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Congratulations! It’s an Estate Plan! Protecting Your Newborn From Birth


In the process of becoming new parents, many couples become experts at planning – scheduling the birthing classes, planning the new nursery, even picking out a preschool. There is so much to think about before you welcome your new child.

Unfortunately, one of the most important things you can do to protect your child is often overlooked: an estate plan. Here are five important considerations you need to discuss with your Personal Family Lawyer® when setting up an estate plan once your new baby is born:

Guardians and trustees. Parents who delay choosing a guardian for their children usually do so because they cannot agree on that “perfect” choice. Get comfortable with the fact that there is no perfect choice – and if you don’t choose, a court will choose for you. You can always amend your choice if you change your mind. When choosing a guardian or trustee, you need to think about choosing someone who shares your beliefs and who will naturally be a part of your child’s life. And you need to make sure whomever you choose is willing to take on the responsibility of raising your child if you are unable to do so.

Education. The cost of college is already sky-high; can you imagine what it will be like in another 18 years? You probably want to start saving right away, either through a 529 plan or an educational trust so you can realize some tax benefits while you save.

Passing on your assets. Assets cannot pass directly to children under the age of 18, so you will need to think about setting up a trust and naming a trustee to manage the assets you would leave your children. You also need to examine your beneficiary forms for retirement accounts and insurance policies to be sure your new child is included as a beneficiary. Even if you name them in a will, a beneficiary form for these accounts will determine who inherits.

Avoiding probate. Talk to your attorney about setting up a living trust so your heirs can avoid probate and assets can pass directly to them.

Asset protection. If you have an estate of more than $10.5 million, you will want to discuss asset protection strategies that will help you minimize taxes and protect assets for your heirs.

As a Personal Family Lawyer, I offer a unique process for families with young children at home. Contact me at to discuss how a Kids Protection Plan® can ensure your children are always cared for by people you know, love and trust if anything at all happens to you.

If you’re ready to protect your children through estate planning, call our office today at (727) 537-6818 to schedule a time for us to sit down and talk. We normally charge a fee for a Family Wealth Planning Session, but because this planning is so important, we will waive the fee if you mention this article when you call to schedule your appointment.