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Aug 02, 2026
Becoming a parent changes the purpose of an estate plan. You are no longer planning only for your own property and medical decisions. You must also decide who would care for your child, who would manage the child’s inheritance, and how that inheritance should be used.
Estate planning for new parents does not have to be complicated, but it should address these five important decisions.
1. Who should care for your child?
Louisiana calls the court-appointed guardian of a minor a tutor. Parents can nominate a tutor in a properly prepared will.
Under Louisiana Code of Civil Procedure Article 4062, the court generally appoints the person nominated in a testament or authentic act unless that person is disqualified or the appointment would not serve the child’s best interest.
The nomination does not eliminate the court’s involvement, but it gives the judge clear evidence of the parent’s wishes. Without that direction, relatives may disagree about who should care for the child.
Our article How Do I Name a Guardian for My Minor Child? explains Louisiana tutorship in greater detail.
2. Who should manage your child’s inheritance?
The person raising your child does not necessarily have to manage the child’s inheritance. A parent may choose one person as tutor and another person as trustee.
A trust can provide instructions for using inherited property for the child’s:
- Housing;
- Education;
- Medical care;
- Activities;
- Transportation; and
- Other support.
The trust can also prevent the child from receiving complete control over a substantial inheritance immediately upon reaching adulthood. Instead, the trustee can continue managing the property until the ages or milestones selected by the parents.
This is one reason trusts can be an important part of an estate plan, even when the parents do not consider themselves wealthy.
3. Are your beneficiary designations coordinated with your plan?
Life insurance, retirement accounts, and some financial accounts transfer according to beneficiary designations. A will generally does not override a valid designation on the account itself.
Naming a minor child directly may create problems because a minor cannot independently manage the proceeds. A court-supervised tutorship of the property may become necessary.
Depending on the family’s plan, the better choice may be naming a properly drafted trust as beneficiary. However, retirement accounts and tax-sensitive assets require careful coordination before changing beneficiaries.
4. What happens if a parent becomes incapacitated?
Estate planning is not limited to death. A serious illness or injury could leave a parent temporarily or permanently unable to manage finances or make medical decisions.
A complete plan may include:
- A contract of mandate;
- A health care power of attorney;
- A living will;
- Emergency information for caregivers; and
- Written authorization for appropriate people to obtain information and assist with the child.
These documents help another trusted adult pay bills, address insurance, communicate with health care providers, and keep the household functioning during a crisis.
5. Would your family have enough financial support?
New parents should consider whether the surviving parent or chosen caregivers would have enough money to raise the child.
Life insurance may help replace income, pay a mortgage, provide child care, and fund education. Parents should also review employer benefits, existing savings, debts, and any insurance already in place.
The goal is not necessarily to leave a large inheritance. It is to provide enough structure and financial support so that the child’s caregiver can concentrate on the child rather than an avoidable legal or financial crisis.
Start estate planning while the choices are yours
Estate planning for new parents allows you to choose the people who would care for your child and manage the child’s property. It also gives those people practical instructions and legal authority when they need it most.
Field Law helps Louisiana parents prepare wills, trusts, mandates, and health care documents designed around their children and family circumstances. If becoming a parent has changed what you need from your estate plan, contact Field Law to get started.
