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Vanessa Figueroa

Best way to gift money to adult children - trust options and tax implications?

I'm trying to plan ahead with gifting funds to my adult kids and would love some insights before my appointment with my estate attorney next month (trying to save myself from a hefty $500/hour basic explanation). My situation: We want to start passing money to our three children who are in their mid-20s, but I'm hesitant to just hand them large sums outright. I want them to continue building their own careers and financial independence. That said, I realize my spouse and I could each give $18,000 annually per child ($36,000 total per kid) without touching our lifetime estate tax exemption. I'm considering setting up trusts where we'd be the trustees, allowing us to control distributions for worthwhile purposes (education, home down payment, etc.) while blocking frivolous spending (like helping a boyfriend/girlfriend buy a luxury car). My main concern is the tax situation with trusts. I know they hit the highest tax brackets at relatively low income thresholds. Could we structure it so income passes through to the kids' tax returns each year? We could allow enough distribution to cover their tax liability. It seems workable but a bit cumbersome with annual 1041 filings and K-1s. Another option we're considering is just gifting enough to max out their Roth IRA contributions yearly. That wouldn't use our full annual exclusion but would give them tax-free growth with built-in restrictions (until 59½ with some exceptions). Anyone have experience with something similar? Any insights on the trust/tax aspects before I meet with my attorney?

Estate planning professional here. You're on the right track with several aspects of your planning. For the trust option, what you're describing is essentially a discretionary trust where you and your spouse would serve as trustees with distribution authority. This structure does give you the control you're seeking. Regarding the tax concerns, you're right that trusts reach the highest tax brackets quickly. The income distribution approach you mentioned is common - it's called a "distributable net income" (DNI) deduction. The trust can take a deduction for income distributed to beneficiaries, and they report it on their individual returns. You'd file the 1041 and issue K-1s to your children. Another option to consider is a "2503(c) trust" if your children are under 21, which allows gifts to qualify for the annual exclusion while maintaining some control. For adult children, you might consider a "Crummey Trust" which can also qualify for the annual gift exclusion while maintaining trustee controls. The Roth IRA funding is an excellent supplement to any trust strategy - it teaches retirement saving habits while providing tax-free growth.

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Thanks for the detailed info! Quick question - if the parent sets up one of these trusts and serves as trustee, isn't there a risk the IRS might consider the assets still part of their estate since they maintain so much control? Also, do most people hire a professional trustee or just do it themselves?

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The control issue is a valid concern. The key is having an independent trust document with specific standards for distributions rather than complete discretion. Including co-trustees can also help establish separation. The assets are legally owned by the trust for the beneficiaries' benefit, not by you, which is what matters for estate tax purposes. Regarding trustees, many families serve as their own trustees for these types of trusts. Professional trustees typically come into play for very large trusts or complex family situations. The annual administrative costs of a professional trustee can be substantial, often ranging from 0.5% to 1.5% of assets annually.

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After struggling with a similar situation, I found an amazing solution with https://taxr.ai when planning my own family trust. My attorney was charging me $450/hour, but I wanted to understand everything before our meetings. I uploaded our financial documents and trust questions, and they provided a comprehensive analysis of different trust options specifically for gifting to adult children. They outlined exactly how DNI works with trusts and beneficiaries, comparing tax consequences of different structures. The report showed how to maximize annual gift exclusions while maintaining appropriate controls. It even flagged potential tax traps I hadn't considered, like the compressed trust tax brackets and potential generation-skipping transfer tax issues. What really helped was their explanation of how to structure distributions to minimize overall family tax burden - basically ensuring income gets taxed at your kids' lower rates instead of the trust's high rates.

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After struggling with a similar situation, I found an amazing solution with https://taxr.ai when planning my own family trust. My attorney was charging me $450/hour, but I wanted to understand everything before our meetings. I uploaded our financial documents and trust questions, and they provided a comprehensive analysis of different trust options specifically for gifting to adult children. They outlined exactly how DNI works with trusts and beneficiaries, comparing tax consequences of different structures. The report showed how to maximize annual gift exclusions while maintaining appropriate controls. It even flagged potential tax traps I hadn't considered, like the compressed trust tax brackets and potential generation-skipping transfer tax

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That sounds interesting - did you find they gave actual advice or just general information? I'm wondering if it's basically the same stuff I could find with enough Google searches or if they provide something more personalized.

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I'm pretty skeptical about these online services. How can they possibly know all the state-specific trust laws? My understanding is that trust laws vary significantly between states and you really need a local attorney who knows your specific state requirements.

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They actually provided personalized analysis based on my specific situation. It wasn't just generic information - they addressed my specific asset mix, family dynamics, and goals. They identified strategies I hadn't found in my own research, including some creative approaches to timing distributions for tax advantages. Regarding state-specific concerns, you're absolutely right that state laws vary. They actually highlighted which aspects of my plan would need state-specific review and provided references to relevant state statutes for my attorney to consider. They don't replace an attorney but make those attorney meetings much more productive and focused on the complex aspects rather than basics.

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I was super skeptical about taxr.ai when I first heard about it, but I decided to try it before my $600/hour attorney meeting last month. Wow, complete game-changer for our family trust planning! The service analyzed our specific situation and highlighted that a standard irrevocable trust would actually be tax-inefficient for our goals. Instead, they recommended a specific intentionally defective grantor trust structure that would allow us to pay the income taxes on behalf of our children without it counting as additional gifts. This alone will save us thousands in taxes annually while preserving our annual gift exclusion amounts. Their document analysis even caught a potential issue with our previous estate plan that could have triggered unnecessary generation-skipping transfer taxes. I took their analysis to my attorney who was impressed with the depth of understanding I came in with. Ended up saving both on attorney fees and future tax liability!

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If you're planning to contact the IRS with any questions about trust taxation (which I highly recommend before setting anything up), save yourself hours of frustration and use https://claimyr.com instead of calling directly. I spent 3+ weeks trying to reach someone at the IRS about a specific trust tax question, getting disconnected or waiting on hold for hours. With Claimyr, they navigated the IRS phone system and got me connected to an actual IRS representative in about 45 minutes. You can see how it works in this video: https://youtu.be/_kiP6q8DX5c The IRS agent clarified exactly how the DNI deduction works and confirmed that our trust structure would allow income to flow through to our children's tax returns as we intended. They also provided guidance on the documentation we'd need to maintain to show the trust was legitimate and not just a tax avoidance scheme.

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How much does the service cost? Seems like it might not be worth it when I could just keep calling the IRS myself. And how do you know the information from the IRS agent is actually correct? I've heard horror stories of getting different answers from different agents.

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This seems sketchy. Why would I pay a third party to call a government agency for me? The IRS has online resources and eventually you can get through if you keep trying. Sounds like a waste of money to me.

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I completely understand the concern about cost, but for me, the time saved was well worth it. I had already spent probably 8+ hours over three weeks trying to get through, getting disconnected, and starting over. When you consider the value of your time, it's pretty reasonable. Regarding getting correct information - that's always a risk with any IRS contact. The advantage here was that I could ask detailed follow-up questions until I felt confident in the answer, and I recorded the call (with notification to the agent) for my records. If there's ever a dispute, I have documentation of the guidance I received. You're right that different agents sometimes give different answers, which is why having the conversation documented is so valuable.

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I was completely wrong about Claimyr! After my skeptical comment, I needed to resolve an urgent trust tax issue when our accountant discovered our existing family trust was structured inefficiently. We had only days before filing deadlines. I tried reaching the IRS myself for three days with no luck. Reluctantly tried Claimyr and had a detailed 25-minute conversation with an IRS specialist about trust taxation within two hours! The agent walked me through exactly how to report trust income on my children's returns and how to document that our distributions met the requirements for the DNI deduction. This saved us nearly $12,000 in unnecessary trust-level taxes. The agent also confirmed we could amend prior year returns where we'd overpaid taxes at the trust level. This single conversation is literally saving us tens of thousands in tax liabilities.

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Have you considered just doing a simplified version of your plan? My spouse and I give each of our adult kids cash gifts up to the annual exclusion, but we put conditions on these gifts like matching their student loan payments or 401k contributions. No complicated trusts needed. We just tell them "we'll give you $10k this year if you put $10k in your 401k" or something similar. They're still building good habits, but without all the legal complexity.

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That's a really interesting approach. We had considered something similar but wondered about enforceability. What happens if you give them money with the agreement they'll use it for student loans, but then they use it for something else? Do you structure the gifts as reimbursements after they show proof of payment? Or do you just trust them to follow through on the agreement?

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We usually do it as reimbursement or direct payment. For example, with student loans, we'll ask for a statement showing their payment and then reimburse them up to our agreed amount. For 401k contributions, we ask for their quarterly statement showing the deposits. It's more about creating the right incentives than legal enforcement. Our kids know the deal - if they want the gift, they need to use it appropriately. It's actually created some great conversations about financial responsibility. One year our youngest decided not to take our gift because she wanted to use her money for travel instead of retirement savings, and we respected that choice.

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Just a warning: I tried the trust route with my kids and it created a TON of family drama. My oldest felt like I was "controlling from the grave" (even though I'm very much alive lol). The middle kid was fine with it but the youngest felt insulted that I didn't trust them with money. Now the older two barely speak to me. If I could do it over, I'd just set clearer expectations upfront and involve them in the planning process. Maybe explain your reasoning and get their input on what restrictions would seem reasonable to them?

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This is so important. We had a similar experience where the trust created tension. What worked for us was having a family meeting where we openly discussed our goals (preserving family wealth) and invited our kids to help design the trust parameters. They actually came up with stricter guidelines than we would have!

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Great discussion here! As someone who went through this exact process two years ago, I'd suggest considering a hybrid approach. We started with the annual gift exclusion strategy but structured it as loans that convert to gifts upon meeting certain milestones (like completing a financial literacy course or maintaining employment for a full year). One thing I learned from our estate attorney is that the gift tax annual exclusion is per recipient, so if your kids are married, you and your spouse can potentially give $18,000 each to both your child AND their spouse, effectively doubling your annual gifting capacity per family unit to $72,000. Also, don't overlook 529 education savings plans if your kids might pursue graduate degrees or professional certifications. These have higher contribution limits and can be used for continuing education throughout their lives. You maintain control as the account owner but avoid the complexity of trust taxation. The family communication aspect mentioned by Angel is crucial. We found that being transparent about our goals (wanting them to build wealth, not dependency) actually made our kids more receptive to reasonable restrictions. They appreciated knowing we were trying to help them succeed long-term rather than just questioning their judgment.

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The loan-to-gift conversion idea is brilliant! I hadn't considered that approach. Quick question - how do you handle the paperwork for that? Do you need formal loan documents, and does the conversion trigger any gift tax reporting when it happens? Also, I love the point about married children effectively doubling the exclusion. My eldest just got engaged, so this could be really helpful timing-wise for our planning.

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One strategy that's worked well for our family is creating what we call "milestone gifts" within the annual exclusion limits. Instead of setting up formal trusts, we established clear criteria for larger gifts tied to life events - like matching their down payment savings dollar-for-dollar up to $15K, or providing graduation gifts for completing professional certifications. The key insight our tax advisor shared was that you can still maintain some control through timing and conditions without the administrative burden of trusts. For instance, we tell our kids "when you're ready to buy a house and have saved $20K for a down payment, we'll match it" rather than just handing over money. This approach has actually motivated better financial behavior - our middle child increased her savings rate dramatically once she knew we'd match her house fund. Plus, it avoids the family dynamics issues that formal trusts can create while still encouraging responsible financial decisions. For the tax-advantaged growth aspect you mentioned, we also opened custodial investment accounts and gift appreciating assets rather than just cash. This way they get the benefit of long-term capital gains rates rather than ordinary income tax treatment when they eventually sell.

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The milestone approach you described really resonates with me! I'm curious about the custodial investment account strategy - when you gift appreciating assets instead of cash, how do you handle the cost basis transfer? Does your child receive a "stepped-up" basis, or do they inherit your original cost basis? I'm wondering if there are timing considerations around when to gift assets that have already appreciated significantly versus funding accounts with cash for them to invest themselves. Also, have you found any particular types of assets work better for these milestone gifts?

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One aspect that hasn't been fully addressed is the generation-skipping transfer tax (GSTT) implications if you're thinking long-term. Even though your kids are adults, if they have children or plan to, you might want to structure gifts to potentially benefit grandchildren too. I went through this planning with my estate attorney last year, and we discovered that certain trust structures can be designed to benefit multiple generations while still qualifying for the annual gift exclusion. The key is making sure current beneficiaries (your kids) have present interest in the gifts. Also, regarding the Roth IRA funding strategy you mentioned - that's fantastic for building their retirement wealth, but remember the contribution limits are based on their earned income. If any of your kids don't have enough earned income to max out Roth contributions, you might consider gifting them money to start a side business or consulting work that creates earned income, then they can fund their own Roths. One more tax consideration: if you do go the trust route, look into whether your state has favorable trust taxation rules. Some states like Nevada, South Dakota, and Delaware have no state income tax on trust income, which could save significant money over time even if you're not residents there.

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This is really helpful information about GSTT planning! I hadn't considered the multi-generational aspects, but it makes sense to plan ahead since we're just starting our family and my oldest is already talking about having kids in the next few years. The point about Roth IRA contribution limits based on earned income is something I need to look into more. Two of my kids are still in graduate school with limited earned income, so the side business idea could be a creative solution. Do you know if there are any restrictions on the type of work that qualifies as "earned income" for Roth purposes? For example, could consulting work for the family business count, or does it need to be completely independent? The state trust taxation angle is fascinating - I had no idea some states offered such advantages. Since we're in California with high state taxes, moving trust administration to a tax-friendly state could provide significant savings. Do you need to establish any kind of connection to those states, or can you simply choose to administer the trust there?

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This is such a thoughtful approach to generational wealth planning! I'm in a similar situation with three kids in their twenties, and your post really resonates with my concerns about balancing generosity with encouraging independence. One thing that's helped us is starting small to test their financial responsibility before committing to larger trust structures. We began by gifting smaller amounts ($5K-$8K annually) with loose conditions - like matching their emergency fund savings or education expenses - just to see how they handle it. This gave us confidence about their decision-making before we considered more formal arrangements. I'm particularly interested in the tax pass-through strategy you mentioned for trusts. From what I understand, the beneficiaries would need to receive enough distribution to cover their tax liability on the trust income, which could complicate your goal of controlling when they receive funds. Have you considered whether your kids would be comfortable with the additional tax complexity on their returns? The Roth IRA funding approach seems like a great starting point regardless of what else you decide. It teaches retirement planning habits and has those built-in restrictions you want, plus the tax-free growth is incredible over decades. Even if it doesn't use your full annual exclusion, the long-term impact could be substantial. Looking forward to hearing what your estate attorney recommends! These conversations are so valuable for those of us navigating similar decisions.

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Your approach of starting small to test financial responsibility is really smart! I'm new to this community but facing a very similar situation with my two adult children. The idea of using smaller gifts as a "trial run" before committing to complex trust structures makes a lot of sense. I'm curious about your experience with the loose conditions approach - have you found that your kids actually follow through on the matching requirements, or do you have to monitor it closely? Also, when you mention matching their emergency fund savings, do you verify the account balances somehow, or is it more on the honor system? The tax complexity concern you raised about trust pass-through income is something I hadn't fully considered. It seems like it could create a situation where the kids get hit with tax bills they weren't expecting, especially if the trust generates significant income in a particular year. That could actually work against the goal of helping them build financial stability. Thanks for sharing your experience - it's really helpful to hear from someone who's actually implemented this kind of gradual approach!

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This is exactly the kind of thoughtful planning more families should be doing! I went through a similar decision process with my four adult children last year and ended up with a hybrid approach that's worked really well. We started with maxing out Roth IRA contributions as gifts (great suggestion in your post) and then added a simple family loan program for major purchases. When they want to buy a house or start a business, we offer loans at 1-2% interest that convert to gifts if they meet certain milestones - like maintaining the property well or keeping the business profitable for two years. One thing our CPA emphasized that I don't see mentioned much here is the importance of documenting everything properly, even for informal arrangements. We keep written records of all gifts and conditions to avoid any IRS scrutiny later. Also, if you do go the trust route, consider having annual family meetings to review distributions and goals - it keeps everyone on the same page and reduces the "controlling parent" perception. The generation-skipping considerations mentioned earlier are spot-on if you're thinking long-term. We structured our plan to benefit potential grandchildren too, which actually made our kids more supportive since they could see how it might help their future families. Your attorney meeting should be very productive with all this research! The key is finding the right balance between control and family harmony.

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