What new parents need to know about estate planning

Jennifer Sharpe



Jan 22 2026 16:00


Becoming a parent changes how you think about the future. Suddenly, you worry about decisions regarding money and child care and everything feels more urgent. Without a clear plan, the state may step in to decide key issues about your family if something unexpected happens.

How important is estate planning once you have a child?

Parents are a child’s natural guardians under Florida law, but you should still name a designated guardian in your will. If both parents die or cannot care for the child, a judge might pick someone who may not match your wishes. You need to name a primary guardian and at least one alternate so your child has a clear backup.

Key issues that affect young families

New parents often face the same core concerns when starting an estate plan . These issues tend to grow more complex as assets and responsibilities grow:

  • Who would raise your child if you pass away or become incapacitated
  • Who will manage the money meant for your child
  • How retirement accounts and life insurance pay out
  • How court involvement can delay access to funds

When these points remain unclear, families may face court delays, added costs and outcomes that do not match your final wishes.

How to protect your assets and wishes

Start by making a simple plan so your family knows what to do if something happens to you. A Durable Power of Attorney (DPOA) lets your spouse or someone you trust pay bills and manage accounts if you temporarily cannot.

You should also name a healthcare surrogate to speak with doctors and make medical decisions for you. For new parents, this ensures you get the care you want so you can recover and care for your child.

Get legal guidance for clarity

Estate planning will not remove every risk, but it will give your family a clear path to follow during hard times. An experienced estate planning lawyer can explain how guardianship rules, taxes and probate affect your plan and help make sure it works the way you expect.

Jennifer D. Sharpe, P.A.

Jennifer D. Sharpe is a Fort Lauderdale estate planning attorney and founder of Sharpe Planning, helping South Florida families with estate planning, probate, elder law, and trust administration. A former Deloitte CPA with an LL.M. in taxation, she brings both legal and financial insight to family planning decisions.


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