When we think of estate planning, we often believe it’s just about distributing assets or avoiding taxes. But if you are a parent of minor children, there is an even more powerful reason to start your estate planning as soon as possible: to protect your children if you’re no longer able to do so.

A well-structured estate plan is both a legal and emotional tool that ensures your children will be cared for, protected, and guided according to your values and wishes, no matter what happens. While thinking about this scenario can be painful, not doing so could leave your children in a vulnerable situation, with decisions made by others or even by the legal system.

What Happens if There is No Estate Plan and You Have Minor Children?

In the state of Florida, if you pass away or become incapacitated without a clear legal plan, a court will decide who will care for your minor children. This means:
• A judge — who does not know you or your family history — will make this decision.
• Conflicts may arise among family members over custody.
• Your children could end up in temporary homes while the process is resolved.

Additionally, if you don’t leave clear instructions on how your assets should be used for their benefit, the court will also intervene in managing the money or estate they inherit, which could result in delays, unnecessary expenses, and decisions that don’t necessarily reflect your true wishes.

What Should Be Included in an Estate Plan If You Have Minor Children?

Designation of Legal Guardians

This is one of the most important steps. You can name the person(s) you trust to care for your children if you’re no longer able to do so. You can also leave specific instructions about how you want them to be raised, where they should live, how they should be educated, and other key details that reflect your values.

Creation of a Trust for Their Benefit

Instead of leaving money directly to your minor children (which can cause legal and financial issues), you can create a trust managed by a trusted adult who will use those resources for their health, education, food, and well-being. You can also set conditions for when and how they will access that money in the future.

Will

Although the trust is more comprehensive, a will is still necessary. In it, you can make your intentions clear about how your assets should be distributed and designate a legal guardian if you haven’t yet created a trust.

Powers of Attorney and Medical Directives

These documents allow someone to make decisions on your behalf if you become incapacitated. This is crucial for maintaining your household’s stability and protecting your children while you recover or resolve your situation.

Letter of Intent

Although it’s not a legal document, this letter allows you to share your values, personal wishes, and any emotional messages you want to leave for your children or the designated guardian. It’s a human touch that can make all the difference.

When Should I Do My Estate Planning?

The answer is simple: right now. It doesn’t matter if you’re 30 or 50 years old, or if your children are in diapers or elementary school. If you have people who depend on you, it’s time to get everything in order.

Many people think they need to wait until they “have more money” or “are more stable.” But the truth is, estate planning doesn’t depend on the size of your estate, but on the size of your love and responsibility for your children.

How to Get Started?

The first step is to schedule a consultation with an estate planning attorney who will listen to you, understand your needs, and guide you in creating a plan tailored to your situation. At Jurado & Associates, we have assisted hundreds of families through this process, and we know how to make it easy, confidential, and completely customized to your family’s reality.

It’s not just about legal documents. It’s about creating a conscious legacy, taking care of those you love most, even when you’re no longer here.

Protecting your children can’t be left to chance. At Jurado & Associates, we are here to help you design an estate plan that ensures their well-being and your peace of mind. If you have minor children, this is the best gift you can give them: security, stability, and love structured into a legal plan.

Write to us today at [email protected] or call or WhatsApp us at +1 (305)-921-0976. Let’s build the future for your children, no matter what happens tomorrow.