Mcgann Law Group Blog

How to Leave Your Hard-Earned Cash to Your Grandkids

Written by Nicole J. McGann | June, 13, 2022

As we age, we begin to contemplate the lasting impact we will have on the world around us. For many grandparents, ensuring the financial security of their grandchildren is a top priority. Leaving a financial legacy to your grandkids can be a thoughtful way to support their aspirations and provide them with a foundation for future success.

However, careful planning and consideration are required to ensure that your wishes are carried out as intended. In this article, we will explore how to leave your hard-earned cash to your grandchildren in a professional and strategic manner. Whether you are in the process of planning your estate or simply seeking guidance on the matter, this guide will equip you with the knowledge and tools necessary to make informed decisions about your legacy.

How To Leave Your Hard Earned Cash To Your Grandkids?

Leaving your hard-earned cash to your grandchildren is a meaningful way to support their future endeavors and ensure your legacy lives on. It can also be a great way to start teaching them the importance of budgeting and establishing their own financial future.

Below are some best ways to leave your hard-earned cash to your children and grandchildren so they can benefit from the efforts that you did for them by going above and beyond:

1. Gift Your Money:

One of the best ways to leave your money to your grandchildren is through gifting. Colorado residents can give up to $17,000 per year to each grandchild without incurring any gift tax.

If you are married, you and your spouse can each give $17,000, for a total of $34,000 per grandchild per year. This annual exclusion amount is subject to change, so it is essential to stay up to date on current regulations. Gifting money can be a great option for those who want to help their grandkids with a particular expense, such as tuition and college expenses.

However, keep in mind that once you give the money, you no longer have control over how it is spent. If you are concerned about your grandchild misusing the funds, it may be better to use a trust or will to protect the assets. You can gift money, and there are no gift taxes, but there are federal estate taxes. If your gift money is more than the annual exclusion amount, it will be added to your taxable estate, so consider your options carefully before making a decision.

2. Create A Trust or Will:

Another way to leave your hard-earned cash to your grandchildren is by creating a trust or will. A trust is a legal entity that can hold assets on behalf of your beneficiaries. By setting up a trust, you can specify how and when your assets will be distributed to your grandchildren.

There are several types of trusts to consider, including:

Revocable trusts:

A revocable trust allows you to maintain control over your assets during your lifetime and specify how they will be distributed after your death.

Irrevocable Trusts:

An irrevocable trust is an agreement in which you transfer ownership of your assets to the trust, and you cannot change the terms or access the assets once they are transferred.

Testamentary Trusts:

A testamentary trust is created through your will and is not effective until your death.

When setting up a trust fund, it is essential to work with an experienced estate planning lawyer to ensure that your wishes are carried out according to Colorado law.

3. 529 College Savings Plan:

A 529 college savings plan is a tax-advantaged investment account that allows you to save for your grandchild's future education expenses. States offer these plans, which are named after Section 529 of the Internal Revenue Code.

Contributions to a 529 plan grow tax-free, and withdrawals are tax-free as long as they are utilized for qualified educational expenses, such as tuition, room and board, and textbooks.

Each state has its 529 plan with its investment options and fees, so it is essential to research the options and select the best plan for your needs. One advantage of a 529 plan is that you maintain control over the account and can change the beneficiary if necessary.

However, remember that any money not used for qualified education expenses may be subject to taxes and penalties. Additionally, 529 plans are considered custodial accounts, and the funds in the account belong to the grandchild. When the grandchild reaches a certain age, they can take control of the account, which could impact their eligibility for financial aid.

Therefore, it is crucial to consider how much to contribute to the plan to balance the benefits of saving for the child's future education and the potential impact on financial aid eligibility.

4. Uniform Transfers to Minors Act (UTMA) or Uniform Gifts to Minors Act (UGMA):

The Uniform Transfers to Minors Act (UTMA) and Uniform Gifts to Minors Act (UGMA) are laws that allow minors to receive gifts of money or property without the need for a trust.

These acts allow a donor to transfer assets to a custodian, who holds and manages the assets on behalf of the minor until they reach the age of majority. Under Colorado law, a minor is entitled to receive the assets when they reach the age of majority, which is 21 years old.

The custodian can use the assets for the minor's benefit, such as paying for education or financial institution and medical expenses but must manage the assets responsibly.

One benefit of these accounts is that they are relatively easy to set up and manage, and there are no restrictions on how the assets can be used. However, once the minor reaches the age of majority, they can use the assets as they see fit, which may not align with your wishes.

5. IRA or Roth IRA:

An IRA or Roth IRA is a retirement savings account that can be used to leave money to your grandchildren. These accounts offer tax benefits, and the funds can be passed down to your beneficiaries after your death. If you name your grandchild as the beneficiary of your IRA or Roth IRA, they can inherit the account and continue to take distributions over their lifetime.

The distributions will be subject to income tax, but they can be spread out over several years, allowing for tax-deferred growth. One advantage of using an IRA or Roth IRA is that it allows you to pass down your retirement savings while potentially reducing your estate tax liability.

However, keep in mind that there are certain rules and restrictions that apply to these accounts, so it is essential to work with a financial advisor or tax professional to ensure that you are using them effectively.

6. Life Insurance:

Leaving your hard-earned cash to your grandkids can be a wonderful way to ensure that your legacy lives on for generations to come. If you're considering this option, you may want to think about using life insurance as a means of accomplishing your goal.

Not only is life insurance an efficient way to transfer wealth to your grandchildren, but it also offers a range of benefits, including tax-free payouts and the flexibility to customize your policy to suit your specific needs. Of course, navigating the world of life insurance can be daunting, which is why working with a financial consultant is critical.

They can help you understand the different types of policies, advise you on how much coverage to purchase, and ensure that your beneficiaries receive the maximum payout possible.

Whether you're just starting your journey or you're ready to update your existing policy, incorporating life insurance into your plan for leaving your hard-earned cash to your grandkids can be an exciting and meaningful way to provide for their future.

To put it simply, leaving your hard-earned cash to your grandchildren can be achieved through various means, including gifting money, savings bond, using life insurance policies, UTMA and UGMA accounts, or investing in savings bonds or mutual funds. Each option has its benefits and considerations, and it's essential to work with a financial consultant or estate attorney to develop a comprehensive plan that meets your goals and minimizes taxes.

Naming your grandchild as a life insurance beneficiary can provide a tax-free payout that can be used for various purposes. Investing in mutual funds or savings bonds can help grow your wealth tax-deferred and provide a substantial nest egg for your grandkids.

However, it's essential to understand the tax implications of these investments and consult with a financial advisor or estate attorney to develop a comprehensive estate plan.

What You Should Consider When Leaving Your Hard Earned Cash For Your Grandkids:

Consider Your Grandkids' Financial Situation:

When planning for your grandchildren's future, understanding their financial needs is vital. Whether they are well-established financially or could use a helping hand, it's important to consider the best way you can provide meaningful assistance and ensure that your gift will be put to good use.

Consider Your Own Financial Situation:

Leaving a substantial amount of money to your grandkids can be a great way of helping them out, but it is important to consider your own financial situation first. Make sure that you have enough money to support yourself and your family before you start giving large sums of money away. 

Consider the Tax Implications:

Leave something lasting for the next generation! Make sure you understand potential tax consequences when deciding how much money - or other assets - to bestow upon your grandkids. Doing thorough research ahead of time can help preserve their inheritance and make a meaningful impact on their future.

Consider the Impact of Giving Money:

By giving money to your grandchildren, you are providing a gift that could create an incredible future for them. Investing in someone's dreams can help launch their career and guide them down the path of success - leaving behind a meaningful legacy from which they will benefit far into adulthood.

Consider Professional Advice:

It is always a good idea to consult a professional when making major financial decisions such as this. A qualified accountant or financial advisor can offer invaluable advice and help you make the best decision for you and your grandkids.

By taking the time to consider these factors, you can ensure that your hard-earned cash is left in the best hands for a bright future. Investing in your grandkid's future can be an incredibly rewarding experience, and having a plan in place can provide peace of mind for both you and them.

FAQs

What is the best way to leave money to your grandchildren?

There are many ways to leave money to your grandchildren, but the best way depends on your goals and objectives. If you want the money to be used for a specific purpose, such as education or starting a business, then you should consider setting up a trust.

This will allow you to control how the money is used and make sure it is used for the intended purpose. If you simply want to leave a financial gift to your grandchildren, then you can do so through a will or by naming them as beneficiaries on your accounts. Other ways include:

  • Savings bond

  • Gift money

  • Life insurance

  • IRA or Roth IRA

  • Custodial accounts

No matter what option you choose, be sure to consult with an attorney or financial advisor to determine the best way to do this based on your assets and estate planning goals.

How much money can you give to your grandchildren tax-free?

According to current federal gift tax rules, you can give up to $16,000 per recipient per year tax-free to your grandchildren in 2022 and $17,000 per recipient per year tax-free in 2023.

This means that you can give this amount to each grandchild without incurring any gift tax liability. However, if you exceed this limit in a single year, it will count against your lifetime exemption of $12.92 million.

It's important to note that while Colorado has no state-level gift tax, federal gift tax laws still apply, and it's important to follow them to avoid potential tax penalties.

Also, it's recommended to consult with a tax professional or financial advisor to understand your specific situation and any potential tax implications of gifting to your grandchildren.

How do I give money to my grandchildren tax-free?

In Colorado, there are a few ways you can give money to your grandchildren tax-free. You can make a gift of up to $17,000 per year per grandchild without having to pay taxes.

This is known as the annual gift tax exclusion. Additionally, you can contribute to a 529 college savings plan for your grandchild, which will also be tax-free as long as the funds are used for qualifying educational expenses.

Another option is to pay for your grandchild's medical expenses directly, which is also tax-free. However, it's always a good idea to consult with a tax professional to ensure that you're following all the relevant rules and regulations.

Can I leave money to my kids but not their spouses?

Yes, in Colorado, you can leave money to your children but not their spouses. You can do this by creating a trust that specifies the terms of the inheritance, including who will receive it and under what conditions.

By setting up a trust, you can ensure that your assets are distributed according to your wishes and that they are protected from potential creditors or divorce settlements. It's important to consult with an estate planning attorney to make sure your wishes are legally binding and executed properly.

What is Spendthrift Provision?

A spendthrift provision is a legal clause found in a trust or will that restricts the access of beneficiaries to the trust's assets. It is designed to prevent beneficiaries from squandering their inheritance by requiring the trustee to make the distribution decisions.

This clause also protects the trust from the beneficiary's creditors by prohibiting them from accessing the trust's assets. By having a spendthrift provision, trustees can be assured that the trust's assets will be used for their intended purpose, protecting the principal for future generations.