Estate Planning for New Parents in Florida

When you have a child, estate planning stops being something to “get to someday.” Even if you’re young and healthy, a few documents now can make sure your child is cared for — by the people you choose — no matter what. Here’s where Florida parents should start.

1. Name a guardian for your child

This is the single most important reason for new parents to make a will. In it, you nominate the person who would raise your child if both parents were gone. Without that nomination, a Florida court decides — possibly choosing someone you wouldn’t have. Learn more about how guardianship works.

2. Don’t leave money directly to a minor

Here’s a trap: a minor child can’t legally receive a large inheritance or life-insurance payout directly. If you name your young child as a beneficiary, the money may end up controlled by a court until they turn 18 — then handed over in a lump sum. The fix is usually a trust (or a similar arrangement) that holds the funds and releases them responsibly over time.

3. Get a will — and often a trust

A will handles guardianship and directs your assets. Many parents pair it with a living trust to avoid probate and to manage money for the child. Also review beneficiary designations on life insurance and retirement accounts so they align with your plan.

4. Protect yourselves, too

Parents should also have a durable power of attorney and health care directives, so that if one of you is incapacitated, the other can act without going to court. A complete plan protects the whole family, not just the child.

Frequently asked questions

Do I really need a will if I’m young and healthy?

If you have a child, yes. The will is where you name a guardian — without it, a court decides who raises your child.

Can I name my baby as my life insurance beneficiary?

It’s usually not ideal. Minors can’t directly receive large sums, so the money may be court-controlled until age 18. A trust is typically a better way to hold it for them.

What happens if both parents pass away without a plan?

A Florida court appoints a guardian and applies the state’s default inheritance rules — outcomes that may not match your wishes. A simple plan puts you in control.

This article is general information about Florida law, not legal advice. Every family’s situation is different. Alfredo J. Rubio Law, PLLC offers free, bilingual estate-planning consultations — contact us to protect your family.