One of the simplest ways to encourage the benefits of a lifetime asset transfer while minimizing the potential downsides is to implement guardrails for distributions—and trusts can be a great way to achieve this.
“People hear ‘trust’ and ‘children’ in the same sentence, and frequently what comes to mind is trust fund kids who lack motivation or direction,” says Robillard. “But there are trusts which, with a bit of calibration, help minimize the risk of that—creating strict but flexible parameters that enable you to build generational wealth, provide opportunities for financial education, and generate tax protections for you and your adult children all while harmonizing with your other investment strategies.”
Robillard and Moy highlight two types of trusts with foundational structures well-suited to achieve each of those benefits.
1. Generation-skipping trusts (GSTs)
These irrevocable trusts mitigate tax burdens by enabling assets to leapfrog a generation by assigning your grandchildren or great-grandchildren as the beneficiaries. However, they also provide the opportunity for your children to benefit through access to income generated by the assets or access to the principal, and can help remove some of the stress they may have about how their own children will manage financially in the future.
“Minimizing estate tax is a big advantage of creating a lifetime wealth transfer strategy, and GSTs provide protection against that tax burden at perhaps multiple generational points,” says Robillard. “These trusts should be thoughtfully structured with professionals who can help create the sort of guardrails that can provide trust terms to supplement, not supplant, the beneficiary’s own wealth.”
2. Crummey trusts
This type of irrevocable trust is funded by periodic contributions held in trust and distributed to beneficiaries under specific parameters. Crummey trusts create a limited window of time within which a beneficiary can withdraw the contribution. These contributions are typically annual exclusion gifts–currently $18,000 per beneficiary in 2024–that are removed from your taxable estate. This provides you with the flexibility to move assets out of your taxable estate while setting specific terms for how, why, and when the beneficiary can receive funds from the trust.
“Applied properly, these trusts are fantastic for educating and empowering your adult children,” says Moy. “Set a 30-day window for withdrawals on an annual exclusion gift to the trust and have a conversation with beneficiaries around expectations, purpose, and goals of the trust assets. If the beneficiary exercises the right to withdraw and that goes against the expectations, purpose, and goals that the grantor has for the trust, the grantor can decide to pause or permanently stop future gifts to the trust.”
Each of these trusts provides advantages when it comes to developing a sense of purpose among your children, grandchildren, or other designated beneficiaries. With their own financial situation strengthened by the wealth transfer plans you may provide, your adult children may be more likely to embrace and participate in other areas themselves, such as charitable endeavors or careers that align with their passions instead of with their financial needs.