Burner Prudenti: Protecting Your Children’s Future Through Estate Planning

Q: Why do I need a will if I have young children?

A: If you have young children, your most important parenting decision may be the one you have been putting off. Between soccer practice, work deadlines, summer weekends, and trying to keep everyone fed and happy, writing a will rarely tops anyone's to-do list. It's one of those things we all know we should do, except life gets in the way.

Planning your estate isn't only about deciding who gets your assets; it's about protecting the health and well-being of your family if you are not around to do it yourself.

Many parents do not realize that a will serves two critical purposes. First, it allows you to create a trust that can safely manage your children's inheritance until they are mature enough to handle it. Second, it lets you choose who would raise your children if both parents were to pass away.

Dying without an estate plan is known as dying intestate. If you die intestate, the assets that you hold in your individual name without a beneficiary are distributed according to New York law, not your wishes. For married couples, that means the surviving spouse does not automatically inherit everything. Instead, the spouse receives the first $50,000, with the remaining assets divided between the spouse and the children.

For most young families, that is probably not the intended outcome.

The complications do not stop there.

Minor children cannot legally inherit assets outright. Without a trust in place, the court must appoint a guardian of the property to manage your child's inheritance. Even when a trusted family member is selected, the process is supervised by the court, often requiring annual accountings, court approval for certain expenses, and ongoing oversight. This is expensive, intrusive and ongoing.

Even more concerning, once your child reaches the age of 18, they will receive the remaining inheritance outright. Most parents would agree that handing a significant sum of money to a teenager is not the best idea.

The simple solution is to have a properly drafted will or revocable living trust. This allows you to decide who manages the assets, how they are invested, and when your children receive them. Life insurance policies, retirement accounts, and other financial assets can also be coordinated so everything flows together seamlessly.

Then there's the question no parent wants to think about: Who would raise your children?

If both parents pass away without naming a guardian, the decision is left to the courts. Family members or friends may have differing opinions about who should step into that role, leaving a judge to make one of the most personal decisions imaginable.

By naming a guardian in your will, you make your wishes known and provide valuable guidance to the court during an already heartbreaking time.

The peace of mind that comes from knowing you have chosen who will care for your children, who will manage their inheritance, and how they'll be provided for is one of the greatest gifts you can leave your family.

— Britt Burner, Esq.

Britt Burner, Esq. is the Managing Partner at Burner Prudenti Law, P.C., focusing her practice areas on Estate Planning and Elder Law. Burner Prudenti Law, P.C. serves clients from New York City to the east end of Long Island.