Sofia and James are young parents in Palm Beach with two children under ten. Like many busy families, they kept putting off estate planning because they didn’t think they had “an estate.” But the most important decision they could make has nothing to do with money: who would raise their children if something happened to both of them. Without a plan, that choice falls to a Florida court, not to them.
Why the Will Is Where Guardianship Lives
Under Florida law, parents nominate a guardian for their minor children in their will. A validly executed Florida will (meeting the requirements of Section 732.502, signed by the maker and two witnesses) is the proper place to name the person who would step in. If Sofia and James never make a will, no one is named, and a judge will decide based on the child’s best interests, potentially choosing a relative the couple would not have picked, or triggering a contest between well-meaning family members.
Choosing the Right People
Sofia and James should think beyond the obvious. Who shares their values and parenting approach? Who has the stability, health, and willingness to take on two children? Geography matters too; would the children stay in Palm Beach County near their school and friends, or move across the country? The couple should also name an alternate guardian in case their first choice can’t serve. Just as important, they should actually ask the people they’re considering, rather than surprise them later.
Separating Care From Money
A crucial insight: the best person to raise your children may not be the best person to manage money for them. Sofia and James can name a guardian to handle day-to-day care while naming a separate trustee to manage the children’s inheritance. This separation protects the children and reduces conflict. It also avoids leaving assets directly to minors, who can’t legally control significant funds anyway.
Funding the Plan With a Trust
If both parents died, what would the children live on? A revocable trust under Florida law (Chapter 736), often paired with life insurance, lets Sofia and James set aside funds for housing, education, and care, with a trustee distributing money according to their instructions over the years. They can spell out that funds support the guardian in raising the kids, and that larger distributions wait until the children are mature. This is far better than a lump sum handed to an 18-year-old.
Don’t Forget the “What If I’m Alive but Unable” Plan
Guardianship in a will only takes effect at death. Sofia and James should also sign durable powers of attorney (under Chapter 709) and health care directives so that if one of them is incapacitated rather than deceased, trusted adults can make financial and medical decisions without a court proceeding. A complete plan covers both tragedy and temporary crisis.
Talk With a Florida Attorney
Naming guardians, executing a valid Florida will, and funding a trust for minor children all carry specific legal requirements. A Palm Beach family with young children should work with a licensed Florida estate planning attorney to put these protections in place properly, before they’re ever needed.
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For more on our Florida practice, see our overview of estate planning in Palm Beach. Morgan Legal Group's affiliated New York office also handles .
