Keating Law Blog

If you have young children, an estate plan helps ensure they are cared for, financially supported, and protected if something unexpected happens. Without one, decisions about their future may be left to the courts, not your family.

When you're raising kids, daily life moves fast. Estate planning often gets pushed aside. Still, putting a plan in place is one of the most direct ways to protect your children and maintain control over important decisions.

What Happens If You Do Not Have an Estate Plan?

If a parent passes away without a plan, Michigan law determines what happens next. That process may not reflect what you would have chosen.

Some common outcomes include:

• A judge appoints a guardian for your children

• Assets are distributed according to state intestacy laws

• Funds may be held in court-controlled accounts until a child turns 18

That last point can create real concerns. An 18-year-old gaining full access to a large sum of money may not be ready to manage it wisely. With a plan, you can structure how and when your children receive support.

How an Estate Plan Protects Your Children

An estate plan gives you a voice in decisions that matter most. It allows you to set clear instructions for your children’s care and financial future.

Key protections include:

• Naming a guardian: You decide who will raise your children

• Creating a trust: You control how money is managed and distributed

• Designating a trustee: You choose someone to oversee financial decisions

• Providing guidance: You can outline your wishes for education, upbringing, and more

We work with you to build a plan that reflects your family structure and priorities. The goal is to create clarity so your children are supported without unnecessary legal complications.

Why a Will Alone May Not Be Enough

Many parents assume a simple will covers everything. While a will is an important starting point, it often does not go far enough for families with young children.

A will can name a guardian, but it does not avoid probate. It also does not provide ongoing management of assets.

A more complete plan may include:

• A revocable living trust to manage and distribute assets over time

• Powers of attorney for financial and medical decisions

• Backup provisions in case your first choices cannot serve

We help you look beyond basic documents so your plan works in real-world situations, not just on paper.

When Should Parents Create an Estate Plan?

The best time to create an estate plan is sooner than you think. Many parents start after the birth of their first child, but any stage of parenting is the right time to act.

You should consider putting a plan in place if:

• You have a new baby or young children

• Your family structure has changed

• You have purchased a home or built savings

• You want to avoid leaving decisions up to the court

Estate plans are not static. As your children grow, your plan can be updated to reflect new needs and goals.

What Should Be Included in a Parent’s Estate Plan?

A well-rounded estate plan for parents typically includes several core documents that work together.

These often include:

• A will naming guardians

• A revocable living trust for asset management

• Financial power of attorney

• Advance healthcare directive

• Beneficiary designations aligned with your overall plan

We guide you through each piece so nothing is overlooked and everything works together.

How Estate Planning Helps You Stay in Control

Without a plan, the legal system fills in the gaps. With a plan, you stay in control of the decisions that affect your children, including who raises them, how money is handled, and how support is provided over time.

That level of control can make a meaningful difference for your family. It reduces uncertainty and helps avoid disputes or delays.

Take the First Step Toward Protecting Your Family

Planning for the unexpected is not easy, but it is one of the most responsible steps you can take as a parent. A clear estate plan helps ensure your children are cared for in the way you intend.