Planning for Families
Estate Planning for Parents of Minor Children in Washington
Name guardians, protect your children's inheritance, and make sure your family is cared for, no matter what.
Why Parents of Young Children Need an Estate Plan
If something happens to you and your spouse, who takes care of your children? Without an estate plan, a court decides, and the court may not choose the person you would have chosen. Estate planning for parents of minors is about making those critical decisions now, while you can, so your children are protected and provided for.
Naming a Guardian for Your Children
Your will is where you formally nominate a guardian, the person who would raise your children if both parents pass away. This is one of the most important decisions in your estate plan. We will talk through the considerations: who shares your values, who is geographically close, who has the capacity and willingness to take on this responsibility. You can also name alternates in case your first choice cannot serve.
Protecting Your Children's Inheritance
Leaving assets directly to a minor child is not ideal, because minors cannot legally manage property. A minor's trust, which can be built into your will or set up as a standalone trust, holds and manages assets for your children until they reach an age you choose. You will name a trustee to manage the funds and set guidelines for how the money can be used: education, health care, basic needs, or other purposes you define.
What's Included in Your Plan
- Guardian nomination in your will
- Minor's trust provisions with your chosen age of distribution
- Financial Power of Attorney so someone can manage your finances if you are incapacitated
- Medical Power of Attorney and Living Will for health care decisions
- Clear instructions for your family and caregivers
When to Start
The best time is now. Many parents put off estate planning because their children are young and it feels premature. But guardianship and inheritance protection matter most when children are young and dependent. A basic plan can be in place within a few weeks, and updated as your family grows and changes.
The Virtual Process
Everything happens over Zoom. There is no need to arrange childcare for an office visit. We will meet virtually, your documents will be drafted, and we will review them together, all on your schedule.
Frequently Asked Questions
Yes, and you should. Both parents should name the same person as guardian in their respective wills to avoid confusion. We will coordinate this during the planning process.
This is more common than you would think. We will work through the considerations together, including geography, values, capacity and willingness, to help you reach a decision you both feel good about.
Absolutely. Through a minor's trust, you can specify the age at which your children receive full control, whether that is 25, 30, or any age you choose. You can also allow distributions for specific purposes such as education or health care before that age.
The court appoints someone, and it may not be the person you would have chosen. The court looks at factors like relationship and fitness, but it is making a decision without your input.
A will is sufficient for guardian nominations and can include a minor's trust. If you also want probate avoidance, privacy, or have other planning goals, a trust-based plan may be a better fit. We will discuss both options during your consultation.
Let's Plan for Your Family
Book a virtual consultation to discuss your situation and explore your options.
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