When a minor inherits property in Texas, the law requires someone to manage the inheritance until the child turns 18. Understanding how inheritance laws apply to minors in Texas helps you ensure that your child’s inheritance is protected and properly handled.
Guardianship of the minor’s inheritance
In Texas, a minor cannot directly control the property they inherit until they reach 18. The court will appoint a guardian to manage the minor’s inheritance until the child is old enough to handle it. If the minor’s parents are deceased, a relative or another trusted person can serve as the guardian. The guardian is responsible for overseeing the inheritance and making decisions on behalf of the minor.
Setting up a trust for minors
Many people set up a trust to protect a minor’s inheritance. A trust allows a designated trustee to manage the inheritance until the child reaches a certain age. The trustee can use the assets for the minor’s benefit, such as covering educational or medical expenses. Trusts give you control over when the child can access the inheritance, often after reaching a specific age, like 21 or 25.
Inheriting property through a will
If a minor is named in a will, the court oversees the property or assets they inherit until they turn 18. Parents can specify in the will that the child should receive the inheritance at a later age, such as 21 or 25. The court will hold the assets in trust until the minor reaches the specified age and can manage the inheritance independently.
Role of the court
When a minor is set to inherit a large amount of property, the court may become involved to ensure proper management. The court will appoint a guardian ad litem to represent the minor’s best interests during the probate process. This ensures the inheritance remains protected until the minor reaches adulthood.
For parents with minor children, setting up a will or trust in your estate plan ensures that the child’s inheritance remains secure and aligned with your wishes.