Portability Doesn’t Happen Automatically

November 13, 2025

Portability allows a surviving spouse to use any “leftover” estate tax exclusion from the first spouse to die. It’s a powerful estate planning technique, according to a recent article in Think Advisor, “This Estate Tax Filing Mistake Can Cost Clients Millions.” However, portability doesn’t happen automatically.

To secure portability, the executor of the first deceased spouse’s estate must file a Form 706—known as an estate tax return—to elect portability, and it must be filed in a timely manner and be properly prepared.

This is necessary even if no estate tax is otherwise due from the deceased spouse’s estate. Given the high federal estate tax exemption, most affluent couples nearing the threshold don’t need to file the form. However, it’s still worth filling it out. Here’s why.

A husband who dies with $5 million in assets passes that along to his wife, who may have $10 million of her own. If she lives another 20 years and is invested in markets, her wealth upon her death could be very close to or over the maximum estate tax exemption for a single person. If she secures portability at the time of her husband’s death, she can use his remaining estate tax exemption amount and avoid significant estate tax when passing wealth onto her heirs.

Even if the first spouse to pass doesn’t come close to the federal estate tax threshold, it still makes sense to take the right steps to secure portability. A recent Tax Court case illustrates how this can go wrong if not done correctly. A successful midwestern business owner died, and the form wasn’t filled out correctly. The filing mistake cost heirs an additional $1.5 million in estate taxes from the surviving spouse’s estate.

The deadline to elect portability of a deceased spouse’s unused federal estate tax exemption is nine months after the date of death. While your estate planning attorney can request a six-month extension, it’s best to do this in a timely manner. If the estate isn’t otherwise required to file an estate tax return, you can use the Revenue Procedure 2022-32. This was added after many estates failed to file for portability because they didn’t realize it was needed until after the federal estate tax return was due.

This process is not easy and involves several important steps, especially if any of the first-to-die spouse’s assets flow to anyone other than the surviving spouse or a charity. In these situations, assets flowing out of the first estate must be assigned a fair market value using a valuation professional.

The IRS provides a valuation method for estates filing solely to capture portability. An executor may use a good-faith estimate of the value. However, securing a professional valuation may be recommended by your estate planning attorney.

The Tax Court case referred to above illustrates how this process can go wrong. The assets passed down by the first spouse to die went to other family members, not her spouse or a charity. A proper valuation was not done. The executor also applied for an automatic extension to file Form 706 but failed to mail the return until five months after the extended deadline. There are some instances when the IRS provides a “safe harbor” for late filing. However, this only applies when the value of the first deceased spouse’s estate is less than the applicable exclusion amount. The return was not complete, nor was it properly prepared.

Portability is a beneficial option and shouldn’t be missed, even when it seems unlikely to be needed. Just remember – portability doesn’t happen automatically. An experienced estate planning attorney should be consulted to protect the estate upon the death of the first spouse to secure portability. If you would like to learn more about portability and estate planning, please visit our previous posts.

Reference: Think Advisor (October 15, 2025) “This Estate Tax Filing Mistake Can Cost Clients Millions”

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A Cross-Border Strategy is Needed for Estate Planning with Assets Overseas

November 11, 2025

Ultra-high-net-worth families often live, invest and give across borders. A plan that works in one country can misfire in another. Different rules on domicile, tax residency, marital property and forced heirship can alter who inherits and how much tax is due. Institutions may also block access to accounts until local requirements are met. A cross-border strategy is needed for estate planning with assets overseas. It brings these moving parts into one coherent framework, so heirs receive what you intend with fewer delays and fewer surprises.

Where Plans Break Across Borders

Countries define domicile and tax residency in different ways. One country may view you as a resident based on days present, another based on ties such as a home or family. Several civil law jurisdictions enforce forced heirship, which reserves a portion of an estate for children or a spouse regardless of what your will says.

Community property and separate property systems divide marital wealth differently. Without alignment, the same asset can face competing claims or double taxation. Bank secrecy and data rules can also slow access, especially when fiduciaries lack translated and apostilled documents.

Building A Multi-Jurisdiction Framework

Begin by documenting where you are treated as tax resident and where you are domiciled. Keep residency certificates, visa records and professional analyses that explain treaty positions.

Next, identify succession rules that could override your choices. Some jurisdictions allow you to elect the law of your nationality or habitual residence to govern your estate. Make that election clearly in your will or trust if it is available and ensure that each country where you hold assets will honor it.

Align legal structures with asset locations. Company shares, private funds and real estate often benefit from situs-appropriate holding entities or trusts that are recognized locally.

Confirm whether the jurisdictions you care about recognize common law trusts, civil law foundations, or both. Where recognition is limited, consider alternatives such as shareholder agreements, life insurance wrappers, or local testamentary tools.

Coordinating Fiduciaries and Access

Execution details matter. Appoint executors and trustees who can act in each country or name local co-fiduciaries where required. Prepare notarized and apostilled copies of core documents and translations into the languages your institutions require.

Maintain a secure inventory of accounts, safekeeping locations and key relationships, along with device passcodes and instructions for two factor authentication. These access steps are as necessary as the legal documents, since many institutions will not release information without them.

Philanthropy, Art, And Liquidity

Cross-border philanthropy can trigger registration, reporting, or withholding. Decide whether to use a single foundation, parallel entities, or donor-advised funds in more than one country, for art, yachts, aircraft and collectibles, track situs, export and cultural property restrictions and insurance conditions.

Plan liquidity for taxes that may be due before private business interests or real estate can be sold. Consider credit facilities, life insurance, or staged distributions to avoid forced sales at a discount.

Using Multiple Wills Safely

Many families benefit from separate wills for different countries. Each will should cover only assets in its jurisdiction and should state that it is limited in scope so it does not revoke the other will. Coordinate signing formalities, witnesses and governing law choices. Keep originals and certified copies in a location where fiduciaries can easily access them.

How An Estate Planning Law Firm Can Help

An estate planning law firm with cross-border experience can map domiciles and residencies, make governing law choices where permitted and tailor trusts or entities that local courts and registries recognize. A cross-border strategy is needed for estate planning with assets overseas. If your life spans more than one country, schedule a consultation so a lawyer can align documents, structures and access protocols before a crisis forces hurried decisions. If you would like to learn more about estate planning for assets overseas, please visit our previous posts.

Reference: Forbes (September 24, 2025) “Cross-Border Estate Planning Guide, Essential Strategies For Ultra High-Net-Worth Families”

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Pour-Over Will is a Safety Net for Your Estate Plan

November 4, 2025

Many families use a living trust to avoid probate and maintain private distribution. In real life, assets are acquired, accounts are opened and paperwork is often overlooked. A pour-over will is a safety net for your estate plan. It directs anything left in your name at death to “pour over” into your trust, so your trustee can follow one set of instructions.

What a Pour-Over Will Does

It names your trust as the beneficiary of your probate estate. If you forget to retitle an account or receive an unexpected payment, the trustee will gather those items and route them to the trust. You get unified control of who inherits, when and how, because the trust’s terms apply to everything that pours over.

Benefits of a Pour-Over Will

Use it whenever you have a revocable living trust. It is helpful if you own property in multiple places, expect new accounts or inheritances, or want the trustee to manage holdbacks for minors, spendthrift protections, or staged distributions.

When Not to Use a Pour-Over Will

A pour-over will does not avoid probate for assets still titled in your name. Those items may still require a court process before they reach the trust. It does not replace beneficiary designations on life insurance or retirement accounts. It does not solve funding errors for out-of-state real property without additional planning.

How To Set Up a Pour-Over Will Correctly

Coordinate Documents

Your will must correctly identify your trust by name and date. Keep the trust and will stored together and update both after significant life events.

Fund the Trust During Life

Retitle key assets into the trust now, then use the pour-over will as a backstop. Add transfer-on-death or payable-on-death designations where appropriate, aligned with the trust plan.

Name the Right Fiduciaries

Choose an executor who can move promptly and a trustee who understands the trust’s instructions. Add alternates in case a first choice is unavailable.

Coordination With Beneficiaries and Taxes

A pour-over will is a safety net for your estate plan. Confirm that beneficiary designations on retirement plans and insurance align with the trust. If your trust includes tax planning or special needs provisions, verify that the pour-over will capture assets that must pass through those provisions. Keep a concise asset list with locations, so your executor and trustee can act promptly. If you would like to learn more about pour-over wills, please visit our previous posts.

Reference: NerdWallet (Sep. 16, 2025) “What Is a Pour-Over Will and How Does It Work?”

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Keep Certain Assets Out of a Trust to Avoid Probate

October 30, 2025

Living trusts are often praised as the cornerstone of avoiding probate. By transferring assets into a trust, individuals can ensure a smoother transition of wealth to heirs, often bypassing costly and time-consuming court proceedings. Yet, despite their benefits, not all property is well-suited for titling in a living trust. Including the wrong assets can create unintended tax consequences, legal complications, or unnecessary administrative burdens. It is wise to keep certain assets out of a living trust to avoid probate.

Understanding Living Trusts

A living trust is a legal entity that holds assets during a person’s lifetime and directs their distribution upon death. It provides flexibility, privacy, and efficiency compared to a will. However, it is not a one-size-fits-all solution. Certain assets are best kept outside of the trust to ensure they function as intended.

Retirement Accounts and Living Trusts

One of the most common mistakes in trust planning is transferring retirement accounts, such as IRAs, 401(k)s, or pensions, into a living trust. Federal tax rules treat these accounts differently, requiring that they remain in the individual’s name until withdrawal or distribution.

If a retirement account is retitled in the name of a trust, it could trigger immediate taxation of the full balance. Instead, individuals should use beneficiary designations to transfer these assets directly to their heirs, preserving tax advantages such as “stretch IRA” benefits where applicable.

Vehicles and Living Trusts

Cars, trucks, and other vehicles are generally poor candidates for trust ownership. The administrative burden of retitling, insurance complications, and the frequency of buying or selling make them impractical to place in a trust.

In most states, small estate provisions allow vehicles to pass outside of probate without issue. Unless a car is a valuable collector’s item or part of a business, keeping it in personal ownership usually makes more sense.

Health and Medical Savings Accounts

Like retirement accounts, Health Savings Accounts (HSAs) and Medical Savings Accounts (MSAs) have unique tax treatments that do not align with trust ownership. Instead, owners should assign beneficiaries directly through the account provider. Upon death, the funds transfer smoothly to the named beneficiary.

Assets with Named Beneficiaries

Life insurance policies, payable-on-death (POD) bank accounts, and transfer-on-death (TOD) securities accounts already bypass probate when a beneficiary is named. Including these assets in a trust is redundant and can even complicate matters. Ensuring that beneficiary designations are up to date often provides a more straightforward path.

Mortgaged Property

While real estate is often placed into a trust, property with outstanding mortgages requires careful planning and consideration. Transferring a home with a mortgage into a trust may trigger concerns or due-on-sale clauses from lenders. Proper legal guidance ensures compliance with both trust law and lending agreements.

When to Seek Guidance

It is wise to keep certain assets out of a living trust to avoid probate. Estate planning is a deeply personal process, and what works for one family may not be suitable for another. An estate planning attorney can help evaluate which assets should be placed in a trust and which should remain outside. They also ensure that excluded assets are transferred through other probate-avoidance methods, such as beneficiary designations or joint ownership structures.

If you are considering creating or updating a living trust, consulting with an estate planning attorney ensures your trust is both practical and efficient. If you would like to learn more about placing assets in a trust, please visit our previous posts.

Reference: Yahoo Finance (September 11, 2025) “If you want your kids bypass probate when you die, here are 5 assets to avoid putting in a living trust”

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Strategies to Avoid Disputes Between Siblings

October 28, 2025

Inheritance disputes are among the most common causes of family conflict following the death of a parent. While parents may assure children during their lifetime that property will be divided evenly, the legally binding estate plan can tell a different story. This gap between promises and plans is at the heart of many sibling battles. There are strategies to avoid estate disputes between siblings.

Why Promises and Plans Diverge

Parents often express intentions informally, believing verbal assurances are enough. Yet without clear documentation, courts follow the written will, trust, or beneficiary designations. This can leave some siblings feeling betrayed when the estate plan doesn’t reflect the verbal promises made.

Confusion also arises when parents alter their estate plans late in life. A parent may gift a home, business, or financial asset to one child, sometimes without consulting the other children or the rest of the family. While these actions may be legally permissible, they can sow resentment among siblings who expected equal treatment.

Common Sources of Estate Disputes

Sibling disputes over inheritances often emerge from several recurring scenarios:

Unequal distribution of assets: One sibling inherits property or financial assets of greater value than others.
Unclear estate documents: Ambiguous or outdated wills can spark conflicting interpretations.
Blended families: Children from multiple marriages often have different expectations about inheritances.
Caregiver favoritism: A child who cares for a parent may be left more than siblings, leading to accusations of undue influence.

When these disputes escalate, they often result in costly litigation. Estate litigation can drain estate assets and deepen rifts between siblings.

The Legal Weight of Written Documents

Courts prioritize written estate documents over verbal statements. Even if a parent promised to divide assets evenly, what matters legally is the signed will or trust. Similarly, beneficiary designations on retirement accounts or insurance policies override the will. This reality often surprises families who believed verbal promises carried legal weight.

For example, a mother may assure both children that they will split her estate evenly. Later, however, she gifts a valuable piece of real estate to one of her children. If the property transfer was executed correctly, the other sibling may have no legal recourse. The sense of unfairness is real, but the law generally enforces the written transfer.

Preventing Sibling Conflicts Through Planning

Parents can take several steps to prevent estate disputes among their children:

Document Intentions Clearly:

Estate plans should leave no ambiguity. Wills and trusts must accurately reflect the parents’ true wishes, and updates should be made after major life events, such as remarriage, the birth of grandchildren, or significant asset purchases.

Communicate With Family:

Conversations about estate planning can be uncomfortable, but they reduce the chances of misunderstandings later. Parents should explain their decisions and the reasoning behind them, especially if one child will inherit differently.

Use Legal Safeguards:

Estate lawyers can help draft documents that withstand challenges. For instance, “no-contest” clauses discourage heirs from disputing the plan. Parents can also record their reasoning in writing to strengthen the validity of their choices.

The Role of an Estate Planning Lawyer

Estate planning lawyers play a key role in bridging the gap between family expectations and legal realities. They ensure estate documents are enforceable, anticipate areas of potential conflict, and advise on tools such as trusts to equalize distributions.

If your family is facing uncertainty or strained sibling relationships over inheritance promises, there are strategies to avoid estate disputes between siblings. Consulting an estate lawyer early can help preserve both financial assets and family bonds. If you would like to learn more about estate disputes, please visit our previous posts.

Reference: MSN (14 September 2025) “My parents promised to split their estate 50/50, but my mother gave my brother real estate. Is that fair?”

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End-of-Life Planning is Often Overlooked

October 22, 2025

End-of-life planning is often overlooked. However, it is one of the most meaningful ways to protect your family. Funeral costs can be overwhelming, and without preparation, surviving relatives may face both emotional and financial burdens. Burial insurance and prepaid funeral plans are two tools that can ease this process and make sure your final wishes are carried out.

What Is Burial Insurance?

Burial insurance, also known as final expense insurance, is a type of whole life insurance specifically designed to cover funeral costs, burial expenses and related fees. Policies typically range from $5,000 to $25,000, providing a modest but essential safety net.

Unlike larger life insurance policies, burial insurance focuses specifically on immediate post-death costs. It is generally easier to qualify for, with simplified underwriting and fewer medical exams. This makes it an attractive option for older adults or those with health conditions.

Burial insurance benefits are paid directly to the beneficiary, who can then use the funds to cover funeral services, outstanding medical bills, or other final expenses.

What Are Prepaid Funeral Plans?

Prepaid funeral plans allow you to arrange and pay for funeral services in advance. These plans are typically purchased through a funeral home and may include services such as the casket, memorial arrangements, cremation, or burial plot.

Advantages of Prepaid Funeral Plans

Planning in advance locks in current prices, protecting against inflation in funeral costs. It also relieves loved ones from having to make rushed financial and emotional decisions during a period of grief. Prepaid plans can be tailored to reflect personal wishes, ensuring that the funeral reflects the individual’s values and preferences.

Potential Pitfalls

Not all prepaid plans are created equal. Some may lack portability if you move to another state or wish to change providers later. Others may include hidden fees or restrictions. It is important to review contracts carefully and ensure that the funds are held in trust or covered by insurance to protect your investment.

Comparing Burial Insurance and Prepaid Funeral Plans

Both burial insurance and prepaid plans help families avoid unexpected financial burdens, but they work differently.

Burial insurance provides flexibility since the payout can be used for any expenses, not just funeral costs.
Prepaid plans ensure funeral arrangements are made in advance. However, they may limit how funds are applied.

Many families choose to use a combination of both, securing burial insurance for flexibility while prepaying certain services to lock in costs and preferences.

Integrating These Tools into Estate Planning

End-of-life planning goes beyond financial considerations; it is about protecting loved ones from stress and ensuring that your wishes are carried out. Including burial insurance or prepaid funeral plans in your estate planning provides a complete picture of how your legacy will be handled.

Attorneys can help align these tools with broader estate plans, ensuring that beneficiary designations, trusts and wills all work together. By taking these steps, families can focus on honoring their loved one’s memory rather than worrying about bills or logistics.

End-of-life planning is often overlooked. If you are considering burial insurance or a prepaid funeral plan, now is the time to review your options. An estate planning law firm can help you determine which approach best fits your needs and ensure that your family is protected. If you would like to learn more about end-of-life planning, please visit our previous posts.

References: Forbes (Aug 16, 2023) “Do You Need Burial Insurance?” and Ramsey Solutions (Sep 6, 2023) “Pros and Cons of Prepaid Funeral Plans”

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Differences between Estate Administration and Trust Administration

October 20, 2025

When someone passes away, their property must be distributed according to legal procedures. Two of the most common mechanisms are estate administration and trust administration. Though the terms are sometimes used interchangeably, there are important differences between estate administration and trust administration. Understanding how each works helps families prepare for potential costs, delays and responsibilities.

What Is Estate Administration?

Estate administration refers to the court-supervised process of managing a deceased person’s assets, also known as probate. If there is a will, the court validates it and appoints an executor to carry out its instructions. Without a will, state intestacy laws dictate who inherits.

Estate administration typically involves:

Collecting and inventorying assets
Notifying creditors and paying debts
Filing tax returns
Distributing the remaining property to heirs

Because it is court-supervised, probate can be a lengthy and public process. In many states, the process can take anywhere from months to over a year, depending on the complexity of disputes or assets. Probate costs, such as filing fees and attorney expenses, also reduce the value of the estate.

What Is Trust Administration?

Trust administration occurs when a person creates a trust during their lifetime and funds it with assets. Upon the death of the original trustee, the successor trustee takes over to manage and distribute the trust property according to the terms outlined. Unlike probate, trust administration is usually handled privately without court oversight.

Trust administration typically requires the trustee to:

Notify beneficiaries and creditors
Manage trust investments and expenses
File tax returns for the trust
Distribute assets according to the trust’s terms

Because no court process is required, trust administration is often faster and more efficient. However, trustees carry significant fiduciary responsibilities and must act in the best interests of the beneficiaries, sometimes under scrutiny.

Key Differences Between the Two

The primary differences center on privacy, efficiency and costs.

Court Involvement: Estate administration requires probate court supervision; trust administration generally does not.
Timeline: Probate can be lengthy, while trust administration is typically quicker.
Privacy: Probate is public record, whereas trusts are private.
Costs: Probate can involve higher legal and court fees; trusts often reduce those expenses.

That said, trusts are not always cheaper overall. Creating and funding a trust during one’s lifetime has upfront costs, and trustees often hire attorneys or accountants to handle complex tasks.

When Both May Apply

Sometimes, both processes are necessary. If a person creates a trust but fails to transfer all assets into it before death, those leftover assets may still require probate. Likewise, disputes among beneficiaries can push even trust administration into court.

Why Legal Guidance Matters

Both estate and trust administration involve navigating legal duties, deadlines and potential conflicts. Misunderstanding the differences between estate administration and trust administration can be costly. Executors and trustees who mishandle their responsibilities may face liability from beneficiaries or creditors. An estate planning attorney helps families prepare documents that minimize the need for probate, ensure trusts are properly funded and guide administrators through their obligations.

If your family is facing estate or trust administration, consulting an attorney can save time, reduce costs and protect you from legal missteps. If you would like to learn more about estate and trust administration, please visit our previous posts.

Reference: Justia (October 2024) “Trust Administration Law”

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Your Time to File for Probate Is Limited

October 16, 2025

When someone dies, their estate must be settled according to state probate laws. Probate is the legal process of validating the will, paying debts and distributing assets. While some estates qualify for simplified procedures, many must pass through formal probate, which involves courts and strict timelines. Your time to file for Probate is limited.

Every state sets deadlines for when probate must begin, often ranging from a few months to a year after death. Missing these deadlines can complicate estate administration, leading to penalties, delayed distributions, or even lawsuits among heirs.

Filing Requirements Vary by State

Probate rules are not uniform. Some states require filing within 30 days of death, while others allow several months. Deadlines also depend on whether the estate is small, whether a valid will exists, or whether someone contests the estate. For example, some states permit informal probate for estates under a certain dollar threshold, while others require a complete process regardless of the estate’s size.

Even when the court allows more time, creditors and beneficiaries may push for prompt action. Early filing reduces risks of disputes and preserves estate value.

Why Families Delay Filing Probate

Families often delay probate for emotional reasons. Grief, confusion about the process, or strained relationships among heirs can cause hesitation. Sometimes families assume that because they agree on distribution, probate is unnecessary. Failing to follow legal steps can invalidate asset transfers and expose heirs to potential liability.

Other times, families don’t realize the clock is ticking. Without timely filing, creditors may pursue claims directly, or heirs may face costly court battles in the future.

What Happens if You Miss the Deadline?

Missing a probate deadline can create serious complications:

Beneficiaries may lose rights to certain assets if claims expire.
Creditors may have longer windows to pursue unpaid debts.
Courts may impose additional oversight, requiring more hearings and paperwork.
Heirs may become personally liable if they use estate assets before resolving creditor claims.

In rare cases, failing to file within the statutory time can prevent probate altogether, leaving assets stuck without a clear path to transfer.

Preparing Before Filing Probate

While deadlines are strict, families should prepare carefully before filing. This includes:

Gathering the death certificate, will and estate documents
Identifying all assets and liabilities
Reviewing state rules for exemptions, such as small estate affidavits
Consulting an attorney to determine whether the estate qualifies for simplified probate

Being organized before filing not only ensures compliance but also prevents costly mistakes once proceedings begin.

The Role of Probate Attorneys

Probate attorneys guide families through filing deadlines, paperwork and hearings. They help identify which deadlines apply, prepare petitions and ensure that creditors and beneficiaries are properly notified. Attorneys also protect executors from liability by ensuring that debts and taxes are settled before distributing assets.

For complex estates or when heirs disagree, having a lawyer is crucial. An attorney can keep the process on track and avoid missed deadlines that might otherwise derail the estate’s settlement.

Your time to file for Probate is limited. If you have recently lost a loved one, it is critical to act quickly. Contacting a probate lawyer ensures that deadlines are met and the estate is handled in compliance with state law. If you would like to learn more about probate, please visit our previous posts.

Reference: NerdWallet (Aug. 17, 2025) “How Long Do You Have to File for Probate After a Person Dies?”

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Choosing a Guardian for Minor Children is Critical

October 14, 2025

Parents often focus on wills, trusts and financial planning. However, they overlook naming a guardian for their children. Choosing a guardian for your minor children is a critical step. Without this step, a court may decide who raises the child if both parents are unable to do so. While judges consider family ties and the child’s best interests, the decision may not reflect your preferences. Proactive planning provides peace of mind and helps prevent uncertainty during an already challenging time.

Key Considerations in Choosing a Guardian

Guardian selection should not be rushed. Families should weigh a variety of factors before naming someone.

Emotional and Practical Suitability:

The guardian should have the ability and willingness to provide both emotional stability and day-to-day care. Consider their relationship with the child, their parenting style and their values. A guardian’s age and health also matter. While grandparents may love deeply, they may not be physically equipped to raise young children long-term.

Financial Stability:

Raising children is expensive. A guardian does not need to be wealthy. However, they should have the financial means to provide a stable home. Estate planning tools, such as life insurance and trusts, can supplement the guardian’s resources and ensure that children’s needs are met.

Location and Lifestyle:

The guardian’s location may affect schooling, friendships and the child’s sense of continuity. Consider whether relocation would be necessary and assess the potential disruption it might cause. Lifestyle factors, such as work commitments, existing family dynamics, or religious beliefs, should also be considered to ensure alignment with your wishes.

Naming and Documenting a Guardian

Once you have decided on a guardian, it is crucial to make the designation legally binding.

Using a Will or Legal Document:

The primary place to name a guardian is in your will. Without this, the court decides. A clear, legally valid designation ensures your choice is respected. In some cases, you may include alternates if the first choice is unable or unwilling to serve.

Open Communication with Potential Guardians:

Before finalizing the decision, have an honest conversation with the chosen guardian. Confirm that they are comfortable with the responsibility and that they understand your expectations. Discuss practical matters, such as education, healthcare and long-term goals for your children.

The Role of Estate Planning in Supporting Guardians

A guardian’s role is primarily personal and emotional. However, financial structures can ease the transition.

Trusts to Manage Assets:

Appointing a trustee to manage the child’s inheritance allows the guardian to focus on caregiving. The trustee and guardian may be the same person or different individuals, depending on your comfort level. Separating financial and caregiving roles can sometimes reduce conflicts and ensure accountability.

Regular Review and Updates:

Life circumstances change. A chosen guardian may move, experience health problems, or no longer be the best fit. Revisiting your estate plan every few years ensures that the guardian designation remains appropriate.

Why Legal Guidance Is Essential

Guardian selection is a deeply personal decision. However, it also has legal and financial implications. An estate planning attorney ensures the designation is executed correctly and that supporting documents, such as wills, trusts and powers of attorney, work together to provide a safety net for your children.

Choosing a guardian for your minor children is a critical. Consulting an estate planning law firm provides peace of mind that your children will be cared for according to your wishes. If you would like to learn more about guardianship, please visit our previous posts.

Reference: BabyCenter “How to choose a guardian for your child”

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The Estate of The Union Season 4|Episode 7 is out now!

October 9, 2025

The Estate of The Union Season 4|Episode 7 is out now! We continue our Conversations with Non-Profits series, where our listeners have an opportunity to learn about the great works of local and state non-profits.

In this episode of The Estate of The Union, Zach Wiewel chats with CEO Erica Blue of Austin Sunshine Camps about the fantastic work they have been doing for kids for nearly 100 years! We learn about how Austin Sunshine Camps provide youth living near or below the poverty line an opportunity to spend seven or ten days at one of two camps they provide for children.

Their programs enrich the community by encouraging and facilitating the power to succeed through education and healthy living. Austin Sunshine Camps renders the space and comfort kids need to look beyond their current situation and dream big! It is a fun conversation with a wonderful organization.

If you would like to donate, or volunteer at Austin Sunshine Camps, please visit their website, www.SunshineCamps.org or give them a call at 512-472-8107.

In each episode of The Estate of The Union podcast, hosts and lawyers Brad Wiewel and Zach Wiewel will give valuable insights into the confusing world of estate planning, making an often daunting subject easier to understand. It is Estate Planning Made Simple! The Estate of The Union Season 4|Episode 7 is out now! The episode can be found on Spotify, Apple podcasts, or anywhere you get your podcasts. If you would prefer to watch the video version, please visit our YouTube page. Please click on the links to listen to or watch the new installment of The Estate of The Union podcast. We hope you enjoy it.

Texas Trust Law focuses its practice exclusively in the area of wills, probate, estate planning, asset protection, and special needs planning. Brad Wiewel is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. We provide estate planning services, asset protection planning, business planning, and retirement exit strategies.

Category: Trusts