Estate Planning for Families with Young Children

With the right plan, you can:

• Name a trusted guardian to ensure your child is raised by someone you choose, not the court
• Protect and manage your child’s inheritance, so it is used wisely and responsibly
• Keep siblings together and preserve family relationships without unnecessary legal battles
• Avoid court delays and expenses that could make it harder for your child to access the resources they need

Nominating a Guardian

If something happened to you, who would raise them? Without a plan, a judge would decide. And while the court tries to do what is best, they do not know your family like you do.

That’s why every parent of young children needs at least a Last Will and Testament (commonly known as a Will). If you have children under 18, the Will can nominate a guardian to care for your child or children if something happens to you and the other parent.

If you don’t appoint a guardian, a court will choose for you, and the court might not select the person you would have chosen.

How to Choose the Right Guardian

Choosing a guardian is undoubtedly one of the toughest decisions parents make when creating an estate plan. There is a lot to consider:

• Will your child have to move, and will their daily life change significantly?
• Does this person have the time to care for your child?
• Do they share your values and parenting style?
• If you choose a couple, would you still want one of them as guardian if they divorced?

You don’t have to figure out the answers alone. Our estate planning attorneys can help you think through your options and help you make a decision that feels right for your family.

Protecting Your Child’s Inheritance in Georgia

Legally, a minor child cannot own inherited property until they turn 18. If a child inherits assets in Georgia, the court appoints a conservator to manage the money. That means

• A judge decides who controls your child’s inheritance
• Every time money is needed for school, healthcare, or anything else, the court must approve it
• Court fees and legal costs are taken out of the inheritance
• When your child turns 18, they get full access to whatever is left, all at once

Most parents in Georgia do not want their child’s financial future tied up in court. They also do not want their 18 year old to suddenly inherit a large sum of money with no safeguards in place.

A trust lets you set the rules for how and when your child’s inheritance is used. You can:

• Choose a trusted person to manage the funds
• Set age or life milestones before they receive full access
• Allow early access for important needs like education, health, or buying a first home

A trust can protect your child’s inheritance without the delays and expenses of court oversight. Our Georgia estate planning attorneys can help you design a plan that works for your family.

Leaving an Inheritance to a Child with Special Needs

If your child receives public assistance disability benefits, such as those provided by Social Security and Medicaid, a Georgia third-party special needs trust (sometimes referred to as a supplemental needs trust) allows you to leave them an inheritance without compromising their benefits.