TL;DR:
What Happens to My Children if I Don’t Have an Estate Plan?
Why Parents Can’t Afford to Postpone Estate Planning
As a parent juggling daycare dropoffs, soccer practices, and bedtime routines, estate planning likely falls to the bottom of your priority list. Many young parents assume it’s something to worry about later—when you’re older or have “more assets.” This assumption is not just wrong; it’s dangerous.
The reality? If you have children, you need an estate plan now, regardless of your financial situation or age. Estate planning for young families isn’t primarily about wealth distribution—it’s about protection and control.
For parents with minor children, your estate plan addresses critical questions that nobody else should answer for you:
- Who will raise your children if you can’t?
- How will their daily needs and education be funded?
- Who will manage any assets they inherit until they’re mature enough?
- How will your children be protected from potential financial predators?
The Harsh Reality When Parents Die Without an Estate Plan
While no one wants to contemplate their own mortality, consider this sobering truth: without proper estate planning, Florida courts—not you—will make every critical decision about your children’s future.
- The court will appoint someone to raise your children with absolutely no input from you
- Your children could enter Florida’s dependency system during guardianship proceedings
- Family members may engage in painful, expensive custody battles that drain your estate
- The judge might select someone you would never have chosen—perhaps the relative with the most financial resources rather than the one who shares your values
- Siblings could potentially be separated if no single guardian is willing to take all children
Without proper financial planning through trusts:
- A court-appointed guardian of property will control all inheritance until your children turn 18
- At 18, your children will receive their entire inheritance in one lump sum—with no restrictions
- Guardian fees, attorney fees, and court costs can significantly reduce your children’s inheritance
- Young adults with sudden windfalls often make catastrophic financial mistakes—studies show that 70% of inheritances are spent within seven years
Florida’s intestacy laws provide a one-size-fits-all plan for families without estate planning—and it almost certainly doesn’t align with what you would choose for your children. When you fail to plan, you’re essentially choosing this impersonal, bureaucratic process by default.
Imagine the Security a Proper Estate Plan Provides
Take a moment right now to visualize your children growing up happy, healthy, and secure—even if life takes an unexpected turn. This isn’t just wishful thinking. It’s exactly what a thoughtfully created estate plan ensures.
Guardianship: The Foundation of Your Children’s Future
By naming guardians for your minor children, you ensure that people who share your values and parenting philosophy will raise your children if you can’t. This legal designation puts you—not the Florida courts—in control of this crucial decision.
When you select guardians with care and purpose, you can rest assured knowing:
- Your children will be raised in an environment that reflects your values
- Their emotional well-being will be prioritized during a difficult transition
- They’ll maintain connections with extended family and their community
- Their upbringing will follow the path you would have chosen
Picture having these questions settled once and for all:
- Your children will be raised by the people you trust most
- Their inheritance will be protected and distributed at ages you determine are appropriate
- Their financial needs will be met according to your specific instructions
- They’ll receive guidance even when you’re not there to provide it directly
Parents who complete their estate plans consistently tell us the same thing: “I’ve been putting this off for years, and now I can’t believe how much better I feel knowing it’s done.”
The truth is, making these decisions now isn’t just about planning for the worst—it’s about providing the best possible future for your children, no matter what life brings.
Taking the First Step Is Easier Than You Think
Estate planning might not be as exciting as planning your family vacation, but it’s one of the most loving things you can do for your children. The good news? You can start simple and build your plan over time.
Begin with these Florida-specific essentials:
- Will with guardianship provisions
- Durable power of attorney (updated to comply with Florida’s statute requirements)
- Designation of healthcare surrogate
- Trust provisions for minor children
At Brandon Legal Group, we understand the unique needs of young families in Florida. We make the estate planning process straightforward, efficient, and decisive. Our approach isn’t about dwelling on worst-case scenarios—it’s about taking practical steps that give you control and peace of mind.
Your children count on you for everything. Estate planning ensures that even if the unthinkable happens, you’ll still be taking care of them, in all the ways that matter most.
Frequently Asked Questions
How much does basic estate planning cost for families in Florida?
Basic estate planning for young families in Florida typically costs between $1,000-$2,500, depending on complexity. This investment covers wills with guardianship provisions, durable powers of attorney, healthcare advance directives, and potentially simple trusts—essential protection that far outweighs the cost. More complex plans involving multiple trusts or business interests may cost more, but most families can secure comprehensive protection for their children with a straightforward estate plan.
Can I name different guardians for different children?
Yes, Florida law allows you to name different guardians for different children in your will, though courts generally prefer keeping siblings together unless there are compelling reasons for separation. Such reasons might include children with special needs requiring specialized care, significant age differences, or children from blended families who have stronger bonds with different relatives. When considering separate guardians, it’s essential to include detailed explanations in your estate plan to guide the court in honoring your wishes.
Do both parents need to have identical estate plans?
While married parents don’t legally need identical estate plans in Florida, coordinating your plans is typically advisable—especially regarding guardianship designations. Conflicting guardian nominations could lead to court battles if both parents die simultaneously. However, each parent can and should have their own individual documents (will, power of attorney, healthcare directives). For blended families or marriages where assets aren’t fully combined, having somewhat different distribution provisions may make sense while keeping guardianship designations aligned.
What happens if the person I name as guardian doesn’t want the responsibility?
In Florida, a named guardian can decline the appointment when the time comes. This is why it’s crucial to name alternate guardians in your will and to discuss your wishes with potential guardians beforehand. Without viable alternates, the court will appoint someone of their choosing, following Florida’s statutory preference order. Estate planning best practices include naming at least two alternates and revisiting these choices every few years to ensure they remain appropriate as circumstances change for both your family and your chosen guardians.
