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Aug 03, 2026
When you have minor children, estate planning stops being just about property. It becomes about protection, stability, and placing the right people in the right roles. This estate planning checklist can help Louisiana parents make those decisions before a crisis occurs.
1. Prepare a Louisiana Will
A will controls who receives your estate. It can also create a trust for your children and name the people who will manage their inheritance.
Without a valid will, Louisiana law determines who inherits your property. The court may also need to make important decisions without clear guidance from you.
2. Choose a Tutor for Your Children
Louisiana generally uses the term “tutor” for the person who has legal authority to care for a minor child and manage the child’s affairs.
Under Louisiana Civil Code Article 257, the parent who dies last generally has the right to appoint a tutor through a will. If another parent survives and retains parental rights, that parent ordinarily has priority.
Parents should name a first choice and at least one alternate. Before making the appointment, consider the person’s health, location, family situation, values, and ability to care for the children. Our article about choosing a guardian or tutor for a minor child discusses these considerations further.
3. Decide Who Will Manage the Children’s Inheritance
Leaving money or property directly to a minor can create avoidable court involvement. A minor cannot personally manage an inheritance, so an adult may need legal authority to handle it.
A trust allows parents to choose:
- The trustee who will manage the property
- How the trustee may use the money
- Whether funds may cover education, health care, housing, and support
- When the child will receive control of the remaining property
- Who will serve if the first trustee cannot act
The tutor who cares for the child and the trustee who manages the money can be the same person, but they do not have to be. Separating those roles may provide useful oversight in some families.
Learn more about why a trust may belong in a Louisiana estate plan.
4. Review Life Insurance and Beneficiary Designations
Life insurance can provide money for housing, education, child care, and daily expenses after a parent dies. Parents should review the amount of coverage and confirm that every policy has a current beneficiary designation.
Retirement accounts and other assets with named beneficiaries also need attention. Avoid naming a minor directly without understanding who will manage the funds. Instead, coordinate beneficiary designations with the will and any trust created for the children.
A well-written trust will not help an account that directs the money somewhere else. All parts of the estate plan must work together.
5. Prepare for a Parent’s Incapacity
Estate planning should also address what happens if a parent becomes unable to make decisions. Each parent should consider:
- A financial power of attorney or mandate
- A health-care power of attorney
- A living will
- Instructions about important accounts and documents
These documents allow trusted people to handle financial and medical matters while the parent is alive.
6. Address Special Family Circumstances
Some families need additional planning. This may include:
- Children from a prior relationship
- Unmarried parents
- A child with a disability
- A family business
- Property subject to Louisiana community-property rules
- Relatives who should not manage the children’s money
An outright inheritance may affect a child’s eligibility for certain public benefits. In that situation, a special-needs trust or another planning tool may provide better protection.
Finally, review the plan after the birth or adoption of a child, divorce, remarriage, relocation, major financial change, or the death or incapacity of someone named in the documents.
Louisiana parents do not need to solve every issue before starting. If you want a practical plan that protects your children and gives your family more certainty, contact Field Law. We can help you prepare a will, choose the right decision-makers, create an appropriate trust, and coordinate the rest of your estate plan.
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