The Legal Side of a Will for a Minor

Parenting comes with many responsibilities—and one of the most important is preparing for the unexpected. While it’s difficult to think about not being there for your child, creating a comprehensive will ensures your children are protected emotionally, physically, and financially if the worst should happen.

A well-crafted will gives you—not the courts—control over decisions that affect your child’s care and future.

Why a Will Is Essential for Parents with Minor Children

If you die without a valid will, your estate becomes subject to intestacy laws, which dictate how your assets are divided and who becomes your child’s guardian. These default rules are rigid and impersonal—they rarely reflect your wishes or your family’s unique needs.

Consequences of Dying Without a Will:

• Unchosen guardians: A judge appoints someone to care for your children, who may not share your values, lifestyle, or beliefs.
• Unplanned inheritance: Minor children may receive assets in court-managed accounts, potentially handed over at age 18 regardless of maturity.
• Family conflict: Loved ones may disagree over guardianship or money, leading to emotional strain and legal battles.
• Delays in financial support: Without proper planning, your children may not have immediate access to funds for living or medical expenses.

Solution: A clear, up-to-date will prevents confusion, protects your wishes, and ensures your child’s well-being is never left to chance.

Naming a Guardian for Your Children

Appointing a guardian is the most important decision you’ll make in your will as a parent. This person will step into your role and raise your child if neither parent is available.

What to Consider:

1. Parenting Philosophy & Values: Do they share your religious beliefs, educational priorities, or discipline style?
2. Emotional Bond: Does your child already know and feel comfortable with them?
3. Stability: Are they financially and emotionally equipped to raise a child long-term?
4. Age and Health: Will they be physically able to care for your child through adulthood?
5. Geography: Would guardianship force your child to move far from family, friends, or school?

Important: Always ask your chosen guardian(s) for consent before naming them in your will. Also, include at least one alternate guardian in case your first choice can’t serve.

Learn more about selecting fiduciaries in The Role of a Trustee in an Estate Plan.

Creating a Trust for Minors: A Smart Financial Move

Minors cannot legally own property, so any inheritance left directly to them may be controlled by the court or an appointed conservator—often with restrictions, reporting requirements, and fees.

Instead, you can set up a trust to manage the assets on their behalf.

Options:

1. Testamentary Trust

• Created inside your will
• Activated upon your death
• Designates a trustee to manage assets for your child
• You can set terms, such as:
• Funds may be used for education, health, housing
• Distribution ages (e.g., 25, 30) to prevent early mismanagement

2. Revocable Living Trust

• Created while you're alive and can be updated
• Avoids probate (which means faster asset transfer)
• Offers privacy and more flexibility
• Helpful if you own property in multiple states

Want added asset protection? See The Benefits of an Irrevocable Trust.

Funding Your Child’s Future

Raising children is expensive—especially if you're not there to provide for them. Your estate plan should ensure your children’s needs are covered, including:

• Daily living costs (housing, food, clothing)
• Education (elementary through college)
• Medical and mental health care
• Special needs or long-term therapies
• Extracurriculars and enrichment programs

Financial Tools to Consider:

• Term Life Insurance: Affordable and provides essential funds if a parent passes away.
• 529 College Savings Plans: Grow tax-free and are earmarked for educational costs.
• Savings and Investment Accounts: Can be placed in a trust or made payable-on-death to a child’s trust.

Don’t forget to update beneficiary designations on retirement accounts, annuities, and life insurance policies to align with your estate plan.

Appointing a Trustee or Executor

What's the Difference?

• Executor: Handles your overall estate—probate filings, taxes, debts, and distributing property.
• Trustee: Manages your child’s trust and distributes assets according to your instructions.

Often, parents appoint a different person for each role to maintain checks and balances.

Ideal Traits in a Trustee:

• Financially literate
• Responsible and ethical
• Willing to collaborate with the guardian
• Comfortable making long-term decisions in your child's best interest

You can also hire a professional trustee, such as a bank or law firm, to manage more complex estates objectively.

Keeping Your Will Up to Date

Life changes—and your will should evolve with it. Experts recommend reviewing your estate plan every 3–5 years or after major life events:

• Marriage, divorce, or remarriage
• The birth or adoption of a child
• Death or incapacity of a named guardian or trustee
• Significant financial changes (inheritance, home purchase, business ownership)

For more, see How to Update Your Estate Plan After a Life Event.

What About Digital Assets?

Children may eventually inherit or need access to your:

• Online photos and videos
• Email accounts
• Family genealogy records or journals
• Cryptocurrency or digital investments
• Social media or websites

Use a digital assets inventory and include instructions and access authorization in your estate plan.

Learn more in The Legalities of Digital Assets in Estate Planning.

Final Thoughts: Your Children Deserve Certainty

Creating a will isn't just about dividing property—it's about providing clarity, care, and continuity for your children’s lives. By:

• Naming trusted guardians
• Structuring financial support through trusts
• Preparing for digital and legal challenges
• Updating your plan as life changes

…you’re not just writing a legal document. You’re giving your children the gift of protection, security, and stability—even if you're no longer there to offer it in person.

Take action today. Talk to an estate planning attorney and begin shaping a future where your children are always supported.