Trust Account for Minor: Everything You Need To Know

Published November 30, 2023

The term “trust fund baby” is commonly linked with a black mark. It brings up photos s of privileged children who grew up having access to every material possession money can bring. It may be true in some cases. Yet, it is far from the norm when talking about trust accounts for minors.

Most people would be surprised at how many trust accounts have been created for children. And it has nothing to do with giving excessive cash so the young person can spend it buying whatever they want. Instead, it is established so that if the parents are not around to provide, the child has a source of income and assets. It is so they can survive soundly.

A minor’s trust also allows you to give your children the gift of financial security. And it is without worrying about taxes.

In this article, we’ll have a rich discussion about trust accounts for minors. We’ll tackle what it is, how it works, its different types, and the benefits it brings. We’ll also dive into how to create one and the common mistakes that may occur in the process of it. Let’s waste no more time and get started.

Trust Account for Minor

In essence, a trust is simply an estate planning measure you can leverage to support your family and hold assets on behalf of a beneficiary. In the instance of a minor trust, the grantee would be your child. It is who will receive the funds from the trust based on the terms agreed upon in the document.

A minor trust is a trust account crafted for a minor child. The funds here are used to provide for the child’s needs.

It’s vital to consider that establishing trust for your minor child can help safeguard them from wasting away an inheritance. When the funds are settled in a trust, they can be utilized for specific purposes. For one, education or medical expenses. It helps for your child to make the most of their inheritance.

How a Minor’s Trust Works

Trust for minors safeguards the assets and property of the holder until they can be financially independent. The trustee will safely keep for the property and assets until such a time when the child attains an age of majority.

As soon as the minor child comes of age, the beneficiary will acquire a notice for the availability of the assets in the trust. The recipient has up to 60 days to claim them.

The funds will remain in the trust if the beneficiary fails to declare the assets within the 60-day window. During this period, they will not be in the beneficiary’s management. The heir may not regain access for a defined period. Typically, it goes by 5-10 years.

What Are the Different Types of Minor Trusts?

1. 2503(c) Minor’s Trust

It is named after the section of the Internal Revenue Code that defines it. A 2503(c) trust permits parents or grandparents to gift assets to minors while taking advantage of the annual gift tax exclusion. The assets in the trust must be transferred to the beneficiary when they reach 21 years of age.

2. Uniform Transfers to Minors Act (UTMA) or Uniform Gifts to Minors Act (UGMA) Accounts

These are custodial accounts. They allow adults to make gifts of assets to a minor without setting up a formal trust. The custodian facilitates the investments on behalf of the minor until reaching the age of majority. It can be 18 or 21, anchoring on state law.

3. Special needs trusts

Creating a special needs trust for your child with a disability can be an excellent means to support them in protecting their assets. It is all while still being eligible for government benefits. It can cover a percentage of your child’s financial needs that are not enfolded by payments for public assistance.

Proceeds acquired from a trust of this kind are often used for medical costs. It can also serve in caretaker expenses, transportation, and other allowable expenditures.

4. 529 plans

A 529 plan is a tax-advantaged savings account that can be leveraged for qualified education expenses. These are tuition, fees, books, and room and board. It is an excellent type of trust account for parents wanting to save for college. Yet it’s critical to know that 529 plans are only entitled to federal financial aid for education grounds if the account’s fund is less than 5% of the student’s total cost of attendance.

The fund is here grows tax deferred. The withdrawals are also tax-free so long they are used for qualified expenses. States or educational institutions sponsor 529 plans. There’s also no limit on how much you can contribute. But, state tax benefits may be accessible if you provide capital for a plan from your resident state.

5. Children’s trusts

Children’s trusts are another kind of tax-advantaged account that can be employed for a variety of purposes. And this includes education costs. With trust, you can define how and when the money in the account can be used. For one, you could create the trust so that withdrawals can only be made for tuition expenses once the child reaches age 18.

6. Testamentary Trust

This is a trust crafted through a will upon the individual’s death. The funds are facilitated for the benefit of the minor upon reaching a specified age.

7. Revocable living trust

This kind of trust is established during the lifetime of the grantor. It can be altered, changed, modified, or revoked entirely. It often becomes irrevocable when the grantor dies. Assets can be left to a minor, to be distributed according to the terms set by the grantor.

8. Spendthrift trust

This kind of trust is designed to protect the trust assets from the beneficiary’s creditors. Also, from the beneficiaries themselves if they’re not good at managing money.

The Benefits of a Minor’s Trust

A minor’s trust account aims to give a child a gift, avoiding federal gift taxes. It is also known as a “gift tax exemption.” The federal gift exemption is $15,000 annually for each recipient’s gift. Anything over $15,000 must be reported to the IRS. The youth does not have immediate admittance to the trust. Yet, the gift tax exemption still appeals to this case.

For the trust to qualify for tax exemption, the following requirements must be met:

• The minor is the only defined beneficiary of the trust
• The assets and income of the trust account are moved to the recipient once the child reaches the age of 21
• The minor has the right to distribute assets if they pass away prior to reaching 21 years of age.

How to Create a Trust for a Minor Child

1. Specify the purpose of the trust.

The rule is the primary reason for establishing trust. Answer what you hope that it will accomplish.

2. Choose which type of trust.

Many different types of trusts are effective at facilitating a variety of financial concerns. They generally fall under the categories of revocable or irrevocable. This decision determines whether or not you can withdraw assets once they’ve funded the trust.

3. Decide who will manage the trust.

The creator of the trust often manages the trust during their lifetime. But who will do it once you pass away? It’s wise to name alternate trustees in case your first choice declines or passes away before you do.

4. Select assets that will fund the trust.

Depending on your goals and financial situation, you may not put all your assets into one trust. Some investors have multiple trusts. It will anchor how they intend to use their assets.

5. Create the trust documents.

When creating the trust documents, consider specific provisions you want to govern when and how your estate is allocated. For example, you may release amounts at ages. You can also free it in life milestones such as marriage, pregnancy, or earning a degree.

6. Legally create the trust.

Once the trust documents have been created, you’ll formalize the document by signing it. It is also good to have appropriate witnesses. Having a third-party notary verify signatures is often helpful.

7. Transfer assets into the trust.

The trust is not complete until the appropriate assets are transferred into the trust. Usually, this is a simple title change at the bank or investment company.

5 Common Errors When Creating a Trust Fund for Your Child

1. Choosing the wrong trustee

Picking a trustee doesn’t sound too hard to do. You think your children will fit the role since they have a great relationship with your brother or sister. Even if these family members agree to take on it, it may not be in their best interest to have financial control over your children’s assets. It is especially true if the trust is set to turn over complete management to the child at age 25, and the inheritor has to be the bad guy and not permit your children have access at age 23.

A better substitute to a family member is to allow the bank to act as a trustee. Let the bank and a sibling act as co-trustees to maintain that personal touch.

2. Setting the wrong goals

Most young adults are not responsible for money. Even though your children become adults at the age of 18, it is likely not in their best interest to acquire full control over the money at that age.

When setting up the trust, you get to rule out what the money can be used for before the age of maturity. It may be for hospital bills, education, and weddings, to name a few. Anything else, and you can set the trust up so that the money can’t be withdrawn until a certain age is reached.

3. Designated the wrong beneficiary

When you buy your life insurance, you get to decide who the beneficiary is. After establishing your trust, did you change the beneficiary from your children’s name to the trust’s?

Unless specifically appointed, your estate will receive the assets. It is not the trust fund you set up for your children.

4. Not reviewing the trust annually.

When you create the trust fund, you may have to decide on a responsible member to act as a trustee. After ten years, you have forgotten about the designation, but you have witnessed that family member slip into depression, get involved with drugs or alcohol, or have a criminal record. Is that who you still want to be in control of your children’s finances?

You must review the trust yearly to ensure it is still true to your desires. Also, current overall realities.

5. Forgetting about college planning

The most typical trust funds for children are UGMA and UTMA accounts. They are generally effortless administratively. You must add money to them regularly to ensure they are fully funded.

Yet, these accounts must be listed as assets owned by minors when they apply for college financial aid. They may disqualify your child from receiving grants, scholarships, and loans if there is any substance to them.