When you are raising young children in New York, estate planning rarely feels urgent. You are busy, you are healthy, and the topic feels far away. But for parents, an estate plan is really about one question: if something happened to you and your partner, who would raise your children, and how would they be provided for? Answering that question on your own terms, instead of leaving it to a judge, is one of the most loving things you can do.
Name a Guardian in Your Will
The single most important reason for a young family to have a will is guardianship. In New York, you nominate a guardian for your minor children in your will, executed with the formalities of EPTL 3-2.1. If you have not, a Surrogate’s Court or Family Court judge decides who raises your children, choosing among relatives who may not be who you would have picked. Naming a guardian, and a backup, removes that uncertainty and the family conflict that so often follows. Talk to the person first; it is a big ask.
Do Not Leave Money to a Minor Outright
Here is a surprise for many New York parents: children cannot legally inherit and manage property until age 18, and even at 18, a lump sum of life insurance or savings is a lot to hand a teenager. If you leave assets directly to a minor, the court may require a guardianship of the property with ongoing supervision. A much smoother solution is a trust under EPTL Article 7. You name a trustee to manage the money and direct how it is used for education, health, and support, and you decide at what ages your children receive it, perhaps in stages at 25, 30, and 35.
Life Insurance Is the Engine of a Young Family’s Plan
For most young New York families, net worth is modest but future needs are enormous. Life insurance fills that gap. Rather than naming your young children directly as beneficiaries, which recreates the minor problem, you can name your trust as the beneficiary so the trustee manages those proceeds for your children. This coordination between your beneficiary designations and your trust is where many homemade plans fall apart.
Plan for Incapacity Too
A serious accident or illness can be just as disruptive as death. A durable power of attorney under GOL 5-1513 lets your spouse or another trusted person handle finances if you cannot, and a health care proxy under PHL Article 29-C names who makes medical decisions for you. Young parents sometimes overlook these, but they prevent a court guardianship and keep your family functioning during a crisis.
Why Avoiding Intestacy Matters Here
Without a will, New York’s intestacy rules in EPTL Article 4 apply. Your spouse gets the first $50,000 plus half the remainder, and your children split the rest, with their shares tied up in court supervision until adulthood. That outcome rarely matches what young parents actually want, and it can complicate a surviving spouse’s ability to use the money to raise the kids.
Talk to a New York Attorney
The good news is that a young family’s plan is usually straightforward: a will naming a guardian, a trust for the children, coordinated beneficiary designations, and incapacity documents. A New York estate planning attorney can put these in place quickly so you can get back to the busy, beautiful work of raising your kids. This article is general information, not legal advice; please consult a licensed New York attorney about your family’s situation.
Have a question about your estate?
Talk it through with Russel Morgan — free 30-minute consult.