Planning for Minor Children in Your Estate Plan: What Every Parent Needs to Know

Posted by Bobby Dale BarinaJul 24, 20250 Comments

If you have children under 18, estate planning isn't optional—it's essential. Too often, young or middle-income families think estate planning is only for the elderly or the ultra-wealthy. But if something unexpected happens to you, who will care for your children? Who will manage their inheritance?

The One Big Beautiful Bill Act (OBBBA) may have raised the estate tax exemption to $15 million per person, but the need to protect your children's future remains just as urgent—especially in the event of death or incapacity.

At Barina Law Group, we help parents across Temple and Central Texas answer these difficult questions with clarity and confidence.

Here's What Every Parent Needs in Their Estate Plan

  1. Guardian Designation

You must legally name the person you want to raise your child if you and the other parent can't.

⚠️ Without this: A judge—not you—will decide who takes over.

✅ With it: You control who steps in to love, care for, and raise your child.

  1. Trusts for Minor Beneficiaries

Minors cannot legally inherit property. Without a trust, the court appoints someone to manage the money—and your child gets full control at 18.

✅ With a revocable living trust, you decide:

  • When your child receives funds (age 25, 30, or in stages)
  • Who manages the money (your chosen trustee)
  • How it can be used (education, medical needs, housing, etc.)
  1. Life Insurance Planning

Many parents have life insurance through work or private plans. Make sure:

  • Your beneficiary designations align with your trust or will
  • You don't name a minor child directly (this triggers court intervention)

Pro tip: Consider naming your minor's trust or revocable trust as the life insurance beneficiary.

  1. Medical and Financial Powers of Attorney

If you're incapacitated—even temporarily—someone needs legal authority to:

  • Make decisions for your child
  • Access funds to care for them
  • Handle school, medical, or travel issues

Bonus: Don't Forget About the Child Care Tax Credit

The expanded Child Care Tax Credit remains a valuable tool for families with young children. A good estate planner can help coordinate your tax planning, asset planning, and guardianship designations to maximize all available benefits.

How Barina Law Group Can Help

We build family-first estate plans that:

  • Name guardians with backups
  • Create flexible trusts for minors
  • Coordinate with your life insurance and retirement accounts
  • Provide simple, affordable solutions for real families

You don't need millions to plan well. You just need a law firm that understands what matters most.

📞 Call to Action

If you're a parent in Central Texas, this is your call to action. Protect your kids now—before the court decides for you.

📞 Call (254) 699-3755 or visit www.bobbybarinalaw.com