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.
Most life insurance policies will not allow you to directly leave money to beneficiaries who are minors. If you name a minor as a beneficiary, they will have to settle the matter in probate court. In which an adult will be delegated to manage the money until the minor is old enough to be responsible for it themselves.
Children in California Inheritance Laws
First and foremost, biological children have the strongest rights, as they are the direct bloodline of the decedent. Adopted children share this claim, while grandchildren don't, provided their parent (the decedent's child) is alive.
California intestate law stipulates the following: If you have a spouse and no children, the spouse inherits everything. If you have children and no spouse, the children inherit everything.
If you are the designated beneficiary on a deceased person's bank account, you typically can go to the bank immediately following their death to claim the asset. In general, there is no waiting period for beneficiaries to access the money; however, keep in mind that laws can vary by state and by bank.
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.
Beneficiaries of an inheritance in California typically do not have to pay income taxes on the inherited assets. That is because inherited assets are generally not taxable income for individual beneficiaries.
A: Beneficiary abuse occurs when a trustee, or the person put in charge of managing the assets of a trust, violates their legal duties to the trust's beneficiaries. A trustee is obligated to act in the interest of the trust and the beneficiaries first and not according to their own personal feelings.
It is important to note that capital assets given during life take on the tax basis of the previous owner, when these assets are given after death, the assets are assessed at current market value. This may cause loved ones to miss out on tax benefits, such as a step-up in basis after your death.
A lot of people name a close relative—like a spouse, brother or sister, or child—as a beneficiary. You can also choose a more distant relative or a friend. If you want to designate a friend as your beneficiary, be sure to check with your insurance company or directly with your state.
When you enroll in a 401(k), you need to name beneficiaries to inherit your 401(k) if you die. Naming beneficiaries can keep your 401(k) out of probate court. You can name almost anyone as your beneficiary. such as your children, your parents, siblings, a friend, or your favorite charity.
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.
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.
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.
Inheritance checks are generally not reported to the IRS unless they involve cash or cash equivalents exceeding $10,000. Banks and financial institutions are required to report such transactions using Form 8300. Most inheritances are paid by regular check, wire transfer, or other means that don't qualify for reporting.
Many people worry about the estate tax affecting the inheritance they pass along to their children, but it's not a reality most people will face. In 2025, the first $13,990,000 of an estate is exempt from federal estate taxes, up from $13,610,000 in 2024. Estate taxes are based on the size of the estate.
The IRS can take your inheritance if you owe back taxes. The reason is that once the executors transfer assets to you, they become part of your estate.
The beneficiary can use the money as they see fit and is not required to split life insurance with siblings or other family members. However, there are situations where siblings may challenge the distribution of life insurance benefits.
How Old Must a Child Be To Be a Beneficiary of a Bank Account? There are no minimum age requirements for beneficiaries, so you can legally name a minor for the role. They'll receive ownership of the account upon your death but won't have direct access to the funds before reaching legal age.
You are not allowed to name a non-living legal entity, like a corporation, limited liability company (LLC) or partnership. Beneficiary designations override wills, so if you forget to change them, the person named will still receive the money, even if that was not your intent.
If you received a gift or inheritance, do not include it in your income. However, if the gift or inheritance later produces income, you will need to pay tax on that income. Example: You inherit and deposit cash that earns interest income. Include only the interest earned in your gross income, not the inherited cash.
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.