The best way to ensure that your children are provided for in this instance is to prepare a trust or trusts to manage your assets for them.
A trust would be funded at the death of the second parent pursuant to the instructions contained in your wills. The assets would then be managed according to the terms of the trust, which generally provide for various distributions to support the children’s various needs and for distribution of all of the assets once the children are older. Such a trust also addresses the problem of having minor children own assets outright and of them (or their creditors) having unfettered access to them after they turn 18. The typical asset management trust will provide for final distribution only when the children are significantly older than 18 (e.g., 25 or 30 or even 35).HAVE QUESTIONS ABOUT AN ESTATE PLAN?
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