Minor Kids Make Bad Beneficiaries

Vested Partners A Multi-Family Office Blog

They're cute and all, but children cannot manage an inheritance, and neither can anyone else without heading to court

Do you have life insurance or a retirement account with children under the age of 18 listed as beneficiary?  It’s a bad idea.

A person under the age of 18 in Virginia cannot transact business for themselves.  That means they cannot sign beneficiary claim forms.  Many people think that a parent can sign on behalf of a child by virtue of being the child’s mother or father.  This is not the case in Virginia.

In order for someone to be able to access an inheritance or other assets on behalf of a child in Virginia, they must first petition the circuit court to become the “Guardian of the Estate of a Minor.”  This involves hiring an attorney to file the petition, having another attorney appointed as Guardian ad litem for the child, and going before a judge for a hearing.  (That’s two attorneys to pay for!) After being appointed as guardian of a minor’s estate, you must typically be bonded (which means the minor’s estate pays a yearly insurance premium), and you must file yearly accountings of what has happened with the funds, along with filing fees.  You are very limited in what the funds can be used for as you are preserving the minor’s assets.

The scary thing is when the child turns 18 – BOOM! – they have access to the funds.

A much better plan when you potentially have minor children as beneficiaries of your estate, life insurance, or other assets, is to establish a trust for the children.  If you establish a trust for the child, you pick the trustee and therefore the person that will manage the trust.  There will be no bond premiums to pay or reports to be filed with the court.  Best of all, you choose what the funds can be used for, and when the child gets distributions.  Trusts can be drafted in many ways to suit your particular situation, including making distributions over time.

If you have children in your life who may become beneficiaries of your assets when you die, planning ahead is such a gift to them.

Client Success Stories

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Amy Meacham
May 5, 2026.
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Very professional and knowledgeable.
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Hunter Wimmer
March 27, 2026.
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[Financial folks have commented on how comprehensive and succinct my mom's estate package was. Her estate was settled in less than 4 months after her death] ... Robyn and her crew made this process incredibly easy. The documentation they drew up (will, trust, POA, and AMD) was very easy to understand as a layperson and very easy to execute — especially the will part (tip: have one person be the executor and trustee – and have them handle all of the personal effects/cars/jewelry. Robyn will explain). They were also available "after the sale" to help me through the process of settling the estate with very actionable and practical advice that saved me heartache and headache. They have a no-nonsense and very "real" way of constructing language that is clear and purposeful without the bloviated lawyer tone. On the flip side, my father in Florida paid half as much but I've had to pay other lawyers 20X as much to sort through the mess he left... and they can turn 12 words into 250 and charge you double for each vowel. Do it right the first time, because you don't get a do-over with this stuff. If you're looking for a comprehensive, simple, supportive estate-package, Robyn is the person to turn to. If you hate your kids and want to inflict pain after your death, prompting your kids to burn photos of you, I've got a guy in Vero Beach, FL you can call (rhymes with "dawn").
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Ann Hawley
February 19, 2026.
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Having been unaccustomed to working with attorneys, I was a little apprehensive on my first meeting with Robyn Smith Ellis and her staff. They all made me very comfortable and at ease. Robyn was quick to understand the reason for my visit, and did some research we both could see on her big screen. She would need to obtain some information from the Courts before we meet again. I also needed to set up my will, POA and other estate papers. These were ready to peruse, make any necessary updates and sign at my next visit, along with the main reason for my initial visit. I would recommend Robyn Smith Ellis and her competent team for any need you may have, Elder law, family or business.
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Jeff Martin
February 6, 2026.
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I am very thankful to Vested Partners for helping me process my will. They were very kind and easy to work with! I would recommend them to anyone.
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Cris Flippen
October 17, 2025.
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My husband and I are very pleased with the services received from Robin Ellis and Vested Partners. Everything was very clear and all of our questions were answered in a personal and professional manner. We have a peace of mind that our adult children and grandchildren will have minimal issues settling our estate after our departures.
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LISA K. Taylor
August 29, 2025.
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Robyn and her team at Vested Partners did an excellent job for us. We enjoyed working with them and would highly recommend her.
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Melissa Howell
April 17, 2025.
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Robyn has been incredibly helpful in helping me deal with my wife’s estate. She helped me figure out whether or not to sue the hospital, and provided essential information that not only eased my anxiety, but helped me financially. I am very grateful to her and her firm. M. Howell
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Terri Hancock
April 1, 2025.
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Robyn Ellis is a nice person to work with.She was very informative and she answered all of our questions and took time with us to do that. I definitely would recommend her.
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Sue Seaman
February 20, 2025.
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Vested Partners was recommended to us by our daughter, We had no idea how to begin planning for our future, Robyn provided expert advice to help us decide what was best for our family. She and her staff were professional and worked to put our plan together in a timely manner and at a reasonable cost. Thank you for your support! The Seaman's

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