Section 12.42 Distribution to Custodian Under Will or Trust

• Library: Trusts and Powers 2013 Supp

B. (§12.42) Distribution to Custodian Under Will or Trust

It is quite likely that one of the beneficiaries of a deceased person’s estate will be a minor or an incapacitated adult. Giving the personal representative or trustee authority to distribute to a minor or adult custodian will avoid the necessity of opening up a conservator’s estate for the beneficiary. This was previously handled by including provisions for a children’s trust in the deceased’s will or trust. This usually resulted in a long and cumbersome document. One of the following clauses may be used in a will or trust to authorize distribution to a custodian. Suggested Clause D is sufficient and the most simple way of doing this.

Clause A

If any person entitled to receive a distribution of property [under this Will] [from this trust] is a disabled adult person or has not attained 21 years of age at the time of distribution, I direct that my [personal representative] [trustee] deliver the property to a custodian for the person under the Missouri Personal Custodian Law, the Missouri Transfers to Minors Law, or the similar custodian law of any state where the person then resides and give to my [personal representative] [trustee] in [his] [her] individual capacity and not in [his] [her] [representative] [fiduciary] capacity the power...