Protecting Your Children’s Inheritance Through Estate Planning

Here in the Big Easy, we cherish our families and our traditions. But life can be unpredictable, and ensuring your children receive the inheritance you intend requires careful planning. This is where estate planning comes in – it’s a roadmap that guarantees your wishes are carried out after you’re gone.

Estate planning matters

Intestacy – dying without a will – can throw a wrench into any of your good intentions. Louisiana law will dictate how your estate will be divided, which may not align with your desires. Your children might not receive everything you envisioned, and delays and legal battles can erupt, creating unnecessary stress for your loved ones during a difficult time.

Here’s how estate planning protects your children’s inheritance:

• Control your assets: A will lets you specify who receives what portion of your estate, ensuring your children get their fair share.
• Reduce the stresses of succession: Succession is when the Court is charged with distributing assets of someone without a will. It can be lengthy and expensive. Estate planning tools like living trusts can save time and money for your heirs.
• Protect from creditors and predators: Life throws curveballs. A child might go through a difficult divorce or accumulate debt. You can structure your estate to shield your children’s inheritance from creditors and future spouses.
• Specify distribution details: A will allows you to dictate how your children receive their inheritance. You may choose a lump sum or staged distribution based on reaching specific milestones like graduation or turning a certain age. This can promote responsible money management.

How can I protect my children’s inheritance?

There are a variety of opportunities available to you to ensure your children’s inheritance process goes as you want it to:

• Wills: This fundamental document outlines your wishes for asset distribution and continuing tutorship for minor children.
• Trusts: Trusts are legal entities that hold your assets for the benefit of your beneficiaries. Different types of trusts offer various advantages:
  • Testamentary trusts: Created in your will, these trusts activate upon your passing.
  • Living trusts: These trusts can hold assets during your lifetime and transfer ownership seamlessly upon your incapacity or death, avoiding probate.
  • Spendthrift trusts: These trusts protect your children’s inheritance from creditors and irresponsible spending habits by establishing conditions for distribution.
• Beneficiary designations: You can also designate beneficiaries directly on retirement accounts, life insurance policies, and payable-on-death (POD) bank accounts. This ensures these assets bypass probate and go directly to your children.

Estate planning considerations for New Orleans families

Louisiana’s unique community property laws add another layer to estate planning. Community property acquired during marriage generally belongs equally to both spouses. Separate property (assets brought into the marriage or inherited individually) remains, as you might imagine, separate. Understanding this distinction is important when creating your estate plan, especially for second marriages or blended families.

• Communicate with your children: Discuss your estate plans with your children to avoid surprises and ensure their understanding of your wishes.
• Review regularly: Life circumstances change. Regularly review and update your estate plan to reflect changes in your assets, family structure, and beneficiaries.
• Choose the right attorney: Working with an experienced New Orleans estate planning attorney proficient with Louisiana’s estate planning laws is vital. At the Law Office of James A. Graham, we can tailor a plan that addresses your specific needs and protects your children’s inheritance.

Common questions and concerns regarding inheritances

You may have some questions about your children and their inheritance. Allow us to give you some answers:

• What if my child is not financially responsible? This is another common worry. A spendthrift trust, as discussed above, can be structured to release funds gradually or upon reaching specific milestones. You can also appoint a trusted advisor or financial institution as a co-trustee to oversee distributions and ensure responsible use of the inheritance.
• What if my child has special needs? Planning for a child with special needs requires specific considerations. A special needs trust can ensure your child continues to receive essential government benefits while providing additional resources for their care. Our New Orleans family law attorneys are well-versed in special needs trusts.
• Blended families and inheritance: Blended families present unique challenges. Your estate plan should clearly outline your wishes for both children and stepchildren. Utilizing separate trusts for children and stepchildren might be a helpful strategy. Keep in mind that open communication with all parties involved is essential to avoid future conflict.

Estate planning beyond wills and trusts

While wills and trusts are crucial estate planning tools, other aspects deserve consideration:

• Life insurance: A life insurance policy can provide your children with immediate financial security upon your passing. Carefully choose beneficiaries and consider naming a trust as the beneficiary to maximize control over the distribution.
• Retirement accounts: Designate beneficiaries for your retirement accounts (IRAs, 401(k)s, etc.) to ensure these assets go directly to your children. You should talk to your financial advisor about tax implications associated with beneficiary designations.
• Tutorship designation: If you have minor children, your will allows you to appoint a tutor who will care for them if both parents are deceased. Choosing a responsible and trustworthy tutor is vital for your children’s well-being. Note that the courts do not have to recognize your designation, but doing so still makes your wishes known, and that could potentially affect the outcome.

Why work with a New Orleans estate planning attorney?

Estate planning isn’t a one-size-fits-all process. Every family has unique needs and circumstances. An experienced New Orleans estate planning attorney can guide you through the intricacies of Louisiana law and create a customized plan that protects your children’s inheritance and fulfills your wishes.

Our attorneys can:

• Explain your legal options in clear, understandable language.
• Analyze your assets and family structure to determine the best course of action.
• Draft essential documents such as wills, trusts, and beneficiary designations.
• Address your specific concerns regarding children’s inheritance, special needs, and blended families.
• Review and update your estate plan as your life circumstances evolve.

Estate planning empowers you to create a secure future for your children. By taking the time to plan effectively, you can ensure your children receive the inheritance you intend, minimizing stress and legal complications during a difficult time. This will allow them to focus on cherishing your memory and building their own dreams. At the Law Office of James A. Graham, we can answer all of your questions and concerns about estate planning. Call our offices or complete our contact form to schedule your case review today.