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Prepare For When Your Special Needs Child Turns 18

Prepare For When Your Special Needs Child Turns 18

When a child with special needs reaches the age of majority, parents often face unexpected challenges. While the child may still depend on them for daily support, the law begins treating them as independent in many areas, including healthcare decisions, legal contracts and access to government benefits. It is important to prepare for when your special needs child turns 18.

Preparing for this transition takes more than just a birthday celebration. Parents need to address guardianship, financial planning and benefit eligibility to ensure that their child is protected and supported.

Legal Decision-Making and Guardianship

At 18, individuals are presumed legally competent to make decisions, regardless of cognitive or developmental limitations. If a child cannot safely manage finances, health care, or other responsibilities, parents must seek legal authority.

Guardianship provides comprehensive decision-making power, whereas alternatives, such as power of attorney or supported decision-making agreements, offer varying levels of autonomy. Families should consider their child’s capabilities and needs before pursuing a legal route.

Each state has different procedures and standards for granting guardianship or its alternatives. Consulting with an attorney ensures that parents choose the most appropriate legal path and comply with local requirements.

Maintaining and Maximizing Government Benefits

Reaching adulthood can also impact eligibility for programs such as Supplemental Security Income (SSI), Medicaid, or vocational rehabilitation services. Many benefits shift to individual eligibility once the child turns 18, meaning that parental income no longer factors into the qualification process.

Families should apply for SSI as early as possible after a child turns 18 to establish eligibility and start receiving monthly support. Medicaid eligibility often follows, unlocking access to medical care and home-based services.

In some cases, parents who are retired, disabled, or deceased can trigger Disabled Adult Child (DAC) benefits through Social Security for their child, which may offer higher monthly support than SSI.

Financial and Long-Term Special Needs Planning Considerations

If parents plan to leave money for a child with disabilities, it’s critical to avoid compromising government benefits. A Special Needs Trust can hold funds, while preserving eligibility for programs like Medicaid or SSI. These trusts enable funds to be used for various purposes, including therapies, education, housing and enrichment.

Families should also make sure that their own estate plans reflect their child’s needs. This might include naming a guardian or trustee, outlining care instructions and avoiding direct inheritance that could disqualify the child from assistance. Work closely with an Elder Law attorney to prepare for when your special needs child turns 18.

Key Takeaways

  • Turning 18 changes legal status: Parents no longer have automatic authority to make decisions unless they pursue guardianship or legal alternatives.
  • Benefit eligibility becomes independent: SSI and Medicaid are based on the child’s income and assets after age 18.
  • Legal planning is essential: Powers of attorney, supported decision-making, or full guardianship may be needed.
  • Special Needs Trusts protect benefits: These tools enable parents to provide financial support without jeopardizing government aid.
  • Estate plans must reflect future care: Naming appropriate trustees, caregivers and legal representatives ensures long-term stability.

If you would like to learn more about special needs planning, please visit our previous posts. 

Reference: Special Needs Alliance (Oct. 18, 2022) “The Top 5 Things to Know When Your Child With Disabilities Turns 18”

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Using Life Insurance to Fund a Trust

Using Life Insurance to Fund a Trust

Using life insurance to fund a trust is a strategy that combines estate planning with asset protection. It can provide liquidity for estate taxes, offer support to beneficiaries and provide control over how and when assets are distributed. When structured properly, this approach helps preserve wealth, while minimizing tax exposure and family conflict.

Why Use a Trust to Hold a Life Insurance Policy?

When a person owns a life insurance policy in their name, the death benefit becomes part of their estate. This can increase the taxable estate and delay access to funds during the probate process. By contrast, placing the policy in an irrevocable life insurance trust (ILIT) removes it from the taxable estate.

In this arrangement, the trust serves as both the policy owner and beneficiary. When the insured dies, the death benefit goes directly into the trust. The trustee can then distribute funds according to instructions in the trust document, whether for paying estate taxes, supporting minor children, or funding a business transition.

Advantages of Using an Irrevocable Life Insurance Trust (ILIT)

An ILIT offers greater control over how the life insurance proceeds are used. The trustee can manage the funds over time, rather than issuing a lump sum payment to the beneficiaries. This is especially useful when the beneficiaries are minors, have disabilities, or are at risk of financial mismanagement.

The proceeds also avoid probate and are generally protected from creditors, depending on the jurisdiction in which they are held. The trust can also contain rules for triggering distributions – for example, funding education, medical expenses, or home purchases – without handing over complete control.

Points to Consider Before Creating a Trust

An ILIT must be irrevocable, meaning you cannot make changes once the trust is funded. It must also be created before applying for the life insurance policy, or the IRS may still consider the policy part of your estate.

Annual premiums paid into the trust may be considered gifts to the trust’s beneficiaries. To avoid gift tax, these payments should be structured carefully, often using what’s known as “Crummey notices” to qualify for the annual gift tax exclusion.

Because of these technical requirements, an experienced estate planning attorney should be involved from the start. Using life insurance to fund a trust can be a wise choice. Life insurance trusts can be powerful tools, but only if set up and managed correctly.

Key Takeaways

  • Life insurance trusts protect estate value: Placing a policy in a trust keeps the death benefit out of the taxable estate and out of probate.
  • ILITs offer control and protection: Trustees can distribute proceeds according to long-term goals rather than in a lump sum.
  • Setup must follow IRS guidelines: To avoid tax consequences, the trust must be properly structured from the beginning.
  • Gifting rules apply to premium payments: Careful planning ensures that premium payments qualify under gift tax exclusions.
  • Legal advice is essential: Trust and tax laws are complex, and mistakes can undermine the benefits of the trust.

If you would like to learn more about the role of life insurance in estate planning, please visit our previous posts.

Reference: J.P. Morgan (Nov 27, 2024) “When Does It Make Sense for a Trust to Own Your Life Insurance Policy?”

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Ensure Your Heirs Have Access To Your Crypto Holdings

Ensure Your Heirs Have Access To Your Crypto Holdings

Cryptocurrency offers a modern way to build and store wealth. However, it presents serious estate planning challenges. Unlike traditional financial assets, crypto holdings are decentralized and password-protected, making them nearly impossible to recover without proper documentation and access to the relevant keys. If your heirs don’t know where your digital wallets are or how to access them, your assets could be lost forever. There are some proven legal ways to ensure your heirs have access to your crypto holdings.

Why Estate Planning for Cryptocurrency Is Essential

Crypto is not held in a centralized institution that your executor can call or visit. Whether stored in a hardware wallet, mobile app, or digital exchange, these assets often require a complex series of credentials, passcodes, or private keys. These layers of security are crucial for protection. However, they also make it easy for the funds to become inaccessible after your death.

Estate planning ensures that someone you trust can locate and access these assets. That means documenting what you own, where it’s stored and how it can be accessed, without creating a security risk during your lifetime.

What You Should Include in Your Estate Plan

You don’t need to list the exact value of each holding, since values fluctuate. However, you should specify each type of cryptocurrency and where it’s stored. This may include cold wallets, online exchanges, or mobile wallets. You should also provide detailed instructions on accessing any necessary private keys or passwords, ideally stored in a secure location separate from the central system.

Designate a knowledgeable fiduciary—someone capable of handling digital assets—and consult an estate planning attorney who understands crypto laws in your state. Traditional executors may lack the technical expertise to manage cryptocurrency securely.

Tools to Protect Digital Assets

Some people store crypto credentials in a fireproof safe or safety deposit box. Others use password management services. You may also consider a digital asset memorandum—an informal letter that complements your will or trust and lists crypto-related information. This document can be updated without changing your formal estate plan, keeping it flexible and secure. These are but a few proven legal steps to ensure your heirs have access to your crypto holdings.

Failing to plan could leave your loved ones unable to claim what’s rightfully theirs.

Key Takeaways

  • Cryptocurrency requires special planning: Unlike bank accounts, crypto is decentralized and harder to recover without advanced documentation.
  • Heirs need specific access instructions: Without private keys or passwords, your digital wealth may be unrecoverable.
  • Designate a tech-savvy fiduciary: Choose someone who understands how to manage and transfer digital assets securely.
  • Store information securely: Use a secure, encrypted storage system or legal tools, such as a digital asset memorandum.
  • Consult a knowledgeable estate lawyer: Crypto adds complexity that demands proper legal and technical guidance.

If you would like to learn more about including digital assets in your estate plan, please visit our previous posts. 

Reference: Investopedia (March 23, 2025) “Estate Planning for Crypto: What Happens When You Die?”

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Using a Disclaimer Trust to Transfer Land

Using a Disclaimer Trust to Transfer Land

A husband dies, with an estate plan presenting two options to his surviving spouse: she can either inherit family farmland outright or disclaim it to a separate trust for her benefit. If she chooses the trust, she will receive income for life, and upon her death, the disclaimer trust will be divided equally among her three children. How to manage this situation is explored in an article from Successful Farming, “Should Land Go Into a Disclaimer Trust or Pass to the Spouse?” There are benefits to using a disclaimer trust to transfer land.

The concern is valid, as only one of the children is farming the land, and he’s concerned about how his siblings will accept the decision. She was told that the trust would be a good option due to its tax advantages. What are her options? There are five key elements to consider:

Estate taxes. In 2025, the federal estate tax exemption is $13.99 million per person. If she disclaims her husband’s portion of the land to the trust, the value won’t count towards her own personal estate. If she keeps the land, she can take advantage of portability for her husband’s exemption under IRS Form 706. Her own estate tax limit will increase to almost $28 million. The ported tax credit will remain flat as the estate’s value grows.

Asset protection. If the land goes into the disclaimer trust, it’s in there for good, and income and principal distribution rules can’t be changed. This is beneficial for protecting assets from creditors, as well as any complications arising from a second marriage or incapacity. However, is it beneficial for the family? If they need protection, the disclaimer trust is the place for the land. However, if they need it to be accessible, it should remain outside of the trust.

Asset control. The trustee is the fiduciary responsible for assets in the disclaimer trust. They can set a rent price and make decisions on capital improvements. Questions need to be clarified regarding requirements in the trust documents. Do these rules work for the family’s best interest, or is it better to have rules as defined in the surviving spouse’s will?

Distribution. Assuming the disclaimer trust ultimately divides the land between the three siblings, it lacks a means of keeping the land together. How will the son continue farming, knowing the land will be divided? Retrofitting a farm succession plan is like trying to move crops from one field to another. They won’t look pretty and may or may not grow.

This scenario is not unlike the situation many small business owners find themselves in when the spouse who has created a business dies and no succession planning has been done. There are benefits to using a disclaimer trust to transfer land. An appointment with an estate planning attorney is crucial for creating a comprehensive plan that encompasses the farm, business and family for both the near and distant future. if you would like to learn more about disclaimer trusts, please visit our previous posts. 

Reference: Successful Farming (June 9, 2025) “Should Land Go Into a Disclaimer Trust or Pass to the Spouse?”

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How Do You Protect Your Child’s Inheritance in a Second Marriage?

How Do You Protect Your Child’s Inheritance in a Second Marriage?

A recent article from MSN, “’I’m 15 years older’: My second wife says she will pass my estate onto my sons. What could go wrong?” presents a question from a man with two adult sons from a prior marriage with $1 million in personal net worth. He’s wondering whether to rely solely on his wife’s verbal assurance to pass his estate to the adult sons if he predeceases her. This begs the question: How do you protect your child’s inheritance in a second marriage?

The sons are successful in their careers and don’t need his money. The man says his wife is one of the most honest people he’s ever met. However, is trust enough?

Estate planning files are filled with broken promises, not because of dishonesty. Circumstances change, and things happen. Having an updated estate plan, including a trust to safeguard assets for children from a prior marriage, is the best way to ensure that their interests are protected.

A large age difference or a large disparity between the spouses’ assets makes it wise to take the extra steps to preserve assets for the next generation. Otherwise, there’s no requirement for the surviving spouse to pass the assets on to the children.

If the surviving spouse remarries, the assets could even end up with children of their surviving spouse.

There are time-tested ways to distribute assets to children from a prior marriage to ensure that the spouse is well cared for and the children are not disinherited. One way to do this is to use a will to divide assets between the surviving spouse and the children.

Another is to leave the home, if it is in your name only, to the surviving spouse as a life estate, so they will be able to live in it for the rest of their life. The house will need to be maintained, and property taxes paid during that time. When the spouse dies, the house can then be left to the children to sell or keep. This can become complicated if the children are in a hurry to sell the home and the surviving spouse has a long life expectancy.

Marital trusts, like a Spousal Lifetime Access Trust or SLAT, are used to leave assets to the surviving spouse, while protecting the children’s inheritance. They can also be used to control how the assets in the trust are used. Funds can be earmarked for college, or if a child requires rehabilitation, the trust can fund it or set a requirement before distributions are made.

Tax benefits using a marital trust are higher than those for a straightforward inheritance, another reason to use a marital trust.

Note, this is not an issue to be resolved with a pre- or post-nuptial agreement. A will goes into effect upon your passing, and a trust becomes active once it is established. A pre- or post-nuptial is a good idea for a second marriage with age and net worth differences. However, this kind of situation requires a will and a trust.

Talk with an experienced estate planning attorney to create an estate plan to protect your child’s inheritance in a second marriage It will take the burden off all of you, since the decisions for asset distribution will be in place, and you can focus on enjoying your life with your new spouse. If you would like to learn more about inheritance planning, please visit our previous posts.

Reference: MSN (May 3, 2025) “’I’m 15 years older’: My second wife says she will pass my estate onto my sons. What could go wrong?”

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Avoid the Survivor’s Tax Penalty After the Death of a Spouse

When one spouse passes away, the surviving partner often assumes their financial obligations will decrease. However, many widows and widowers face a surprising increase in their tax burden. Known as the “survivor’s penalty,” this issue affects individuals who transition from joint filing to single status, often while still receiving the same or similar income. There are some tips to avoid the survivor’s tax penalty after the death of a spouse.

As a result, survivors may end up in a higher tax bracket, lose key deductions and pay more on Social Security or investment income. If you or a loved one is navigating life after a spouse’s death, proactive tax and estate planning can help reduce this burden and preserve your financial stability.

What Is the Survivor’s Penalty?

The survivor’s penalty refers to the increased income taxes surviving spouses may face after switching from “married filing jointly” to “single” or “qualifying widow(er).” This change impacts:

  • Income tax brackets, which become narrower for single filers
  • Standard deductions, which are cut nearly in half
  • Taxation of Social Security benefits, which may be higher if income remains steady
  • Medicare premiums, which increase with higher taxable income

This situation is prevalent among retirees who rely on Social Security, pensions, or retirement accounts for their income. A surviving spouse may lose only a portion of the household income but still be taxed as a single person, resulting in a higher effective tax rate.

Real-World Impact on Retirees

Consider a couple filing jointly who has a combined income of $90,000. Their federal tax liability may be relatively modest thanks to the wider joint tax brackets and higher standard deduction.

However, if one spouse dies and the survivor continues to receive $70,000 in income, including retirement accounts and survivor benefits, they may be subject to a higher tax bracket. That income could also cause more of their Social Security benefits to become taxable and raise their Medicare Part B premiums.

These hidden costs can take a significant toll on a surviving spouse, especially during an emotionally and financially vulnerable time.

How a Probate Attorney Can Help You Plan Ahead

The best way to avoid the survivor’s penalty is to anticipate it while both spouses are still living. With the help of a probate or elder law attorney and financial advisor, couples can build tax-efficient strategies that reduce exposure.

Some options include:

  • Roth conversions: Paying taxes on retirement accounts now to reduce taxable income later
  • Adjusting Social Security claiming strategies: Coordinating timing to maximize survivor benefits
  • Splitting income-producing assets: Using trusts to distribute income more evenly across heirs or generations
  • Using the step-up in basis: Taking advantage of tax resets on inherited assets to reduce capital gains

It’s also important to ensure that estate planning documents reflect your current wishes. A surviving spouse who is suddenly left in charge of financial and medical decisions needs clear legal authority through powers of attorney, healthcare proxies and updated wills or trusts.

What to Do after a Spouse’s Death

If you are already a surviving spouse, it’s not too late to act. In the year of a spouse’s death, the surviving partner can still file a joint return. After that, unless they have a qualifying dependent, they must file as single.

Working with a probate attorney can help avoid the survivor’s tax penalty after the death of a spouse. They will help sort through estate settlements, beneficiary changes and tax filings. A CPA or financial planner can also assess how the change in filing status impacts required minimum distributions (RMDs), Medicare and taxes. If you would like to learn more about tax planning after the death of a loved one, please visit our previous posts.

Reference: CNBC (November 6, 2024) “You could face the ‘survivor’s penalty’ after a spouse dies — here’s how to avoid it”

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Preparing for Funeral Costs

Preparing for Funeral Costs

Funerals are often among the most significant unexpected expenses a family faces after the loss of a loved one. While discussions about end-of-life arrangements are rarely easy, preparing for funeral costs in advance offers peace of mind and protects family members from making rushed financial decisions during a time of grief and emotional distress.

The average cost of a traditional funeral today ranges between $7,000 and $12,000. This includes the basic service fee, casket, embalming, transportation, and use of a funeral home for viewing or ceremony. If burial is chosen, additional costs, such as a cemetery plot, headstone, and burial vault, may apply. Cremation can be less expensive, but the cost still varies widely depending on the services selected.

With so many variables—and with costs rising year after year—understanding funeral expenses and incorporating them into your estate plan is a practical and compassionate step.

What Makes Up Funeral Costs?

Funeral costs can be categorized into two main areas: services provided by the funeral home and third-party expenses. Funeral home services often include preparation of the body, coordination of ceremonies, securing permits, and filing death certificates.

Third-party expenses may include:

  • Cemetery plot or cremation
  • Headstone or grave marker
  • Officiant or clergy fees
  • Newspaper obituary
  • Flowers or printed materials

These costs can add up quickly, particularly if the family chooses to hold multiple services or make last-minute decisions. Many grieving families feel pressure to select the “best” options without fully understanding the associated financial impact.

Payment Options and Planning Tools

Families without a plan in place often scramble to cover funeral expenses, sometimes relying on credit cards, personal loans, or crowdfunding. By contrast, those who prepare in advance may use:

  • Final expense insurance or a life insurance policy
  • Payable-on-death (POD) accounts designated for funeral costs
  • Prepaid funeral plans through a funeral home
  • Specific provisions in a will or trust to allocate funds

Each method has its pros and cons. For example, prepaid funeral plans may offer cost guarantees but lack flexibility if your preferences change or if you move. Life insurance provides broader flexibility but may take time to access after death.

Working with an estate planning or probate attorney can help you coordinate these tools, ensure that funds are available and confirm that your wishes are clearly documented and legally enforceable.

Communicating Your Funeral Wishes

Many people assume their family “just knows” what they want. However, even close relatives may disagree or misremember details. Putting your wishes in writing helps eliminate confusion and conflict.

This can be done through a letter of instruction, an advance directive, or a section within your estate planning documents. Topics to consider include:

  • Burial vs. cremation
  • Religious or cultural preferences
  • Type of ceremony or service
  • Preferred funeral home or cemetery
  • Special readings, music, or attendees

Providing this information relieves loved ones from having to guess—and allows them to focus on honoring your memory.

Work with a Probate Attorney for Funeral Planning Guidance

A well-prepared estate plan addresses both financial and personal aspects of end-of-life planning. Beyond funeral instructions, it may include powers of attorney, advance healthcare directives and plans for long-term care.

Probate attorneys help families navigate the legal steps after a death. However, advanced planning ensures that the process starts with clarity rather than confusion. A clear, well-organized estate plan—including preparing for funeral costs—can reduce stress, protect family relationships and honor your values. If you would like to learn more about funeral planning, please visit our previous posts. 

Reference: AARP (Dec. 1, 2021) “8 Tips for Funeral Planning”

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Help Your Executor Fulfill Your Wishes

Help Your Executor Fulfill Your Wishes

Taking on the responsibility of being an executor is a big job that doesn’t come with instructions. When you pass away, the executor is the person who oversees your estate. It’s usually a trusted family member, says a recent article from Kiplinger, “Simple Ways to Make Your Executor’s Job Less of a Pain.” Here are some ways to help your executor fulfill your wishes.

The term “executor” is used to denote the person approved by the court as part of the probate process to distribute assets, while “administrator” is the term used if the person died without a will and the court named a person to manage their estate.

Regardless of the term used, the role of the executor is a serious one. One study reports that the average executor devotes more than 570 hours of work over 18 months, from start to finish.

If the goal is to avoid or minimize probate, an estate planning attorney can help place many assets outside of the probate estate. This is done using trusts and changing accounts to “Pay on Death” or “Transfer on Death.” Make sure to fund a trust once it’s established, or the assets owned by the trust will revert to the estate. You should also be cautious when retitling accounts to avoid inadvertently disinheriting loved ones. If all your cash is in one account and you want it to go to multiple heirs, but you name one person to receive it upon your death, there is no legal requirement for them to share the wealth.

When your executor takes the reins, they’ll need to have some cash to pay for more than a few costs: final year of income tax, medical bills, credit card debt and estate taxes. If you are leaving real estate, will there be cash for the executor to pay for the home’s upkeep?

If all your assets are passed on to others without any left for the estate, they will have to deal with an insolvent estate. Heirs may also find themselves being chased for payments by creditors, who have the right to come after anyone receiving decedent assets for payment of an estate’s debt.

How can you be sure there will be cash to pay for estate debts? One way is to get heirs to agree to pay estate debts in proportion to their inheritance. This can be particularly challenging for families, especially when financial hardships or family disputes are present.

An estate planning attorney can help create an estate plan that protects your assets from probate, while ensuring that there are sufficient funds for the executor to pay debts.

One big way you can help your executor fulfill your wishes is to create and maintain a list of all your assets and debts. With so many of our accounts now online, there are few paper trails to follow. Bank statements, brokerage accounts, credit card bills, mortgage statements, insurance policy payments, etc., are all more likely to be online than in the mail. One suggestion is to create a separate email account for all your financial matters and share it with the person who will be your executor.

Having all these tasks done admittedly takes time. However, it will spare your executor and heirs a great deal of stress, save them time, and let them focus on celebrating your life, not gritting their teeth because there’s so much work to be done. If you would like to learn more about the role of the executor, please visit our previous posts.

Reference: Kiplinger (May 30, 2025) “Simple Ways to Make Your Executor’s Job Less of a Pain.”

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Pros and Cons of Testamentary Trusts

Pros and Cons of Testamentary Trusts

A testamentary trust is a type of trust established through a last will and testament. Unlike a living trust, it doesn’t take effect until after the person’s death and only comes into existence during the probate process. There are pros and cons of testamentary trusts. These trusts can be a powerful estate planning tool for individuals who want to provide oversight and structure in how assets are distributed to heirs. Parents of minor children often use them, individuals concerned about a beneficiary’s financial habits, or those who want to protect assets from creditors or divorcing spouses.

However, testamentary trusts have limitations, primarily because they are subject to probate and are part of the public record. Understanding the advantages and disadvantages of this planning strategy can help you determine whether it aligns with your goals.

How a Testamentary Trust Works

A testamentary trust is created by including specific instructions in your will. These instructions name a trustee, outline how and when the trust assets should be used, and define who will benefit from the trust.

Since the trust is part of the will, it is subject to probate—a court-supervised process that validates the will and oversees the distribution of the estate. Only after the court finalizes probate does the testamentary trust become active.

The trustee then manages the assets according to the instructions, including paying for education, distributing funds over time, or restricting access until the beneficiary reaches a certain age.

Benefits of Testamentary Trusts

One of the primary benefits of a testamentary trust is the control that it affords. The person creating the trust (the testator) can set rules that continue long after death. This is particularly useful for:

  • Minor children who cannot legally manage money
  • Adult children with poor financial habits or substance abuse issues
  • Beneficiaries with disabilities who need long-term support
  • Families who want to protect their inheritance from lawsuits or divorce settlements

Because the trust is created after death, assets are not transferred or placed into it during the person’s lifetime, making it a simpler option for those who don’t want to manage a living trust.

Testamentary trusts also allow for the naming of a professional or trusted individual as a trustee, providing an additional layer of financial oversight and guidance for the beneficiary.

Drawbacks to Testamentary Trusts

Despite the control they offer, testamentary trusts have disadvantages. Since they are created through the will, they require probate, which can be a time-consuming, costly and public process.

The trust also cannot begin operating until the probate is concluded, which may delay access to funds during a critical period. If the trust is intended to support children or dependents immediately after death, this delay could create financial hardship.

Unlike revocable living trusts, which are created and managed during a person’s lifetime, testamentary trusts offer no opportunity to test or adjust the terms in advance. Once the testator passes away, the terms are fixed.

Finally, because testamentary trusts are part of the probate record, they may be more vulnerable to disputes or challenges from dissatisfied heirs.

Is a Testamentary Trust Right for You?

For some families, a testamentary trust offers the right balance of oversight and simplicity. It’s often chosen by individuals who have straightforward estates but want to add some protection for vulnerable heirs.

Others may benefit more from a revocable living trust, which avoids probate and offers greater privacy and flexibility.

Working with an estate planning attorney can help you understand the pros and cons of testamentary trusts, draft appropriate terms and create a plan that aligns with your goals and your family’s needs. If you would like to learn more about testamentary trusts, please visit our previous posts. 

Reference: MetLife (March 13, 2025) “Testamentary Trust: Definition and How It Works”

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The Estate of The Union Season 4|Episode 4

The Estate of The Union Season 4|Episode 4 is out now!

The Estate of The Union Season 4|Episode 4 is out now! While it can sound shocking, the Mortality Rate in Texas is 100%!!!

Brad is an old Boy Scout and the Scout’s motto is “Be Prepared.” This edition of The Estate of the Union is all about preparation and what terrible things can happen to the family of someone who was NOT prepared.

Ann Lumley is an extraordinarily respected attorney, and she is the Director of After Life Care here at Texas Trust Law. Ann and Brad discuss the challenges faced by loved ones whenever anyone passes away, and particularly when the deceased had no planning or inadequate planning. Ann has the ability communicate complex concepts clearly – and with a sense of humor too!

 

 

In each episode of The Estate of The Union podcast, host and lawyer Brad Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 4|Episode 4 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the links to listen to or watch the new installment of The Estate of The Union podcast. We hope you enjoy it.

The Estate of The Union Season 4|Episode 4

 

Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. We provide estate planning services, asset protection planning, business planning, and retirement exit strategies.

www.texastrustlaw.com/read-our-books

Information in our blogs is very general in nature and should not be acted upon without first consulting with an attorney. Please feel free to contact Texas Trust Law to schedule a complimentary consultation.
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