What is the Law Concerning Distribution of Assets to Minor Children?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

“What is the law concerning the distribution of assets like a diamond ring to a minor child.  Can the executor decide to hold it in a trust for the child on his own, even though the will doesn’t mention a trust?  Or do the child’s parents or guardians have the say about when and how the child receives the ring?”

This depends on the language in the will.  If the will is silent on the manner in which the assets are to be distributed OR leaves those decisions to the executor, then it is possible to set up some formal arrangement like a trust to distribute the ring.  However, if there is language in the will controlling the distribution, then the executor must abide by the wishes of the deceased.