Atlanta Estate Planning for Families with Young Children

Our Atlanta estate planning attorneys help parents across Georgia create plans that protect their children, safeguard inheritances, and ensure their care no matter what happens.

If you have young children, estate planning is not just about your assets. It is about making sure your children are cared for, no matter what.

You know what’s best for your children. An estate plan ensures your children are cared for the way you want, even if you are no longer here.

Our estate planning attorneys have helped hundreds of parents in Atlanta and throughout Georgia create an estate plan that fits their family’s needs. If you aren’t sure where to start, we’re here to guide you through every step.

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.

Protecting Your Child’s Inheritance

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 do not want their child’s financial future tied up in court, and not all parents feel comfortable with an 18-year-old inheriting a large sum of money without any safeguards.

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 Atlanta 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.