Should a minor child be named as a beneficiairy of life insurance proceeds?

UPDATED: Jul 16, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 16, 2023

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UPDATED: Jul 16, 2023Fact Checked

If you name a minor child as a beneficiary of life insurance proceeds, the insurance company cannot pay money to the minor child. Depending on the state, the company would hold on to the money (at interest) until the child turns 18, or pay it to a court-appointed custodian or local bank (where it may be held at even lower interest). Where the amount of proceeds would be significant, it often makes sense to have a lawyer create a trust for the minor and have the proceeds payable to the trustee for use according to the terms of the trust.

Case Studies: Naming Minor Children as Beneficiaries of Life Insurance Proceeds

Case Study 1: The Importance of a Trust

John, a policyholder, named his 5-year-old daughter, Emily, as the beneficiary of his life insurance policy. Tragically, John passed away unexpectedly. As a minor, Emily was legally unable to receive the insurance proceeds directly. The insurance company was obligated to hold the funds in an interest-bearing account until Emily reached the age of 18, at which point the money would be transferred to her.

However, John had not made any provisions for the management of the funds or stipulated how they should be used for Emily’s well-being. This lack of planning resulted in a significant portion of the proceeds being subject to minimal interest growth over the years. Additionally, once Emily turned 18, she received a lump sum of money without any guidance or safeguards in place.

Case Study 2: Establishing a Trust for Minors

Sarah, a policyholder, had three minor children named as beneficiaries of her life insurance policy. Aware of the potential issues associated with minors receiving large sums of money, Sarah sought legal advice and decided to establish a trust for her children. She appointed a trusted family friend as the trustee, with specific instructions on how the funds should be managed and used for the children’s education, healthcare, and general well-being.

Tragically, Sarah passed away, and the life insurance proceeds were paid directly to the trust. The trustee, following Sarah’s instructions, diligently managed the funds and used them for the intended purposes.

As the children grew older, the trustee was able to make distributions from the trust to cover their educational expenses and provide necessary support while ensuring the funds were safeguarded and used wisely.

Case Study 3: Court-Appointed Custodian

Michael, a policyholder, named his minor son, Ethan, as the beneficiary of his life insurance policy. However, Michael failed to designate a trustee or establish a trust for Ethan’s benefit. As a result, the insurance company was required to pay the proceeds to a court-appointed custodian.

The court appointed Ethan’s grandfather as the custodian of the funds, but without any specific instructions or guidance, the management and use of the funds became subjective. The custodian had the authority to decide how the money would be used for Ethan’s benefit but lacked clear direction.

Over time, disagreements arose within the family regarding the custodian’s decisions, leading to legal disputes and strained relationships.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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