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Gift Giving to Adult Children

With the high divorce rate in this country, you might have concerns about making large gifts to a married child. It’s one thing to worry about your child using the money wisely. It’s an entirely different worry to think your ex-son- or ex-daughter-in-law might leave the marriage with your money. Some ways to ensure the money stays in the family include:

Pay for specific expenses. Rather than making a general cash gift to your son or daughter, offer to directly pay for a specific expense. You might pay for a vacation or private school for your grandchildren. Probably the best option is to directly pay for medical expenses or education costs, since those expenditures won’t count toward your annual tax-free gift limit of $12,000 in 2006 ($24,000 if the gift is split with your spouse).

Keep the money separate. If you make cash gifts to your children, you might stipulate that the money be kept in a separate account solely in your child’s name. Typically, those accounts won’t be included in divorce settlements, so the funds will stay with your child.

Consider trusts. One way to keep control of the gifts is to set up a trust, naming your children as beneficiaries. However, due to the costs involved in setting up trusts, you probably won’t want to use this strategy unless significant sums of money are involved.

Encourage your child to sign a prenuptial agreement. This agreement specifies how assets acquired during the marriage, including gifts and inheritances, will be distributed after death or divorce. While a prospective spouse may not like the idea of signing a prenuptial agreement, it is probably in his/her best interest if it encourages you to gift more generously to your child

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