Trusts are legal entities in which property or funds are placed under the care of a manager, or trustee, who manages the trust’s property for the benefit of another person, such as your minor child. A testamentary trust is one created in your will, rather than during your lifetime. Testamentary trusts are useful if you want to create a trust that only takes effect after your death. You can attach conditions to your trust to govern how and when the money is to be paid to your child.
If your child has not reached legal adulthood -- usually age 18 -- at the time of your death, he cannot inherit your assets outright until he is old enough. But you can include language in your trust that keeps a child from inheriting property even after reaching adulthood. For example, your will could state that a child cannot receive the assets held in trust until she reaches a particular age, such as 25 or 30.
Your testamentary trust should name a trustee as part of the language that creates the trust. The trustee can be an individual or a financial institution such as a bank. The trustee you choose may not accept the appointment, so you may also name an alternate trustee in case your first choice does not work out. If you do not name a trustee to manage your child's inheritance in your will, the court will appoint one. The trustee owes fiduciary duties to your child, meaning he must act in the best interests of the child and the trust, rather than acting in his own interest when managing the trust’s assets.
Uses for Trust Funds
Assets you place in the trust remain there until your child reaches the age of legal adulthood or the age you designated, but you can allow your child to receive some money from the trust even before reaching that age. Frequently, testamentary trusts for minor children instruct the trustee to distribute money to the child or her guardian for the child’s health, education, maintenance and support. Such distributions can provide money for the guardian to use to provide for your child’s care or to pay tuition without giving the child or the guardian total access to the property. Once your child reaches the age set in your will, she inherits all assets remaining in the trust and can do whatever she wishes with those assets.