Controlling Distributions
Then importance of having life insurance in place when children are young can not be stressed enough. Life insurance is a tax-free, cash payout that unless someone is structured otherwise, is available to a beneficiary at age 18.
If one chose to leave a family member as a beneficiary of a life insurance policy to control the money, here are two concerns:
- The family member can only give a certain amount per year to each beneficiary. Amounts over that limit (which is $13,000 in 2010) are subject to a gift tax.
- The family member has no legal obligation to use the money on the beneficiaries. Everybody has heard stories about family members doing crazy when money becomes involved after someone passes. A trust forces the manager of the money to perform action only in the best interests of the intended beneficiary.
A living trust or testamentary trust is a simple way to hold distributions for young beneficiaries until they are financially mature.
What you would do at age eighteen or twenty-five if you were handed a hundred thousand dollars in cash?
How does a trust control assets for a beneficiary?
Here is a scenario:
- Trust states a beneficiary must be age 30 before receiving1/2 of their inheritance without restrictions. At age 35, the beneficiary receives the remainder.
- Life insurance payouts and proceeds from the sale of other assets of the grantor are placed in the trust’s bank account.
- The beneficiary can make requests for early distributions, which can be approved by the successor trustee if it is a reasonable health, education, maintenance or support request. This language is intentionally vague to cover a variety of unforeseen events that might require money. It can cover a vacation or the down-payment on a home.
You may wish to include in your estate planning binder a list of examples of what you consider reasonable and unreasonable requests for early distributions by beneficiaries. An attorney can provide a variety of different ways to control distributions that other families employ with various estate planning documents.

