Should you name the Trust as beneficiary or name your children outright?
Attorney Chris Berry answers this question on this episode of Berry’s Bites.

Estate Attorney and Advisor Chris Berry of Castle Wealth Group answers questions on retirement and estate planning every Wednesday at 1pm to register or give our office a call at 844-885-4200.

Castle Wealth Group and Christopher Berry help families with estate planning, elder law, retirement planning, and tax planning from their offices in Brighton, Ann Arbor, Livonia, Bloomfield Hills, and Novi.

Castle Wealth Group helps families with their legal, financial, and tax planning for their retirement and legacy.

With the use of legal structures like revocable living trusts, Castle Trusts (asset protection trusts), Chris Berry and Castle Wealth Group can help your family plan, protect, and preserve what is important through their Retirement and Legacy Blueprint Process.

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When it comes to estate planning, one of the decisions you will need to make is who to name as the beneficiary of your life insurance policy or retirement account. Many people choose to name their children as beneficiaries outright, while others opt to name a trust as the beneficiary. Each option has its own pros and cons, and you should carefully consider your individual circumstances before making a decision.

Naming Your Children Outright

Naming your children as beneficiaries outright means that they will receive the full amount of your life insurance policy or retirement account upon your passing. This can be a good option if your children are adults and financially responsible. It allows them to have immediate access to the funds to pay for college, a down payment on a home, or other expenses. It can also minimize the amount of paperwork and legal fees involved in administering an estate.

However, there are some potential drawbacks to naming your children as beneficiaries outright. If your children are minors, they will not be able to legally receive the funds until they reach the age of majority. This means that the money will be held in a court-supervised account until that time. Additionally, if your children are not financially responsible, they may use the money frivolously or have it taken by creditors or a divorce settlement.

Naming the Trust as Beneficiary

Naming a trust as the beneficiary of your life insurance policy or retirement account means that the funds will be held in the trust for the benefit of your children. This can be a good option if you have minor or financially irresponsible children, or if you want to provide for your children over a longer period of time. The trust can be structured to provide distributions to your children at specific ages or milestones, such as college graduation or marriage.

Another benefit of naming a trust as the beneficiary is that it can protect the funds from creditors or lawsuits. If your children are sued or face financial difficulties, the funds in the trust may be protected.

However, there are some potential drawbacks to naming a trust as the beneficiary. Setting up a trust can be more complex and expensive than simply naming your children outright. Additionally, the trustee of the trust will have a significant amount of control over the funds and how they are distributed. It is important to choose a trustee who is trustworthy and capable of managing the funds responsibly.

In conclusion, whether to name the trust or your children as beneficiaries depends on your specific circumstances and goals. You should consult with an estate planning attorney to help you make an informed decision. Consider factors such as the age and financial responsibility of your children, as well as your desire to control the distribution of the funds and protect them from creditors or lawsuits.