Why would a married couple with minor children need an Oklahoma Trust?

1. To control how Oklahoma assets are managed for the children

Minor children cannot legally manage inherited property themselves. Without a trust, a court-supervised guardianship or conservatorship may be needed to manage the children’s inheritance.

A family trust lets the parents name a trustee to manage the money for the children and use it for things like health, education, housing, support, and other needs.

2. To avoid an outright distribution at age 18

Without planning, a child may receive full control of inherited assets when the child becomes a legal adult. For many families, age 18 is too young for a child to responsibly manage a significant inheritance.

A trust can delay full distribution until later ages, such as 25, 30, or 35, while still allowing the trustee to use funds for the child’s needs along the way.

3. To name the right person to handle the money

The person who is best to raise the children is not always the best person to manage money for them.

A trust allows the parents to separate those roles. For example, one person could be named as guardian of the children, while another person, bank, or trust company could serve as trustee and manage the assets.

4. To avoid unnecessary court involvement and expense

A trust can help keep the family’s financial affairs out of probate court and reduce the need for court-supervised management of assets for minor children.

This can make things simpler, faster, more private, and less expensive for the surviving spouse, trustee, and children.

This post was created with the gracious assistance of ChatGPT.

Posted by Shawn Roberts

On this blog, I write about and try to answer practical Oklahoma legal questions. My focus and most experience is in estate planning and business issues including Oklahoma non-compete law. I make a living as an attorney in the law firm I founded, Shawn J. Roberts, P.C. in Oklahoma City. I live in Edmond with my wife Amy and my two children, Sam (19) and David (11). We live precisely in the path of where the "wind comes sweeping down the plains."