Timing is Always Important
What age do you want your children to be able to gain access to their inheritance?
Timing is always important when you're dealing with minor children who are named as beneficiaries in your estate. You want to be sure that you know what age you would want for your children to gain access to any inheritance. While we generally know that the age of majority is 18, do you really feel that 18 is an age of sufficient maturity to manage $500,000 of assets? At 18, I probably would have bought a Maserati or squandered a substantial amount of money in some other manner. At 25, however, when I'm just finishing up with college or post-college work or perhaps maybe pursuing an advanced degree I might be much better equipped to responsibly handle that same $500,000.
These considerations are why when I have this discussion with clients facing the choice most choose the age of 25 instead of 18 or even 21. Generally, at age 25, you have a different maturity level than you do at 18, and even at 21. You want to make sure that that money isn't wasted or used improperly when access is allowed. So again, after you're identifying who, when, where, and you're making your choice, one of the choices is what age, or when, will the children be able to gain access to their inheritance.
Even after making the decision, however, don’t be afraid to change it. A last will and testament is an effective tool that isn’t legally effective until death, which means that you can change it as many times as you want in your lifetime. It provides a certain flexibility that allows you, almost in real time, in certain situations, to make sure that your wishes are taken care of. Perhaps when considering the issue of timing as it relates to any substantial distributions you will find you may want to adjust your will.
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