Pot Trusts: Why They’re the Fairest (Trust Structure) of Them All

When it comes to estate planning, being fair and being equal are not necessarily the same thing. A pot trust can help bridge the gap between the two objectives.

A lovely red flower blooms from a flower pot.
(Image credit: Getty Images)

Many trust and estate attorneys recommend that people with children set up trusts for their children in their wills. A common approach is for the will-maker to structure their will such that the assets they wish to pass on to their children are split into equal shares, with each share used to fund a separate trust for each child. After all, this would seem to be the fairest plan — right?

It depends.

Subscribe to Kiplinger’s Personal Finance

Be a smarter, better informed investor.

Save up to 74%

Sign up for Kiplinger’s Free E-Newsletters

Profit and prosper with the best of expert advice on investing, taxes, retirement, personal finance and more - straight to your e-mail.

Profit and prosper with the best of expert advice - straight to your e-mail.

Sign up

This article was written by and presents the views of our contributing adviser, not the Kiplinger editorial staff. You can check adviser records with the SEC or with FINRA.

To continue reading this article
please register for free

This is different from signing in to your print subscription

Why am I seeing this? Find out more here

Allison L. Lee, Esq.
Attorney-at-Law, Director Trusts & Estate Content, FreeWill

Allison L. Lee is the Attorney-at-Law, Director Trusts & Estate Content for FreeWill, a mission-based public benefit corporation that partners with nonprofits to provide a simple, intuitive and efficient online self-help platform to create wills and other estate planning documents free of cost. Through its work democratizing access to these tools, FreeWill has helped raise billions for charity. Prior to joining FreeWill, Allison spent more than a decade in private practice.