Schedule Your Free 15-Minute Phone Consultation
(979) 865-0000

Law Office of Dana Baker, P.C.

Schedule Your Free 15-Minute Phone Consultation (979) 865-0000

  • Published: November 27, 2023

Estate planning can be a daunting task, but one of the most pivotal decisions you’ll make is selecting your beneficiaries. This decision determines who will receive your assets after your passing. In Texas, there are unique considerations, especially when beneficiaries are minors. This blog post aims to shed light on this aspect of estate planning in the Lone Star State.

What is a Beneficiary?

In the simplest terms, a beneficiary is an individual or entity you designate to receive assets from your will, trust, or other estate planning instruments. This can include relatives, friends, charitable organizations, trusts, and more.

The Importance of Naming Beneficiaries

By designating beneficiaries, you ensure that your assets are distributed according to your wishes rather than being subject to the default rules of intestate succession in Texas. If you pass away without a valid will, the Texas Probate Code determines who inherits your assets, which might not align with your personal wishes.

Special Considerations for Minor Beneficiaries

Leaving assets directly to minors can pose several challenges:

  1. Legal Limitations: In Texas, minors (individuals under 18) cannot directly inherit property or assets. If a minor is named as a beneficiary without a trust or other provisions in place, the court may require the appointment of a guardian to manage those assets until the minor reaches adulthood.
  2. Maturity Concerns: Even when a child turns 18 and can legally inherit, they might not have the maturity or financial know-how to manage a large inheritance responsibly.

Solutions for Naming Minors as Beneficiaries:

  1. Testamentary Trust: You can establish this trust within your will. The testamentary trust will come into effect upon your death, and the assets designated for the minor beneficiary will be placed into this trust. You can specify the terms, including when distributions should be made (e.g., at certain ages or milestones).
  2. Custodial Accounts: Under the Texas Uniform Transfers to Minors Act (TUTMA), you can transfer assets to a custodial account, managed by a custodian for the benefit of the minor. When the child reaches the age specified by TUTMA (currently 21), they will gain complete access to the account.
  3. Contingent Beneficiaries: It’s also wise to name contingent beneficiaries in case your primary beneficiary predeceases you or is unable to inherit. This provides an additional layer of certainty to the distribution of your assets.

Final Thoughts

Choosing beneficiaries is a deeply personal decision, but it’s crucial to be informed about the legal intricacies, especially when considering minors. Texas law offers various mechanisms to ensure that minor beneficiaries are protected and that assets are managed responsibly on their behalf.

When making these decisions, it’s invaluable to consult with an experienced Texas estate planning attorney. They can guide you through the nuances of Texas law and help you craft an estate plan that honors your wishes while safeguarding your beneficiaries’ best interests.

Dana Baker, Esq.

My goal is to be your trusted advisor who helps you make the
very best personal, financial, legal, and business decisions
for your family and your business throughout your lifetime
Call Us Now - (979) 865-0000

Accessibility Accessibility
Ă— Accessibility Menu CTRL+U