A minor beneficiary can be named in a Will or a Trust or, by default, be entitled to an inheritance through intestate succession. However, in California, a minor cannot legally own property until they are 18 years of age and must wait until the age of majority to take possession of it.
Children under age 18 can be named as a primary or contingent beneficiary. However, if you were to die while they are still minors, the proceeds may be sent in their name to the legal guardian of the minor child's estate. Another common solution to make accommodations for children is through the creation of a trust.
“Technically, you're allowed to name your minor children as beneficiaries,” says Matt Lyon, USAA advice manager. “But you should be cautious before doing so.” According to Lyon, parents can achieve their life insurance goals without naming their minor children as beneficiaries — and that's usually for the best.
Ineligible Beneficiaries: Minors: Generally, minors (individuals under the age of 18 or 21, depending on the jurisdiction) cannot be named as direct beneficiaries of a life insurance policy. In such cases, a trust or custodian may be designated to manage the proceeds until the minor reaches the age of majority.
In California, minor children will NOT receive life insurance proceeds, while they are minors (under 18 in California). No insurance company will make such payments to your children directly, even if you have designated them as your beneficiaries on your life insurance documents.
Estranged relatives or former spouses – Family relationships can be complicated, so think carefully if an estranged relative or ex-spouse really aligns with your wishes. Pets – Pets can't legally own property, so naming them directly as beneficiaries is problematic.
Often, minor children are designated as beneficiaries of the proceeds of life insurance policies, or of investment accounts such as RRSPs and RRIFs. Minor children, however, are considered parties under a disability and as such are not entitled to receive funds directly.
2053(c) Trusts
A 2053(c) trust is a specific type of minor's trust that aims to avoid gift taxes. The federal government charges a gift tax, but provides an exemption for gifts valued at $18,000 or less (as of 2024), per year, per recipient.
Beneficiary Designations Certain accounts, like retirement plans and life insurance policies, allow you to designate beneficiaries. Naming your grandchildren directly on these accounts ensures they receive the funds without your children being involved.
If you want to name a minor child as a beneficiary to a CD account or other financial accounts, you may also need to name a custodian to manage assets on their behalf until adulthood.
No one wants to think about their children dying, but it happens. In these painful situations, parents have the right to inherit from their child under the Law of Descent and Distribution. This goes for birth parents, legal adoptive parents, and intended parents with a gestational agreement.
Insurance companies will rarely pay life insurance proceeds directly to a minor. Typically, the court appoints a guardian — a potentially costly and time-consuming process — to handle the proceeds until the minor beneficiary reaches the age of majority according to state law.
Banks have a special and easy way to name a child as a beneficiary for a bank account by adding a POD (payable-on-death) addendum to your account.
A primary beneficiary is the person (or people or organizations) you name to receive your stuff when you die. A contingent beneficiary is second in line to receive your assets in case the primary beneficiary passes away. And a residuary beneficiary gets any property that isn't specifically left to another beneficiary.
Under the SECURE Act, a minor beneficiary cannot take out assets from an IRA after the accountholder's death. They must leave the money in place until they turn 18. Once the minor beneficiary reaches age 18 they take all of the assets out of the account within 10 years.
Simply put, even though minor children cannot own money and other assets in their names, minors can be Trust beneficiaries in California. However, it is crucial for you to note that Trust shares for minor children are usually held in the Trust until the beneficiary becomes an adult.
Selecting the wrong trustee is easily the biggest blunder parents can make when setting up a trust fund. As estate planning attorneys, we've seen first-hand how this critical error undermines so many parents' good intentions.
If your assets are in a trust, the courts and creditors can't seize those assets. Yet, they could go against the assets that aren't in the trust. This only applies to irrevocable trusts. It only applies to this type of trust, because it creates a separate legal entity with control and ownership over those assets.
Naming Your Child as a Beneficiary Can Saddle Your Child's Guardian with Burdensome Legal Obligations. The guardian of the property has many legal obligations. This person must obtain permission from a judge to buy and sell certain assets and may be required to obtain permission before using the money for the child.
If you are married and you want to designate beneficiaries—such as children—other than your spouse, you may need written consent from your spouse. Otherwise, such plans follow roughly the same guidelines for what is taxable, but other features will vary from plan to plan.
The short answer is yes, but the trustee will have to be extremely careful to never engage in any actions that would constitute a breach of trust, including placing their personal interests above those of the other beneficiaries.
While you can appoint a minor child as a life insurance beneficiary, doing so isn't always the best option. Luckily, there are several alternatives to consider, such as establishing a life insurance trust or creating a UTMA account.
If you're single or widowed, you can name anyone as a beneficiary––but there are some tax considerations if heirs are not a child or grandchild under 18 or a mentally or physically infirm child or grandchild of any age.
If you've lost a family member or close friend, you may be listed as a beneficiary without even knowing it. Suppose the deceased didn't have a partner or children to name on their policy; they might have branched out to other relationships when choosing the beneficiary of their life insurance policy.