Skip to Content

We are a Veteran Owned Business, providing 20% discounts for Veterans, First Responders, Elementary and High School teachers. Please contact us to set up a phone or Zoom meeting. Taking care of you and your family, It's What We Do!

Klenk Law

Why You Should Not Name Your Child Life Insurance Beneficiary

Posted on Sun Apr 17, 2016, on Life Insurance

From our “Ask a Question” Mailbag: Why You Should Not Name Your Child Life Insurance Beneficiary.

Most Recently Updated August 6, 2018.

“I want to protect my child from a potential divorce. I don’t want my daughter-in-law to end up with my money. So, should my life insurance name my children as beneficiary?”

Why You Should Not Name Your Child Life Insurance Beneficiary

Why You Should Not Name Your Child Life Insurance Beneficiary

Naming a Child as Beneficiary Exposes the Funds to the Child’s Creditors and Divorce.

Naming your children as beneficiary raises many problems and the loss of a valuable tool.

For example, by naming your child as the beneficiary of your life insurance, your child receives the proceeds outright.  This means your child’s social security number attaches to the funds.  Further, the asset may become marital property, often placed into joint accounts with a son or daughter-in-law.

These actions expose the money to your child’s creditors and divorce proceedings.  Further, these funds will now be part of your child’s taxable estate at death. Another consequence, if your child is a minor, the child cannot collect the life insurance.  This might require the appointment of a court-appointed guardian of the estate to gather and hold the funds until your child is 18. Such a guardian will increase the costs, eating up the inheritance.

Protective Trusts, So Much Safety for So Little Effort.

Instead, if you form a trust under your will for your child and name that trust as beneficiary, the trust receives the insurance and not your child. The money is never under your children’s social security number and does not become marital property.

The terms of this trust can include language that allows your child to serve as the trustee at an appropriate age.  And, with extensive rights to invest the insurance proceeds as well as use the trust assets for your child and his descendants. But, the trust shelters the insurance proceeds from your child’s creditors, divorce and avoids estate and inheritance taxes at your child’s subsequent death.  One popular version of these trusts are often referred to as Dynasty Trusts.

Even better, if your child serves as the Trustee, there is no Trustee cost. Your child will serve without fee.

Many Options Exist to Address Your Specific Situation.

In conclusion, these trusts are flexible, inexpensive to create and the terms can be crafted to fit your specific needs. Therefore, the real question is, why would you not use them?

See my website for more information about various Irrevocable Trusts.

More Planning Questions?

How to give life insurance to minor children is only a piece of the Estate Planning process. By all means, if you want to learn more, please read my more detailed article, Estate Planning Everything You Need to Know.

In Conclusion: Why You Should Not Name Your Child Life Insurance Beneficiary

I hope that this article was helpful in explaining Why You Should Not Name Your Child Life Insurance Beneficiary. Further, I included links to even more detailed information on my website so you can learn more. Therefore, please contact me and let me know how I did. Certainly, your comments and questions are welcome!

Let our Estate Planning lawyers help walk you through what can be a confusing process. To begin with, call to speak to one of our experienced estate planning lawyers.  By all means, our lawyers are ready to answer your questions. In fact, feel free to contact our office for a free consultation. Ultimately our goal is to make the process as painless as possible!

Wills, Trusts, Probate, and Estate Litigation, It’s All We Do!

Tags:

Dynasty Trust, Estate Planning, Estate Planning Attorney, Estate Planning Lawyer, Estate Tax, Life Insurance, Wills

What Our clients are saying

Klenk Law Logo
Stars

When it came down to picking the right attorney to handle my affairs, I knew right away it was this firm. From speaking to their secretary to speaking to Peter I knew I was making the right decision. After only a few mins Peter knew right away what I was looking for and handled all my questions professionally and even gave me great feedback that put my mind at ease. All that without even giving a single penny! So of course I hired him! So far so good...

Klenk Law Logo
Stars

Peter and his staff handled all of our needs in a very professional and timely matter.

Klenk Law Logo
Stars

Peter provided outstanding advice and preparation of a will and trusts.

Klenk Law Logo
Stars

Peter Klenk ESQ is a thoughtful and capable attorney who we work with on estate planning issues. His firm recently provided us with new Wills, Power of Attorneys and our instructions regarding major health issues. These documents are important for estate and life planning. Peter and his team are masters in the complexities of Estate Law. We highly recommend Peter and his Associates to provide thoughtful advice and outstanding work on these complex issues of the law. Make sure your estate planning documents are up to date, and Peter can be relied on to do an excellent job. Well done Peter!

Klenk Law Logo
Stars

Peter is excellent. I had a very complicated situation with my parents' estate planning and potential Medicaid needs. Peter was very knowledgeable in estate planning matters, able to define the best solution for the situation. Additionally, he was congenial and able to communicate effectively to my senior citizen parents the benefits of estate planning. He earned my trust, and more importantly, my parents' trust in a 45 mins consultation period. Highly recommend Peter. He is very easy to work with.

Let us put our expertise to work for you.

Free consultation within 24 hours.