Originally published: February 19, 2019 | Last updated: February 5, 2026
TL;DR: New parents must start their estate planning work without delay because they need to give it their full attention right away. The three most critical steps are: (1) name a guardian for your children in your Will, (2) set up a children’s trust to manage their inheritance until a suitable age, and (3) purchase term life insurance. Without a Will, courts decide who raises your children, and unmarried partners receive nothing under intestacy laws. You can create a comprehensive Will online at USLegalWills.com in about 20 minutes.
Why Is Estate Planning the Best Advice for New Parents?
New parents should make estate planning their first legal action which stands as their most vital step. The United States produces about four million births every year which requires millions of families to handle this essential responsibility. Becoming a parent brings immense joy – and the obligation to protect your child’s future if the unexpected happens.
New parents face unknown territory when they first encounter their child. The situation demands immediate attention from parents who need to make decisions about this matter. Medical experts agree that parents must start their parenting work immediately after their children receive their first birthday. Every parent wants to make sure their children are provided for if something happens while the children are still minors.
Grandparents along with aunts and uncles and other family members who want to give their belongings to children under the age of 18 need to develop a strategic approach because unplanned asset distribution will create negative results for their assets.
What Are the Key Components of Estate Planning for Parents?
| Component | Purpose | Priority |
|---|---|---|
| Guardian Nomination | Names who raises your children | Essential |
| Children’s Trust | Manages inheritance until a specified age | Essential |
| Life Insurance | Replaces lost income for surviving family | High |
| Beneficiary Designations | Directs retirement accounts and insurance payouts | High |
| Last Will and Testament | Distributes assets, names executor | Essential |
| Transfer on Death Accounts | Passes financial accounts without probate | Recommended |
How Do You Appoint a Guardian for Your Children?
Young parents need to create a Will mainly to choose guardians who will take care of their children because they have no interest in leaving behind their property. You need to choose a guardian through your Will who will become responsible for your children when both you and the other parent become unable to care for them. It may be unlikely, but it is absolutely worth addressing.
The local court would choose a guardian if your children ever required such protection. The judge faces a challenge because they must use restricted data which includes financial status and child residence and parental connection to decide custody matters. But a judge won’t know these candidates personally. They cannot evaluate parenting style, spiritual beliefs, or how the candidates interact with your children.
Your Will becomes an essential document which shows what should happen to your assets when you pass away. The judge follows your Will when deciding about guardianship because you already chose someone to serve in that role. The court will give guardianship to the person named in your Will as long as they remain willing and able to serve and no disqualifying events have taken place.
Key points about guardian appointments:
- You can name different guardians for different children if you wish
- Always name an alternate guardian in case your first choice cannot serve
- Discuss your decision with the chosen guardian before naming them
- Review and update your choice as circumstances change
For more detailed guidance, see our article on how to choose a legal guardian for your children.
How Does Transferring Inheritance to Minor Children Work?
Most parents believe that appointing a guardian along with leaving property will let the guardian use the children’s inheritance without any restrictions. This is incorrect. You cannot leave a bequest to one person for the benefit of another.
You either leave the inheritance directly to the child, or to the guardian – you cannot say “I leave $100,000 to my sister Jane, to take care of my son John.” Jane would be legally free to spend the money however she wished. Your child will receive the inheritance through a trust which you establish in your Will to protect their money until they reach the age you choose.
What Is a Children’s Trust and How Do You Set One Up?
A children’s trust is a legal arrangement within your Will that protects your child’s inheritance. When you set up a children’s trust, you name a trustee – someone to manage the inheritance. This trustee may or may not be the same person as the guardian.
The two positions require separation in most situations. The trust management system operates through two different people who serve as trustees and guardians to create balance between their roles. The two people work together to balance the child’s immediate needs with the duty to preserve the trust balance so something remains when the child becomes an adult.
The guardian who controls the trust fund creates ambiguous situations because they can use home improvement expenses and family trips to benefit their child while simultaneously benefiting themselves. The system prevents these conflicts of interest because it establishes separate positions which work independently from each other.
A Will typically gives the trustee powers to:
- Release portions of the trust for the child’s benefit during their minority (education, healthcare, living expenses)
- Hand the trust over to the guardian if that approach is considered suitable
- Invest and manage the trust assets prudently
- Distribute the full trust at the age specified in the Will
Important: If you don’t write a Will, some of your property might not go to your spouse but directly to your children, depending on state law. Most people choose their spouse to receive money because they will use it for their children. A Will gives you that control.
You can name guardians for your children and set up a trust by contacting an estate planning attorney or using an interactive online Will service.
Do Unmarried Couples Need Different Estate Planning?
Yes – unmarried couples face significantly different legal circumstances, especially when minor children are involved. The differences between these groups require complete understanding before anyone can start making suitable plans.
States vary on this matter, but the general rule is: if you die without a Will and you are not formally married, the surviving partner will likely receive nothing. The entire estate would pass to the minor children in trust. Your unmarried partner – regardless of how long you have been together – is legally treated as a “friend” with no inheritance rights.
Unmarried parents need to create a Will because it becomes their most vital document to protect their family. A Will allows you to:
- Leave assets to your partner directly
- Name your partner as guardian of your children
- Specify how you want your estate divided between partner and children
- Grant your partner decision-making authority over your remains and funeral
What Happens If You Die Without a Will?
The state takes control of all your property when you die without creating a Will which means they choose who will raise your children while they also decide who inherits your assets and how your estate gets divided. The results rarely match what parents would have chosen.
For married couples without a Will:
- The surviving parent typically becomes the default guardian for minors
- If both parents die, the court appoints a guardian with no guidance from you
- The estate is divided between spouse and minor children according to state formula
- The distribution scenario under intestacy is rarely what someone would choose in a Will
For unmarried couples without a Will:
- The surviving partner inherits nothing – they are legally a “friend”
- The entire estate passes to the minor children
- The surviving partner has no legal authority over funeral or final wishes
- Higher estate and inheritance taxes apply
What Happens If You Die With a Will?
A Will lets you determine how your property will be distributed. You can specify exactly who inherits your assets and eliminate uncertainty. Your named guardian will raise your children. Your trustee will manage their inheritance. Your wishes regarding funeral and final arrangements will be honored.
You can organize your personal belongings outside of intestacy laws through a Will which also covers the following items:
- Retirement accounts (IRA, 401(k)) – controlled by beneficiary designation forms from your employer or account custodian
- Life insurance – proceeds go directly to your named beneficiary without probate
- Transfer on Death accounts – certain financial accounts can pass directly to a beneficiary
All of these are controlled by beneficiary designations, which you can change at any time by submitting a new form. By naming beneficiaries on these accounts, funds go directly to the people you choose, bypassing probate entirely.
Why Is Life Insurance Important for New Parents?
Life insurance stands as an essential part of estate planning which parents need to have. A life insurance policy provides financial support through several years by replacing your income when you or your spouse pass away without warning. The family could access money immediately after a tragic event which would allow them to handle their household expenses.
Term life insurance operates as a fixed-time contract which provides the best value for parents who have children at home. Key advantages:
- Affordable: if you are reasonably young and healthy, term insurance premiums are low
- Flexible: choose a term that covers your children’s years as dependents (15-20 years)
- Simple: straightforward coverage without investment complexity
- Immediate payout: provides funds directly to your beneficiary without probate delays
What Tax Considerations Should New Parents Know About?
People must keep their property rights even after drafting a Will. New parents need to understand how federal and state estate taxes – commonly called “death taxes” – affect their planning.
Married couples:
- The unlimited marital deduction means no estate tax is due on assets left to a surviving spouse, regardless of the amount
- Surviving spouses are exempt from inheritance tax in states that impose one
- Social Security survivor benefits are available
Unmarried couples:
- No marital deduction applies – the full estate may be subject to estate tax
- The surviving partner falls in the highest inheritance tax tier in states with inheritance tax
- No spousal or survivor Social Security benefits
- Tax-efficient asset transfer is significantly more difficult, especially for high net worth couples
Consider consulting a financial planner to coordinate asset titling, beneficiary designations, and life insurance coverage for your partner and children.
Who Controls Funeral and Final Wishes?
People tend to disregard this particular section of estate planning when they start their process. The law does not permit your partner to control your funeral arrangements or decide what happens to your body after death because you never married.
The law lets a surviving spouse control all funeral and burial or cremation choices except when your Will directs otherwise. Your unmarried partner cannot make these choices because your surviving adult family members will take charge of these decisions.
Your Will contains instructions which allow you to choose who will make decisions about these important matters.
How Should New Parents Move Forward with Estate Planning?
The process of creating a Will requires you to consider various aspects which will help your children receive their necessary care. The key steps are:
- Write your Will immediately – name a guardian, set up a children’s trust, and specify how assets should be distributed
- Purchase term life insurance – ensure your family has financial support if something happens to you
- Update beneficiary designations – review all retirement accounts, life insurance policies, and financial accounts
- Understand your legal rights – know the difference between married and unmarried couple protections in your state
- Consider a Power of Attorney – designate someone to make financial and medical decisions if you become incapacitated
- Review and update regularly – revisit your estate plan when circumstances change (new children, divorce, relocation, significant asset changes)
The earlier you start your planning, the better. You can visit an estate planning attorney or use online Will and estate planning software at USLegalWills.com that can be customized to your living situation – whether you are a married or unmarried couple.
The process of creating a Will and estate plan will bring you peace of mind because it establishes a vital resource which protects your family from harm during severe emergencies.
Related Articles
- How to Choose a Legal Guardian for Your Children
- How Do You Name Guardians for Children?
- How to Write a Will: Your 10 Step Guide
- Writing Your Will: The Definitive Guide
- Named Executor of a Will: Now What?
He has over 20 years of experience helping people to write their Will and other estate planning documents. He has been interviewed by many of the major news media outlets, and has contributed to articles in The New York Times, NY Metro Parents, U.S. News & World Report, and other leading publications. He has also contributed to a number of financial planning books.
Throughout his career, Tim has written extensively on the subject of Will writing and estate planning.
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