Looking for opinions on differing distribution times for sibling heirs

FedRetired50

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I've seen discussions here about the pros and cons of giving different percentages to siblings, with the general consensus that it causes problems. This isn't that discussion, my 2 daughters will be getting 50/50 of the remainder of my estate. Likely close to a half-mil each. My question is about pros and cons of setting up different distribution times in a testamentary trust.

In this case, 23 y/o daughter appears to be fiscally responsible and otherwise responsible about her life; she's 2 years into a career already making 6 figures, and will finish her BS in about a year. If I disappeared tomorrow I'd be comfortable with her getting some earnings annually, maybe 2.5% max, and 50% of principal at ages 25 and 35. Ideally a really nice down payment on a house before starting a family with her fiance, and a boost to her own FIRE plans later. Not that I'm dictating what she does with it, that's just what I think she would do. I don't think it would be squandered.

Then there's my 25 y/o daughter that still lives with me, has been fiscally irresponsible, has never worked full-time, and while she's finished 2/3 of a BS (AA + 1 semester at a 4-year), she hasn't worked on it for a few years. I've sat down with her and worked through multiple iterations of a budget that would let her be financially independent in the short-term (including moving out). And I've walked her through a plan on how to save to be financially independent in the long-term. Likely not FIRE for her, but 65 is better than never. All of this has made it clear that she needs to work full-time (and then some, to pay off a debt) and finish off the degree which would allow her to boost her income even more. I have no doubt that an immediate distribution at 25 and one later at 35 would be quickly spent. And annual earnings distributions will be smoke in the wind.

I've considered multiple options. Each has pros and cons, especially the last one.

Option 1: 2.5% annual earnings paid annually, and I say the heck with it and stick with 50% principal distribution at ages 25 and 35. This is completely equitable, and allows the youngest to get access to the money sooner to the benefit of her family. But likely stunting the growth of the oldest.

Option 2: 2.5% annual earnings paid annually, 50% principal distribution to both when the youngest turns 25 (oldest would be 27), second distribution to both when the youngest turns 35 (oldest would be 37). This appears equitable, and arguably is, but is also a way to delay the payout to the oldest by 2 years, hoping that some additional life wisdom will accrue. But again likely stunting the growth of the oldest.

Option 3: 2.5% annual earnings paid annually, 50% principal distribution to both when the youngest turns 30 (oldest would be 32), second distribution to both when the youngest turns 40 (oldest would be 42). This appears equitable, and arguably is, but is also a way to delay the payout to the oldest by 7 years, hoping that even more life wisdom will accrue. Unfortunately it also delays the first distribution to the youngest by 5 years, when she could have used it for that house. Punishing one to hopefully help the other.

Option 4: Nuclear option. 2.5% annual earnings paid annually, 50% principal distribution when the youngest turns 25 and the oldest turns 35, second distribution when the youngest turns 35 and the oldest turns 45. Obviously not equitable and likely to cause strife. But, maybe still necessary to give the oldest a chance to find their financial acumen. Maybe.

How have you, or think you would, handle this?
 
I guess I don't understand testamentary trusts well enough to comment on the options.

In general, I've been of the opinion that you treat each child individually and don't insist on treating them "equally." We have always helped our kids with what we thought they needed (not necessarily what they wanted). We have "rewarded" good behavior and refused to fund behavior we didn't approve of.

We have kept track and we MAY true things up at some point - but we may not.
 
I have a couple of beneficiaries that aren't responsible and if they blow through their inheritance from me that's their problem. I think of this like any gift, once my gift goes to you it is yours to do with as you please. I hate to receive a gift from my one sister because it feels like there are strings attached. She actually told me if I didn't like the sweater she gave me that I could give it to her. I gave it back to her but every gift from her is that way. If I receive a gift from someone isn't it mine to do with as I please.
My one sister was like your 25yo. worked part time, didn't finish her degree and lived with my parents. My grandparents sat my parents down and told them to stop babying the baby daughter. My parents gave her a time limit to get a full time job and move out. Are you maybe making it too easy for her? None of us know all the circumstances of your family and we are all different so please don't take offense.
 
Always a toughie and one we struggle with as well.

A trust-funded acquaintance only gets his yearly benefit if he remains fully employed each year. Yup, even a job at Walmart counts to get himself a few hundred grand a year.

Another option would be to just mete out a portion to each, very slowly, say $25k (pretty much forever). Unfair to the "good" daughter who really doesn't need the help but protective of the one who could do damage with a large sum.

We have 9 nieces and nephews who will inherit a significant amount each with one niece who will likely go way off the rails as a result. After a lot of thought, we just decided to distribute evenly and let the chips fall as they may.
 
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How much will the manager of the trust receive over time?
 
For us, we have recently decided to skip the children and instead focus on providing for the grandchildren...currently ages 6-16. We have no idea how well these kids can manage money, although all 3 sons have done well financially. and we expect all 6 grands will learn from their parents. We specified in the trust that any of our remaining funds will be available to the grandkids once they reach 30 years of age. We will review the trust details every 3 years.
 
I guess I don't understand testamentary trusts well enough to comment on the options.

In general, I've been of the opinion that you treat each child individually and don't insist on treating them "equally."
Goes into effect upon execution of the will, there will be a trustee to keep an eye on the money and distribute it as per the instructions in the will.

One vote for individual treatment, meeting each child's needs even if they aren't equal.
 
I have a couple of beneficiaries that aren't responsible and if they blow through their inheritance from me that's their problem. I think of this like any gift, once my gift goes to you it is yours to do with as you please.
A good point. Like giving $5 to the guy on the corner. Might go to booze, but that's his decision.
My one sister was like your 25yo. worked part time, didn't finish her degree and lived with my parents. My grandparents sat my parents down and told them to stop babying the baby daughter. My parents gave her a time limit to get a full time job and move out. Are you maybe making it too easy for her? None of us know all the circumstances of your family and we are all different so please don't take offense.
No offense taken, I opened the floor up to public input. Additional info I didn't have in my original post: Her mother and I had always promised both kids that their 529s would cover community college + 2 years at a university, and if they stayed local they could live at home for free. Oldest started off that way, completing her AA in the middle of the covid mess, and even worked part-time. Then completed one semester at a local university. Then got a "full time" job at a local school (6.5 hours per school day x 180 school days ends up being half-time, but in her mind it was full-time) which lasted 5 years. I let it go, and still didn't charge rent for a while hoping she would get back to it after a break. She was fired from that job in May, and soon after got a job that was supposed to be full time but 6 months later is still only 3 days a week. Refuses to get a 2nd job or a different job that will be full time. Gives me lies and excuses. The biggest being that her ADHD is the reason for everything that goes wrong in her life and why she can't work full-time. She was on meds back in grade school, but refuses to try them again. I asked her to start seeing a therapist to find coping methods so she can be a fully functioning adult, but says the therapist says she's doing everything right. I doubt she's telling the therapist some vital info, but my daughter won't let me meet with the therapist... SMH. Back when she lost her job she told me she had no money, so I fronted her all her bills for a few months. But when I sat down to examine her income/outflow to develop a budget I discovered she had plenty of money and spent over $1k on tick tock alone one month. I wanted to scream, but I held my tongue. I also haven't mentioned that on her days off she sleeps in until 3 and plays video games for 12 hours. Sounds like a cliche but true for her. I recently gave her the offer that if she went back to school and successfully completed 2 classes next semester, while continuing to work 3 days a week, I'd pay for part of her rent. I'm waiting on an answer for that. But I've also made it clear that everything she owes me (rent plus reimbursement for healthcare, and by September car insurance) is due no later than the 1st and if it isn't paid she will move out. So I've made a last-ditch offer to get that degree finished, and have tightened my policy about getting paid (she was often late before). And I will follow through.
 
A trust-funded acquaintance only gets his yearly benefit if he remains fully employed each year. Yup, even a job at Walmart counts to get himself a few hundred grand a year.
Oh to have that situation!
Another option would be to just mete out a portion to each, very slowly, say $25k (pretty much forever). Unfair to the "good" daughter who really doesn't need the help but protective of the one who could do damage with a large sum.
Already planning on annual earning distributions which will be about $12.5k to each of them, assuming earnings are positive for the past year. It will be less if earnings are below 5%
We have 9 nieces and nephews who will inherit a significant amount each with one niece who will likely go way off the rails as a result. After a lot of thought, we just decided to distribute evenly and let the chips fall as they may.
Another vote for treat them equally.
 
How much will the manager of the trust receive over time?
That will be my brother and I haven't discussed that with him yet. He will have little to do. Invest it all in VTSAX, pay out the annual distributions, make the 2 big distributions, and I'm allowing a one-time payout towards a wedding for each kid. Otherwise sit there and watch it grow.
 
Your signature says you're only 53 years old, and your post here says your daughters are 23 and 25. Is there some reason you expect to die in time for a testamentary trust to distribute 50% of their inheritances to either of your daughters at age 25?

If you are currently in decent health and expect to live a normal lifespan, then wouldn't you do better to focus on how you can help your 25-year-old while you are still living?

It sounds like she was doing OK until that first semester in the 4-year college. Have you tried to find out what happened to cause her to lose interest? Or has she always been irresponsible and she made it through community college only because it was easy and/or fun?
 
A good point. Like giving $5 to the guy on the corner. Might go to booze, but that's his decision.

No offense taken, I opened the floor up to public input. Additional info I didn't have in my original post: Her mother and I had always promised both kids that their 529s would cover community college + 2 years at a university, and if they stayed local they could live at home for free. Oldest started off that way, completing her AA in the middle of the covid mess, and even worked part-time. Then completed one semester at a local university. Then got a "full time" job at a local school (6.5 hours per school day x 180 school days ends up being half-time, but in her mind it was full-time) which lasted 5 years. I let it go, and still didn't charge rent for a while hoping she would get back to it after a break. She was fired from that job in May, and soon after got a job that was supposed to be full time but 6 months later is still only 3 days a week. Refuses to get a 2nd job or a different job that will be full time. Gives me lies and excuses. The biggest being that her ADHD is the reason for everything that goes wrong in her life and why she can't work full-time. She was on meds back in grade school, but refuses to try them again. I asked her to start seeing a therapist to find coping methods so she can be a fully functioning adult, but says the therapist says she's doing everything right. I doubt she's telling the therapist some vital info, but my daughter won't let me meet with the therapist... SMH. Back when she lost her job she told me she had no money, so I fronted her all her bills for a few months. But when I sat down to examine her income/outflow to develop a budget I discovered she had plenty of money and spent over $1k on tick tock alone one month. I wanted to scream, but I held my tongue. I also haven't mentioned that on her days off she sleeps in until 3 and plays video games for 12 hours. Sounds like a cliche but true for her. I recently gave her the offer that if she went back to school and successfully completed 2 classes next semester, while continuing to work 3 days a week, I'd pay for part of her rent. I'm waiting on an answer for that. But I've also made it clear that everything she owes me (rent plus reimbursement for healthcare, and by September car insurance) is due no later than the 1st and if it isn't paid she will move out. So I've made a last-ditch offer to get that degree finished, and have tightened my policy about getting paid (she was often late before). And I will follow through.
I'm so sorry you are going through this. We have been fortunate that our kids all wanted to be independent and successful. You may need to be even more demanding of your DD to toe the line.

Curious if she has any substance abuse issues. It sorta sounds like it but I hesitate to cast aspersions.

I do hope you get DD on track. Please keep s posted.
 
I am a bit confused, as it seems you are planning on your trust to begin distributions in the next few years? To me that means you are not expected to live very much longer? ( you do not need to explain, I respect your privacy)

I get the frustration with a child/adult with ADHD. I have one also. It is a life long struggle, learning how they best learn and function in life. Our child did much better once out of high school for some reason.

Perhaps an online or local chapter of CHADD might help. It is an agency that provides support, advocacy and education for ADHD people and families.

Best wishes to you and your family.
 
A lot of wealthy folks create an incentive trust or an earned income-matching trust with capped amounts in case one sibling is high income and the other is low income. No income, no inheritance, in essence. You would be subsidizing earned income and earned income is a good thing.

McDonalds pays $20/hour here in California. Even a lazy person might be incentivized to take a minimum wage job if it means getting paid double.
 
FWIW My brother got the ADHD diagnosis and lives in the home we grew up in. I moved across the country and managed to retire early (under 50). I'm pretty sure I don't get anything and I'm fine that my brother gets the homestead. Maybe there are a lot of other options to consider beyond distributing funds after your demise. I'm not suggesting a 30yo in the basement, but something that enables more independence than what you describe as the current situation. I know it's hard...
 
Good luck OP. This falls into more of a parenting problem than a $ issue. I've always told my kids "My love is unconditional, but my wallet has strings". DW and I don't have a set plan. Our kids have both launched. I'm about ready to send out the Christmas checks. Our kids and their spouses get 1K each. Nephews and nieces get $300 each. The kicker is they are all doing well and none need the $. We also fund (they never ask) plane tickets, car tires, car batteries, etc... Nut is growing and next year it might be 2k per kid. We'll see.

What I think I would do with your at home daughter is sit down with her and say something like this: "Daughter, sometime soon, you will not live in this house. The long-term solution to your happiness is to not live in this house with us. You pick the timeline. It can be anytime between now and 18 months from now. The clock starts now. When the clock stops 18 months from now you will not be living in this house. Your mother and I will help you in any way possible to smooth the transition from where we are now to you living somewhere else independently. Take some time and let us know what the plan is. We will gladly assist in planning with you to achieve this end result." Regardless of how good or bad that conversation/plan turns out, I would just give each daughter the same amount each year. Maybe give a one-time payment to daughter #2 for a down payment on a house telling the other daughter you will do the same for her if and when SHE buys a house on her own credit.

Good luck.

FYI my DW will be FED retired sometime in 2026. We are already both retired military.
 
Your signature says you're only 53 years old, and your post here says your daughters are 23 and 25. Is there some reason you expect to die in time for a testamentary trust to distribute 50% of their inheritances to either of your daughters at age 25?
I've had a version of this in my will for a while already, and I'm currently rewriting my will. I worked for Social Security during my career so I fully understand that a bus comes for all of us sooner or later. And yes, it could be next week.
wouldn't you do better to focus on how you can help your 25-year-old while you are still living?
See my reply above to splitwdw.
 
I'm so sorry you are going through this. We have been fortunate that our kids all wanted to be independent and successful. You may need to be even more demanding of your DD to toe the line.

Curious if she has any substance abuse issues. It sorta sounds like it but I hesitate to cast aspersions.

I do hope you get DD on track. Please keep s posted.
Thank you. I agree I will need to be more firm in the future.

Addictions definitely run in my ex's family. Ex's uncle and my ex for starters (it ended our marriage). My ex had two, one was a spending addiction and I'm certainly worried that I'm seeing the beginning of that same problem with my kid.
 
I am a bit confused, as it seems you are planning on your trust to begin distributions in the next few years? To me that means you are not expected to live very much longer? ( you do not need to explain, I respect your privacy)
Nope, I'm planning on another 30+ years! Just cognizant of the potential for a bus to fall on me next week. :)
I get the frustration with a child/adult with ADHD. I have one also. It is a life long struggle, learning how they best learn and function in life. Our child did much better once out of high school for some reason.
Definitely frustrating. And with so much progress, until there wasn't.
Perhaps an online or local chapter of CHADD might help. It is an agency that provides support, advocacy and education for ADHD people and families.

Best wishes to you and your family.
Thank you for the advice, I'll look into that.
 
A lot of wealthy folks create an incentive trust or an earned income-matching trust with capped amounts in case one sibling is high income and the other is low income. No income, no inheritance, in essence. You would be subsidizing earned income and earned income is a good thing.

McDonalds pays $20/hour here in California. Even a lazy person might be incentivized to take a minimum wage job if it means getting paid double.
Oooo, while I'd heard of this before it didn't click until your suggestion. Just added it to the draft of my will. Thanks.
 
What I think I would do with your at home daughter is sit down with her and say something like this: "Daughter, sometime soon, you will not live in this house. The long-term solution to your happiness is to not live in this house with us.
Unfortunately her mother (my ex) has been less than helpful in the last few years as I've started dealing with this. She thinks charging her rent is a step too far! We get along fine, but she just wants to enable and not push. As for setting a deadline, that has been mentioned, although not with a hard deadline yet. I'm getting married in a few months and we could consolidate households any time after that, although it may still be a year or two since my fiance's work situation isn't as firm as it used to be (she works for NOAA). Keeping both houses for a while may be necessary to be flexible. But, I will have to do some thinking about setting a deadline for daughter. Thanks.
Maybe give a one-time payment to daughter #2 for a down payment on a house telling the other daughter you will do the same for her if and when SHE buys a house on her own credit.

Good luck.

FYI my DW will be FED retired sometime in 2026. We are already both retired military.
Another idea that I could add to the trust instructions instead of timed payouts. I'd already thought to add a payment for when they get married. Buying a house could be similar. Thanks. I'll consider it. And congrats! I loved my Fed career.
 
I'll second the notion that the older daughter needs tough love now. I know it is hard to shift from delaying / hoping / wishing / cajoling to expecting / requiring / insisting but I think you'll be doing her a favor in the long run and I hope she'll thank you in five or ten years. You and her mother will probably also grow as people as a result. I know I've had to grow in the process of raising my three (30DS, 25DS, 22DD) - it has been hard sometimes but the payoff has been worth it for me.

I like the idea of incentives tied to goals you'd like to support. That way it's "equal" because both girls get $25K for a house down payment, but rewards the more responsible one.

I think incentives are far better and easier to manage while you're alive, so I'd probably start implementing the incentive stuff now and do them early and often. $5K reimbursement for Roth IRA contribution, $10K for a college degree, whatever.

If you haven't read "Die With Zero" yet, it's the book that changed my approach to passing on my wealth. I originally was going to follow my parents' example and just leave it to them when I died, but now I'm passing it along sooner and I think it will end up being better.
 
I've had a version of this in my will for a while already, and I'm currently rewriting my will. I worked for Social Security during my career so I fully understand that a bus comes for all of us sooner or later. And yes, it could be next week.

See my reply above to splitwdw.
Ah, I didn't know your 25-year-old has/had ADHD. On the CDC website (ADHD in Adults: An Overview) it says among other things "Symptoms may also become more severe when the demands of adulthood increase." So it may be that she will need ongoing extra help of some sort all her life.

I have a young-adult nephew with Asperger's. He is currently doing very well, living in an apartment of his own (but in the same city as his parents) and successfully holding down a mostly-WFH software job. But both his older brothers know that after their parents die it will be up to them to make sure he continues to be OK.
 

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