Will, Trust and Guardianship for your Baby

Updated: Apr 21

Before the birth of  our daughter, we never cared what would happen to our stuff if we died suddenly.  Now that we have Zara, we realize the importance of making a plan for their/our future.  A common time to think about will’s and trusts is during life events, marriage, baby or big promotions that come with a lot more money.  I can tell you that I don’t want my Zara to end up in foster care till the courts can decide which family member or friend will raise her to adulthood.  


We decided to do a will/trust after Zara was born.  The beautiful thing about the document is it can use broad language like “our children are the beneficiaries of our estate” which  means that right now Zara may be the only child we have but as soon as we get pregnant that other child is already provided for in our will without making a trip to the estate planner’s office.  Here is what you need to decide prior to setting up your Will and Trust.

  1. Who is going to be the guardian of your Children if both you and your partner were to die or become incapacitated?

  2. Who is going to be the executor of your estate (who controls the money)?

  3. Who is going to handle the advanced directive (who makes medical decisions for you)?

Start thinking about who you trust before you go meet the attorney.  Attorney’s typically have a worksheet to fill out prior to your first meeting which will help you make those decisions. We did this for Zara so that I knew my brother and sister-in-law will raise and take care of her using the money from her inheritance and even though I hope nothing ever happens it is nice to be prepared.


Here are 2 estate planning attorney’s I like and trust:


Law offices of Jason L. Pintar 408-983-0500  

Law offices of Diane Brown 408-376-275540




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