How should we proceed if my husband and I want to set something up so that in the case that if our deaths our children would be taken care of?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How should we proceed if my husband and I want to set something up so that in the case that if our deaths our children would be taken care of?

We do not own a home, land or any major assets. Our main concern for doing this is for our children. We recently set up life insurance, and were told that we should set up a Trust so that our young children would have access to our life insurance money if we were to both pass. We don’t even know where to begin. Do we need to set up a Will and Trust or would a Will alone cover all of what I previously expressed as our concerns?

Asked on February 22, 2015 under Estate Planning, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A will can take care of all the issues, because a will can have as part of it a "testamentary trust", or a trust that only comes into existence if you pass away (i.e. if you need it); that trust can receive the life insurance and any other assets you have, and can appoint a trustee to manage the money for the benefit of young children. That said, this is too important to not get expert help on; you are advised to consult with a trusts and estates attorney, who can answer any questions, give some thought to tax consequences, and then help you draft a good will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption