Maya and Devon are in their early thirties, renting near downtown West Palm Beach with a toddler and a baby on the way. Like most young parents, they assume estate planning is for the wealthy and the elderly. In truth, they are exactly the people who need it most, because they have young children and no plan for who raises them. Let us walk through what their attorney would prioritize.
The First Question Is Not Money. It Is Guardianship.
If something happened to both Maya and Devon, a Florida court would decide who raises their children. Without a written nomination, relatives might disagree, and a judge in Palm Beach County who never met the family would step in. In their will, executed under Section 732.502, Maya and Devon can nominate a guardian for their minor children. The court still confirms the choice, but a clear nomination carries real weight and prevents a painful family fight.
Do Not Leave Money to a Minor Directly
Here is a trap young parents fall into: they buy a large life insurance policy and name the children as beneficiaries. In Florida, minors cannot legally control significant assets, so the court appoints a guardian of the property, and the child receives everything outright at 18. Few parents want an 18-year-old handed a six-figure check. The answer is a trust, often a revocable trust under Chapter 736 or a testamentary trust, naming a trustee to manage funds for health, education, and support, distributing principal at ages the parents choose.
Life Insurance Is the Engine
For a young Palm Beach family, term life insurance is usually the most cost-effective way to replace lost income and fund the children’s future. The key is to direct the proceeds into the trust rather than to the kids directly. That way one document, the trust, controls who manages the money and how it is spent, whether the family stays in Florida or moves.
The Documents That Protect Maya and Devon Themselves
Estate planning is not only about death. If Devon were in a serious accident, Maya would need legal authority to act for him. A durable power of attorney under Chapter 709 lets a spouse handle finances during incapacity. A designation of health care surrogate and a living will let the other make medical decisions and express end-of-life wishes. Without these, Maya could be forced into a costly guardianship proceeding just to pay the mortgage or speak with doctors.
Keep It Simple, Then Revisit
Young families do not need elaborate tax structures. Florida has no state estate or inheritance tax, and most young couples are well under federal thresholds. What they need is a will with a guardian nomination, a trust to hold assets for the kids, proper beneficiary designations, and the incapacity documents. As they buy a home in Palm Beach and have more children, they revisit the plan.
One Caution on Beneficiary Forms
Maya and Devon should make sure their retirement accounts and life insurance name the trust or each other correctly, not an outdated parent or sibling. A perfect will cannot override a stale beneficiary designation, and that mismatch is one of the most common ways a young family’s plan unravels.
A Note on Getting It Right in Florida
For young parents, the stakes are guardianship of your children and access to your own assets in a crisis. Florida’s rules on minors, homestead, and incapacity reward a small amount of early planning. Talk with a licensed Florida estate planning attorney while your children are young. This article is general information, not legal advice.
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For more on our Florida practice, see our overview of powers of attorney in Florida. Morgan Legal Group's affiliated New York office also handles .