Why Parents Often Use Testamentary Trusts for Minor Children

Parents frequently use testamentary trusts to ensure that their children’s inheritance is protected and responsibly managed if something happens to them. Without a trust, assets left directly to a minor child may require court involvement and may eventually be distributed outright once the child reaches legal adulthood. Many parents are uncomfortable with the idea of a young adult suddenly receiving unrestricted access to substantial assets.

A testamentary trust allows parents to appoint a trustee to manage assets for the benefit of the child according to instructions set forth in the will. The trust can provide for education expenses, medical care, housing, and general support while delaying larger distributions until the child reaches a more mature age. Parents may also structure distributions over time rather than all at once.

In addition to financial management, testamentary trusts can provide important long-term protections. Properly drafted trusts may help protect a child’s inheritance from creditors, lawsuits, or issues arising from divorce later in life. For many families, testamentary trusts offer peace of mind and a practical way to protect children financially after a parent’s death.



Johnston Burkhardt is an attorney at Sternberg, Naccari & White, LLC with experience in trusts and estate planning for families. He regularly assists families in structuring trusts to protect long-term financial security and protection. To learn more about trusts and estate planning or to schedule a consultation, contact Johnston at (504) 324-2141 or johnston@snw.law.