Why Every Parent Should Consider a Minor’s Trust
If you have children under the age of 18, one of the most important—and often overlooked—estate-planning tools is a Minor’s Trust. Many parents assume that simply naming their child as a beneficiary in a will or life-insurance policy is enough. In reality, doing so without a trust can create serious legal, financial, and practical problems at exactly the worst time.
A Minor’s Trust allows you to control how, when, and under what conditions assets are managed and distributed for your child’s benefit. It is not just for wealthy families—it is a core protection for any parent who wants to make sure their children are properly cared for if something unexpected happens.
The Problem with Leaving Assets Directly to a Minor
Under Florida law (and the law of most states), a minor cannot legally receive or manage inherited assets outright. If a child is named directly as a beneficiary and receives more than a modest amount, the court will typically require a guardianship of the property.
Guardianships are:
Court-supervised
Public
Expensive
Time-consuming
They often require annual accountings, judicial approval for expenditures, and ongoing legal oversight until the child turns 18. This is rarely what parents intend—and it can significantly reduce the value of the inheritance due to legal and administrative costs.
Even worse, once the child reaches age 18, the guardianship ends and the child receives the remaining assets outright, regardless of maturity or financial readiness.
What a Minor’s Trust Does Instead
A properly drafted Minor’s Trust avoids guardianship altogether and gives parents flexibility and control. With a Minor’s Trust, you can:
Appoint a trustee you trust to manage assets responsibly
Specify how funds may be used (health, education, maintenance, support)
Delay distributions until your child reaches a more appropriate age
Provide structured distributions over time instead of a lump sum
Protect assets from misuse, creditors, or bad financial decisions
Instead of an 18-year-old inheriting a large sum overnight, the trustee manages the assets for the child’s benefit according to rules you set in advance.
You Control the Timeline
One of the most powerful features of a Minor’s Trust is that you decide when your child gains control. Some parents choose:
Full distribution at age 21 or 25
Staggered distributions (e.g., one-third at 25, 30, and 35)
Trustee discretion until the child demonstrates financial maturity
There is no one-size-fits-all answer—your trust can be customized based on your child, your values, and your concerns.
Built-In Protection for Special Circumstances
Minor’s Trusts are especially important when a child has:
Special needs or a disability
Ongoing medical or therapeutic expenses
Eligibility for needs-based government benefits
In those situations, a Minor’s Trust can be structured to work alongside public benefits rather than accidentally disqualifying the child from assistance. Even when special needs are not currently known, careful drafting can preserve flexibility for the future.
Choosing the Right Trustee Matters
A Minor’s Trust is only as effective as the trustee administering it. Parents often choose:
A trusted family member
A close friend
A professional or corporate trustee
The right choice depends on the complexity of the trust, the size of the assets, and family dynamics. A well-drafted trust will also include safeguards, accounting requirements, and successor trustees to ensure continuity if circumstances change.
A Minor’s Trust Is Not Just for “Later”
Many parents think estate planning is something to handle once they are older or wealthier. The truth is that any parent with minor children needs a plan in place now. A Minor’s Trust ensures that if the unthinkable happens, your child’s inheritance is protected, managed responsibly, and used exactly as you intended.
Final Thoughts
A Minor’s Trust is not about pessimism—it’s about preparation. It replaces court involvement with clarity, replaces uncertainty with structure, and replaces rushed decisions with thoughtful planning.
If you have minor children and do not yet have a Minor’s Trust in place, or if your existing documents are outdated, now is the time to review your plan. A properly designed trust can provide peace of mind today—and meaningful protection for your children tomorrow.