Insight

Consider Trusts for Your Kids

Why children under the age of 18 should have a trust

Patricia C. Marcin

Written by Patricia C. Marcin

Published: April 30, 2026

If you have children under age 18, you should have trusts for each of them in your will or revocable trust. If minors under 18 years old inherit any assets from you, a guardian of the property (as opposed to a guardian of the person, which you designate in your will) must petition the court to be appointed to take care of those assets for your child. A guardian of the property must be bonded (which requires annual premium payments), and the guardian must file a formal annual accounting of the assets with the court, along with a petition for approval of the accounting.

The guardian will need a lawyer, and perhaps an accountant, to assist with satisfying these requirements. The costs of all this would be paid from your child’s funds.

To avoid these expenses, your will or revocable trust should create a trust for each of your minor children upon the death of you and your spouse. These trusts are created right within your will or revocable trust. You can appoint a trustee in your will or revocable trust to manage your child’s assets and provide that the trustee need not post a bond. Furthermore, a trustee is not required to file an annual accounting with the court.

Even if you expect your children to be over age 18 by the time you and your spouse die, you may want to consider keeping assets your children inherit from you in a trust to protect them from themselves until they reach an age when you think they will be financially and otherwise mature. This could be age 30, 35 or older. You may even want the trust to continue for their lives to protect the assets in the trust from future claims of your children’s creditors, including in the event of their divorce. Assets that continue to be held in the trust are not subject to claims of a child’s current or future creditors.

Trusts created for your children can be extremely flexible. The trustee can have the power to make liberal distributions to the child for any reason you would like, or for any reason in the trustee’s complete discretion. At the age you specify, the child can become a co-trustee of his or her own trust and can have the power to remove the original co-trustee making the distribution decisions, thus giving the child enormous control over his or her own trust.

There are many reasons to create trusts, and each family’s circumstances are different. It is important to discuss these issues with your estate planning professional.

Trending Articles

What AI Visibility Means for Lawyers


by Josh Rupall and Bryan Driscoll

AI tools increasingly interpret lawyers public information. Clear, consistent and credible sources help ensure they describe legal expertise accurately.

AI dashboard visualizing a lawyer's online profile, reputation, and practice information across mult

The Best Lawyers in Canada 2027: Recognizing the Nation's Top Legal Talent


by Jamilla Tabbara

Honoring established leaders and rising practitioners across Canada's legal profession.

3D model of Canada textured with the Canadian flag.

2027 Best Lawyers Awards: Honoring Excellence in the Legal Profession


by Jamilla Tabbara

Recognizing the outstanding attorneys leading top practice areas nationwide.

United States with American flag representing The Best Lawyers in America 2027 awards

Announcing the 2027 Best Lawyers Awards: Austria, Germany and Switzerland


by Jamilla Tabbara

Celebrating the legal professionals throughout Central Europe.

Graphic displaying three-dimensional map cutouts of Austria, Germany and Switzerland.

The Best Lawyers in France 2027: Peer-Reviewed Excellence


by Jamilla Tabbara

Seventeen editions of peer trust, a growing profession and a dynamic legal market.

3D Map of France with National Flag Graphic

Who Can Override a Power of Attorney?


by Bryan Driscoll

A power of attorney carries real legal authority, but it isn't absolute. Here's who can step in to revoke, restrict or set it aside.

Close-up of a power of attorney document, symbolizing legal authority, revocation rights, guardiansh

How to Get an Eviction Off Your Record


by Bryan Driscoll

Whether an eviction can be removed, sealed or corrected depends on your state, your case and where the record appears.

A printed eviction notice attached to a decorative metal security gate, representing housing instabi

Inside the 2027 Best Lawyers Awards in Chile, Colombia and Puerto Rico


by Jamilla Tabbara

A closer look at the research process, methodology and key statistics behind the 2027 editions.

3D map cutouts of Chile, Colombia, and Puerto Rico

How Peer Review Works: Best Lawyers Methodology Explained


by Jamilla Tabbara

Understanding the independent, data-driven framework that defines professional legal standing.

A glowing professional icon surrounded by incoming arrows, symbolizing data collection and feedback.

How to Optimize Your Best Lawyers Profile for AI Search


by Everett Sizemore

Learn how a complete, well-structured Best Lawyers profile can strengthen your visibility and accuracy across AI search platforms.

A laptop screen displaying the Best Lawyers profile dashboard showing customizable sections.

Google Is Losing Major Antitrust Cases. Is This the End of Big Tech’s Winning Streak?


by Justin Smulison

Legal experts say the remedies and appeals, not the liability findings, will determine if Google's losses reshape the tech industry.

Google Antitrust Losses: What They Mean for Big Tech

What Is a Hostile Work Environment?


by Bryan Driscoll

Not every difficult job is a hostile work environment in the eyes of the law. Here's how to tell the difference and what to do next.

Blurred image of a distressed employee in an office, surrounded by motion-blurred coworkers, conveyi

How to Start a Nonprofit: A Step-by-Step Guide


by Bryan Driscoll

Everything you need to know about turning your mission into a registered nonprofit, from your first board meeting to 501(c)(3) approval.

Three white blocks spelling "NPO" on a yellow background.

Turn Client Questions Into Content That AI Search Can Find


by Bryan Driscoll and Manny Candal

Client questions are becoming search inputs. Your firm’s content should answer them clearly.

Pile of question marks with a single bright yellow question mark in the center, representing search.

Can You Sue Someone for Emotional Distress?


by Bryan Driscoll

Emotional distress can sometimes support a lawsuit, but whether you have a valid claim depends on the facts, the law and your ability to prove real harm.

Abstract black-and-white face with multiple screaming mouths, representing emotional distress, anxie

GEO for Law Firms: What It Is and How to Optimize for AI Search


by Bryan Driscoll and Everett Sizemore

A seven-step audit for law firms that covers the terms, the pages, the outside profiles and what you can actually measure.

Hands typing on a laptop with glowing GEO and AI search graphics
Tap to expand

Welcome to Smithy AI the Best Lawyers Assistant

I can help you find attorneys, compare firms, explore practice areas, and surface rankings curated from the Best Lawyers methodology.

Not legal advice This assistant provides general information only. For guidance on your specific situation, please consult a licensed attorney.
Learn about Best Lawyers Research Process
Suggested prompts
Chat limit reached
You've reached the message limit for this chat. To keep exploring, browse Best Lawyers directly or come back later to start a fresh conversation.
Browse Best Lawyers