You don't need to, but it is a very good idea. Likely, you would want to set up 3 virtually identical trusts for them. If you give it to them outright, and not to a guardian, custodian or trustee, then you're stuck with co-owners who can't so much as vote until they're 18. I don't know if custodianship under California Uniform Transfers to Minors Act works for a LLC; if it does, that might be an attractive and less expensive option. Guardianship would be more expensive and less flexible than a trust. You likely will need an appraisal of the interests being given. I would recommend that you either give slightly over the annual exclusion amount, or give one or more a bit of cash, so that you will be required to file a gift tax return. That way you can start the statute of limitations period running and be sure that your plan is actually working.
Answered on May 17th, 2013 at 12:57 PM