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Considerations in Creating Distribution Plans For Children or Grandchildren
News & Blog
Jun 15, 2022
NOELLE MINTO, ESQ.
Many individuals ask me how they should plan for a distribution to their children out of their trust after they’ve passed. Many people have different approaches to this, some wanting to be hands-off and leave it in the trustee hands and others who really want to enumerate how that child can access those funds. This is really the essential benefit of working with an estate planning attorney, is having the conversation based on your children, your estate, and also your particular parenting style. A lot of times people will say, “I’m dead; I’m going to let it be, and you know, let the chips fall where they may,” but to the extent, your child is not ready emotionally and may not be mature enough to handle that money. We want to make sure that money is protected and we’re not just protecting it from that child, but from others who might swarm around them at a time of inheriting and pressure them to do certain things with those funds.
These are the considerations we really need to have a dialogue about and determine how best to make a plan. Sometimes it’s not always the same plan for all children. We might have a very different trust distribution for one child versus another. We also need to focus on whether or not there are asset protection concerns for a child. This is something that is really not afforded to those who are creating a revocable trust. It’s essentially going to be treated as holding title in their own name but when someone passes, their trust becomes irrevocable. What that means is that the beneficiaries of that trust are not going to necessarily have creditors be able to access those funds unless those funds have been distributed.
So all of these should be a part of your conversation with an estate planning attorney to really figure out what’s suited for your family and for your family personalities that exist today, tomorrow, and even 10 years down the road.
NOELLE MINTO, ESQ.
Ms. Minto has been a business and estates transactional attorney based in California since 2003. Her practice is now located in Tustin, CA but represents individuals and entities based throughout the United States and abroad. Phone: (949) 253-0000, Email: info@mintocounselors.com
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NM Law is an excellent law firm to work with! Noelle and her team are very thorough and knowledgeable. They explained the estate planning process to us and kept us informed every step of the way. We…
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For those of you that are looking for the perfect attorney to handle any of your estate issues, well Noelle is the one for you! I can’t say enough about Noelle! She recently handled a case for…
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One of the most important things you can do for your family is have a good Living Trust done by an attorney you can trust to take care of your business. I highly recommend Noelle Minto, an…
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Working with Noelle on litigation and transactional matters was truly a valuable experience for me. Not only was she a great communicator with clients and personnel, but zealous and passionate about her clients. I would recommend her…
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Noelle is awesome. Handled everything I needed in a timely manner. Very professional!
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I have worked with Noelle on my Estate Planning and was very impressed by the way she handled my business. Noelle was extremely professional and available for all my questions. I would highly recommend anyone looking for…
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I have worked with many attorneys, and there are very few that I would ever recommend. Noelle and her team have gone above and beyond to help all of our clients that we have referred to her….
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I was first referred to Noelle Minto by my family law attorney Mike Monarch to provide oversight on my husband’s Trust conforming with our Post Marital Agreement. Her outstanding legal insights helped me to feel secure that…
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Noelle and Samantha and their team are amazing. They are extremely knowledgeable and professional (they are the best). They have and continue to support me and my family while dealing with my parents Will and Trust. Samantha…
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The N.W Law team in Tustin Ca was instrumental in achieving a just result in our family trust dispute. We had the privilege of being represented by Samantha Smith and her staff, during one of my saddest…
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Highly recommend NM Law. I recently worked with Noelle and her team on my family trust and the process could not have gone smoother. Very knowledgeable and professional. I have since recommended all of my family members…
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Samantha and the team are professional compassionate and get the job done. She articulates very well what needs to be done. Her and the firm do Probate and Trust at its finest to protect their clients. She…
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I was referred to NM Law after dealing with a myriad of problems in settling a complicated Trust in Riverside County. At the initial meeting, Noelle Minto and Samantha Smith listened to the mess I was in…
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Love this firm. I’ve worked on a wide range of legal issues with NM law, and the attorneys here are top notch, reasonably priced, and a pleasure to work with. They truly care about each of their…
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Ms. Minto, I want to thank you and your staff for the courtesy extended to us during our family’s pending emergency deadline. Mr. O’Grady spoke to my brother and gave us his best recommendation regarding my father’s…
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We dedicate pro bono time, volunteer services, and a percentage of our gross revenue to these organizations. In 2023, we sponsored a refugee family of five to come to the United States and start a new life.
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