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Becoming a parent for the first time is one of the most exciting and beautiful things that will happen in your lifetime–but you’ve probably also started to feel the weight of the overwhelming responsibilities that come with it. Sure, everyone talks about how hard it is, and how much it changes your life, but you don’t really know until you’re there. Alongside overwhelming love and tenderness coupled with crippling exhaustion, you’re also faced with a multitude of important duties that you’ve never had to think about before. Choosing the safest car seat. Ensuring you have a steady supply of diapers. Finding the right pediatrician. Babyproofing your home…and the list just goes on and on (and on).
Aside from these immediate responsibilities, you’re likely finding yourself suddenly tasked with planning your child’s entire future, too. While much of your focus might be on more pressing concerns, there’s one crucial task you can’t afford to delay: ensuring your child’s well-being if you are no longer around.
Establishing a legal guardian and possibly creating a will might feel like tasks for “someday,” but having a contingency plan for your child’s future is one of the most important gifts you can give them. No one can say with certainty whether and when these protections will come in handy, and they ensure that your assets will be distributed according to your wishes and that should something happen to you, your child would be cared for by someone you trust.
The Role of Guardianship and Wills in Estate Planning
While the term ‘estate planning’ might conjure images of wealth, inheritance, and vast swaths of land that you may or may not have, in essence it’s about protecting your family. Designating a legal guardian and writing a will are two key components of estate planning for new parents. Let’s break down what each of those are, how they’re different, and how they work together.
Guardianship: Essentially, selecting a guardian means that you are appointing who you would want to step in to parent your children if for some reason you couldn't. This responsibility goes far beyond day-to-day parenting and involves making big decisions about your child’s education, health, and general well-being. Without a legal guardian in place, decisions about their future care would be left up to the courts. Leaving it up to the law could lead to conflicts among family members or even placement with someone you might not have chosen.
Will: A will is a legal document that outlines what will happen to your belongings, savings, property, and other assets after your death. In most states, appointing a guardian requires including that designation in your will. Thankfully, however, many states now allow parents to use a separate document, known as a ‘testamentary instrument’, to name a guardian without having a will. We know how busy you are as a new parent. You might not have the time or presence of mind to put together a will, which requires a lot of thought and consideration of additional decisions around finances and assets. While completing a full will is important, we get that going down the path of estate planning can feel totally overwhelming as a new parent, and that’s why we built Trustie: to allow you to take the first step by having a backup plan in place for who will care for your kids.
Section 2: Why Starting Early Matters
Don’t have a guardian appointed yet? It’s understandable that planning for the unexpected might not be your idea of a fun Friday night, especially right when you’ve just started to taste the beauty (and difficulty) of parenthood. Perhaps you had also assumed that your child would automatically go to a close family member were something to happen to you. Unfortunately, even if your family’s intentions are clear, the court may not see it the same way–and disagreements or unforeseen events could complicate matters. While hopefully you will enjoy quality time with your children for many decades into the future, accidents and illnesses can happen anytime, so delaying the process of designating a guardian could leave your child unprotected.
In addition to giving you peace of mind, starting to think about your guardianship designation early on allows you to make thoughtful decisions without the pressure of immediate need. If you aren’t sure whether the person you designate as a guardian now would necessarily be the same person you’d choose a year or two or more down the road, don’t worry – your choice need not be final. You can revisit and update your guardianship designation (and your will) as circumstances change. For example, if your first pick moves out of state, if your family or theirs grows, or if something else changes, you can designate a new guardian. The important thing is to just get started.
As mentioned, many states no longer require you to have a will in order to designate a guardian. Some parents even in these states delay the process due to the common misconception that they must have a will. If you live in California, Connecticut, Maine, Massachusetts, Florida, Illinios, Texas, or Washington and you don’t have time or bandwidth to write a will right now, don’t stress - Trustie has got your back.
Section 3: How to Get Started
Getting started with guardianship might feel intimidating, but the process is simpler than you think, especially with platforms like Trustie that guide you through every step. Check out our 1-minute explainer video on how you can quickly and easily designate a guardian for your child today.
As a new parent, we know your to-do list is never-ending. However, appointing a guardian is too important a task to delay; don’t leave your child’s future to chance. Luckily, Trustie simplifies this process for you with an easy-to-use online platform that lets you complete the form in minutes for just $89. Take the first step today to ensure that should something unexpected happen, your child would be in the loving hands of someone you trust.
