Children's Trusts

Our Atlanta estate planning attorneys help parents across Georgia create children’s trusts that protect inheritances and set their children up for success.

If you’re a parent, you’ve probably thought about what would happen to your kids if something happened to you. It’s not a fun topic, but it’s an important one.  A child’s trust is one of the best ways to make sure what you leave behind truly supports your children in the way you intend.

A child’s trust lets you decide how and when your child receives their inheritance, who manages it in the meantime, and how it can be used. Without this kind of planning, your child would receive everything in a lump sum at 18. Most parents feel that’s far too young for that responsibility. A trust gives your child time to mature while still giving them access to what they need for school, healthcare, and daily life.

Why Georgia Families Create a Child’s Trust

Families across Georgia often create trusts to make things easier for loved ones and to protect what matters most.

A revocable living trust helps families avoid the court-supervised probate process in Georgia. This saves time, reduces costs, and prevents added stress during an already emotional period following the loss of a loved one.

A child’s trust can work alongside or be part of your revocable living trust to give you full control over how your child’s inheritance is managed. You can decide how funds are used and ensure they go toward things such as education, healthcare, and living expenses until your child is ready to manage money independently.

Without this type of planning, Georgia law steps in. In Georgia, if a child under 18 inherits money directly, the court appoints a conservator to manage it. When your child turns 18, the conservator must turn over every dollar, no matter how ready your child may be. A child’s trust keeps the inheritance safe, managed responsibly, and used for the right reasons until your child can take over. This same issue comes up when leaving money to a grandchild, niece, nephew, or any other young beneficiary.

Parents of adult children often set up children’s trusts for a different reason. They want to protect what they leave behind from divorces, creditors, or poor financial decisions. A trust keeps those funds safe and available for your child’s long-term benefit.

Whether you live in Atlanta, Sandy Springs, Marietta, or anywhere else in Georgia, our Atlanta trust attorneys can help you create a plan tailored to your family’s needs.

What Happens Without a Child’s Trust in Georgia

If you leave assets to a child under 18 without a trust, the court steps in. A conservator will manage your child’s inheritance and report every expense to the court until your child reaches adulthood. This process takes time, adds cost, and limits flexibility.

Once your child turns 18, everything that remains is handed over at once. Even a mature 18-year-old can struggle to manage a sudden inheritance. The money could be spent too quickly or invested poorly. A child’s trust prevents that by keeping the inheritance managed and protected until your child is ready.

Ways to Structure a Georgia Child’s Trust

Every family’s situation is different, and a child’s trust can be tailored to fit your goals. As the Settlor, you control the terms and how the trust supports your child.

Your options are truly endless, but examples include the following:

Delay the Inheritance

You can set an age at which your child receives full access to their inheritance. Until then, the trust can cover education, healthcare, and general living expenses. This ensures your child has what they need now while protecting the rest for later.

Staggered Inheritance

Instead of giving your child everything at 18, you can spread out the distributions over time. For example, part at 25, another portion at 30, and the rest later. This approach helps your child build money management skills while keeping funds available for their long-term needs.

Spendthrift Provisions

You can include a spendthrift provision to further protect the inheritance meant for your children. A spendthrift provision prevents a beneficiary’s creditors from accessing the trust assets.

Incentive Provisions

You can add positive goals that reflect your values. For example, you might release funds when your child graduates, starts a business, or reaches another milestone. If your child struggles with addiction or financial issues, distributions can pause until things improve.

Speak With an Experienced Georgia Children’s Trust Attorney Today

A child’s trust gives you control over how and when your child inherits. It avoids the delays and expenses of court involvement and protects your child’s future. Whether you want to delay distributions, spread them out over time, or include specific protections, our team can create a plan tailored to your goals.

If you are considering a trust for your child but are not sure where to start, we are here to help. Our experienced Georgia estate planning attorneys will walk you through your options and create a plan that ensures your child’s inheritance is managed exactly the way you intend.

Call us at (678) 882-0830 to schedule a complimentary consultation with one of our Atlanta children’s trust attorneys.