• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Who We Are
    • Meet Our Team
    • Community Engagement
    • Our Commitment to Equity and Inclusion
  • What We Do
    • Estate Planning
    • Revocable Living Trusts
    • Wills
    • Special Needs Planning
    • Powers of Attorney and Healthcare Documents
    • Medicaid
    • Trust Administration
    • Probate
    • Long-Term Care Insurance Appeals
    • Advanced Estate Planning
      • Business Succession Planning
      • Chapel Hill Charitable Giving
      • Estate and Gift Tax Figures
      • Family Foundation
      • Family Limited Partnerships
      • Grantor Retained Annuity Trust
      • Irrevocable Life Insurance Trust
  • Why We Do It
    • A Message From Mark Costley
  • Events
  • Resources
    • Webinar on Estate Planning
    • Estate Planning Blog
    • Video Library
    • Estate Planning Resources
      • Estate Planning Articles
      • Frequently Asked Questions
      • Glossary
      • Estate Plan Checkup
      • Estate Planning Reports
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Techniques
    • Probate Resources
      • Probate FAQs
      • Probate Articles
      • Orange County
      • Wake County
    • Caregiving Resources
      • Caregiving Articles
      • Crisis Preparedness for NC Caregivers
      • Caregiving Worksheets
      • The Ultimate Caregivers Guide
    • Elder Law Resources
      • Elder Law FAQs
      • Elder Law Articles
      • Elder Law Reports
    • Special Needs Planning Resources
      • Special Needs Community Partners
      • ABLE Accounts FAQ
      • Special Needs Planning FAQs
      • Special Needs Planning Articles
    • Pre Consultation Form
    • Wills and Trusts Relocation Toolkit
  • Contact
    • Contact Us
    • Consultation

Clarity Legal Group

Estate Planning Made Clear

Call us today for help!

919-484-0012
Schedule Consultation
Our Process & Pledge
  • Who We Are
    • Meet Our Team
    • Community Engagement
    • Our Commitment to Equity and Inclusion
  • What We Do
    • Estate Planning
    • Revocable Living Trusts
    • Wills
    • Special Needs Planning
    • Powers of Attorney and Healthcare Documents
    • Medicaid
    • Trust Administration
    • Probate
    • Long-Term Care Insurance Appeals
    • Advanced Estate Planning
      • Business Succession Planning
      • Chapel Hill Charitable Giving
      • Estate and Gift Tax Figures
      • Family Foundation
      • Family Limited Partnerships
      • Grantor Retained Annuity Trust
      • Irrevocable Life Insurance Trust
  • Why We Do It
    • A Message From Mark Costley
  • Events
  • Resources
    • Webinar on Estate Planning
    • Estate Planning Blog
    • Video Library
    • Estate Planning Resources
      • Estate Planning Articles
      • Frequently Asked Questions
      • Glossary
      • Estate Plan Checkup
      • Estate Planning Reports
      • Is Your Estate Plan Outdated?
      • Top 10 Estate Planning Techniques
    • Probate Resources
      • Probate FAQs
      • Probate Articles
      • Orange County
      • Wake County
    • Caregiving Resources
      • Caregiving Articles
      • Crisis Preparedness for NC Caregivers
      • Caregiving Worksheets
      • The Ultimate Caregivers Guide
    • Elder Law Resources
      • Elder Law FAQs
      • Elder Law Articles
      • Elder Law Reports
    • Special Needs Planning Resources
      • Special Needs Community Partners
      • ABLE Accounts FAQ
      • Special Needs Planning FAQs
      • Special Needs Planning Articles
    • Pre Consultation Form
    • Wills and Trusts Relocation Toolkit
  • Contact
    • Contact Us
    • Consultation
Home » Why a Trust Makes Sense – Even If Your Child Is Not a Child

Why a Trust Makes Sense – Even If Your Child Is Not a Child

Compliments of Our Law Firm,
By: The American Academy of Estate Planning Attorneys

Parents of adult children often don’t give much thought to the manner in which their children receive their inheritances. They decide how to divide their assets and then distribute their estates directly to their children – end of story.

If you want to make sure your children enjoy flexibility in accessing and using their inheritances while minimizing the impact of taxes, divorce, lawsuits, and other threats, it might be better to leave their inheritances in a Trust.

Flexibility and Control

For an adult child who is financially savvy and responsible, a Trust can be drafted to provide a great deal of flexibility. Your child can serve as his own Trustee, and he can have the power to access the Trust property, invest and re-invest it, and distribute it to himself for purposes of health, education, maintenance, and support. He would also have the option to retain property in the Trust and do things with it, like buy a home to live in or start and operate a business.

Divorce and Child Support

Your child’s ability to retain property in the Trust is important, because as long as assets are owned by a properly-structured Trust, they are protected. For instance, in most states, assets in such a Trust would not be considered marital property and would not be subject to division if your child got divorced. This would mean your child could keep his inheritance, rather than his ex-spouse walking away with a portion – or even all – of it. Similarly, in some states, inherited Trust assets can be protected from claims for alimony or child support.

Creditors and Lawsuits

Another advantage of leaving your child’s inheritance in a Trust is that the provisions can be drafted in such a manner that the Trust will shield the property from creditors. Obviously, this would be an effective strategy if your child has trouble managing his money. However, it might be wise even if your child is financially responsible. For example, if he’s involved in a car accident and the other driver files a lawsuit against him, the assets in his Trust could be protected from any judgment awarded in the case.

It’s important to remember that state laws vary, and the degree of creditor protection might depend on the precise way in which the Trust is set up.

Taxes

A Trust also can keep assets out of your child’s own taxable estate for estate tax purposes, and it can offer him a great deal of flexibility when it comes to income tax planning. This way, the inheritance you leave your child will not compound his own estate tax concerns.

Extra Protection

If your child does not have much financial experience, has not yet reached adulthood, or otherwise needs additional oversight, a Trust can be structured to give him extra protection and guidance. You can name a third-party Trustee and place additional restrictions on your child’s access to his inheritance.

An experienced estate planning attorney can help you evaluate your family’s needs and create a Trust which strikes the perfect balance between flexibility and security.

Date: January 31, 2012

Clarity Legal Group

Free Estate planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.

  • This field is for validation purposes and should be left unchanged.

Attend a No-Cost Estate Planning Event

Register for one of our no-cost in-person seminars or our webinar to learn about wills vs trusts, how to avoid leaving a mess for your loved ones, and how to bypass expensive mistakes.

Follow Us

  • x logo

Map

clarity_sidbr_map

Clarity Legal Group is conveniently located in the heart of the Triangle, based in Chapel Hill and proudly serving the state of North Carolina including Durham, Cary, Apex, Pittsboro, Hillsborough, Holly Springs, and Raleigh.

  • About The American Academy
  • Disclaimer
  • Diversity and Inclusion at Clarity Legal Group®
  • Sitemap
  • Privacy Policy
  • © 2026 American Academy of Estate Planning Attorneys.
    All Rights Reserved.
    Attorney Advertisement
  • Clarity Legal Group footer logo

    Clarity Legal Group is a registered Trademark and trade name for The Mark Costley Law Group, PLLC

    • x logo

    • Read Our 5-Star Client Reviews

"AV® , AV Preeminent® , Martindale-Hubbell DistinguishedSM and Martindale-Hubbell NotableSM are Certification Marks used under license in accordance with the Martindale-Hubbell® certification procedures, standards and policies."

x

The Ultimate Caregiver Guide!

  • This field is for validation purposes and should be left unchanged.