Direct specific assets to chosen individuals before distributing the remainder to your beneficiaries
A Joint Trust with Specific Gifting provides married couples the ability to make targeted gifts to specific individuals while also ensuring their children receive the residual estate. This trust type gives you precise control over who gets what—whether it's a family heirloom, a specific dollar amount, or a particular piece of property.
This is ideal when you want to honor special relationships, recognize contributions, or ensure certain individuals receive meaningful gifts before the bulk of your estate is divided among your primary beneficiaries.
The Martinez Family Scenario:
Maria and Carlos want to pass their estate to their three children equally, but they also want to:
Solution: A Joint Trust with Specific Gifting allows them to document these exact wishes, ensure these gifts are distributed first, and then divide the remaining estate equally among their three children.
Specify exactly who receives what assets, eliminating ambiguity and potential family disputes about your intentions.
Honor special relationships, show gratitude, or fulfill promises through targeted gifts to individuals who matter to you.
Account for financial support given during your lifetime by adjusting specific gifts, ensuring equitable treatment of all heirs.
Include specific charitable gifts to causes you care about while still providing for your family.
All specific gifts and residual distribution happen outside of court, maintaining privacy and reducing costs.
Eliminate family confusion by clearly stating your wishes for specific items and amounts in legally binding documents.
1. Specific Gifts are Distributed First: Upon both spouses' deaths, the trustee distributes the specific gifts you've designated—whether monetary amounts, specific property, or particular assets.
2. Residual Estate Follows: After specific gifts are fulfilled, the remaining estate (the "residual") is distributed according to your instructions—typically to your children or other primary beneficiaries.
Your trust includes contingency provisions for situations where a specific gift recipient predeceases you or a specific asset no longer exists. These provisions protect your overall distribution plan and prevent unintended consequences.
| Feature | Standard Joint Trust | With Specific Gifting |
|---|---|---|
| Distribution Method | Equal or percentage-based to beneficiaries | ✅ Specific gifts first, then residual distribution |
| Asset Control | General distribution instructions | ✅ Precise control over specific assets |
| Non-Family Gifts | Limited flexibility | ✅ Easy inclusion of friends, caregivers, charities |
| Sentimental Items | Left to executor/trustee discretion | ✅ Documented instructions for heirlooms |
| Complexity | Simpler documentation | More detailed but clearer intentions |
| Best For | Straightforward equal distribution | ✅ Customized, thoughtful distribution plans |
Joint trust with customized specific gifting provisions
Pricing based on complexity and number of specific gifts
Professional preparation with precise distribution instructions
There's no strict limit, but we recommend balancing specificity with simplicity. Most families include 3-10 specific gifts. Too many specific gifts can make administration complex, so we'll help you find the right balance.
Your trust includes "ademption" provisions that address this. If you've gifted a specific item that no longer exists (like a car you sold), that gift simply fails and doesn't affect the rest of your distribution plan. We can also include substitution provisions if desired.
Yes! Since this is a revocable trust, you can amend your specific gift provisions at any time during both of your lifetimes. As your wishes change or new items become meaningful, we can update your trust accordingly.
We'll help you describe gifts with sufficient detail to avoid confusion—for example, "my 2-carat diamond engagement ring" rather than just "my ring." For collections, we can reference inventories or appraisals attached to the trust.
Yes, specific gifts are distributed first, then the remainder goes to your residual beneficiaries (typically your children). We'll help you balance specific gifts with your overall estate size to ensure your children still receive meaningful inheritances.
Absolutely! Many families include charitable specific gifts—whether monetary amounts or specific assets like art collections, real estate, or investment accounts going to causes they care about.
Not necessarily. Specific gifts are about intention and meaning, not always equal value. However, if equity among heirs is important, we can structure your residual distribution to account for any imbalances created by specific gifts.