included, and making provision for unborn grandchildren. You

may also need to determine how you will balance what you leave for a child with a large

number of children and a child who is childless. Unless you have good reason not to, it

also is advisable to include your children in your estate planning, as well as your

grandchildren.


Wills, trusts and retirement plans are the most common vehicles used to transfer assets to

grandchildren, and each has its advantages and disadvantages. For many individuals,

how they choose to transfer assets is driven by tax consequences; for others, the decision

rests largely on whether their grandchildren are adults or minors.


Leaving money to a minor in your will can be complicated and costly. Because a minor

does not have the legal capacity to receive assets, a court must appoint a Conservator to

receive the inheritance as well as an overseer to monitor the Conservator. When the

minor beneficiary turns 18, he or she will receive the assets and be free to use them as

they wish.


Trusts are a great vehicle for transferring wealth to anyone, and can be particularly

beneficial for you and your minor grandchildren. You have more control over what

happens with your money and property than with a will, even after your death. When

setting up a trust, you can appoint a reliable trustee and state how you want your assets to

be managed and the circumstances under which they can be distributed. You can also

determine the age at which your grandchildren can take control of the money as either co-

trustees or full owners.


Creating a trust to leave an inheritance to a minor or young adult also keeps the court out

of the process. Financial assets that have been placed in a trust do not require probate

and therefore will not become a matter of public record.


For many grandparents, the primary motivation for leaving property in trust to

grandchildren is to minimize taxes. Before choosing this direction, it is important to seek

the advice of an experienced financial professional to make sure you understand the tax

rules and regulations.


For example, many individuals do not pay federal estate tax because it is assessed only on

estates upward of $11.4 million for individuals or $22.8 million for married couples.

However, those with such a substantial estate cannot avoid estate taxes by leaving their

money to their grandchildren because the grandchildren may be subject to the Generation

Skipping Tax (GST).


The GST applies a second layer of tax, in addition to estate and gift taxes, to trusts that go

from grandparent to grandchild. Under the 2018 Tax Cuts and Jobs Act, the GST

exemption is the same amount as the estate exemption. Alternatively, you may want to

consider giving money to your grandchildren while you are alive and take advantage of

the provision that you can give $15,000 per year to each grandchild without paying a gift

tax (lifetime gift tax exemption is $11.4 million).


Retirement plans offer another option for passing along your assets to your

grandchildren, but they are also governed by strict regulations. For instance, with an

IRA, if you are married you may need written consent from your spouse to designate

your grandchildren beneficiaries. Since only the spouse of the deceased has the option of

rolling retirement plan assets into their own IRAs, your grandchildren would generally be

required to begin taking required minimum distributions (RMDs) soon after your death

and pay the associated income taxes.


In addition, your retirement plan assets will be included in the federally taxable value of

your estate, resulting in estate tax liability when you pass away. The rules for 401(k)s

and other qualified retirement plans are similar to those for IRAs.


Wills and trusts are complicated and constantly changing. Working with an experienced

estate attorney will help you determine how best to leave an inheritance to your

grandchildren. Feel free to contact our office at 973-509-8500 x213

or LFarber@LFarberLaw.com.


The contents of this writing are intended for general information purposes only and

should not be construed as legal advice or opinion in any specific facts or circumstances.

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973-509-8500 

33 Plymouth Street, Suite 204

Montclair, NJ 07042

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Leslie Farber Law, New Jersey lawyer, attorney

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