Estate Planning for Young Parents in New York

As a parent, your main concern is your children's well-being. Young family estate planning allows you to make decisions today that will protect your family's tomorrow. It is about more than finances — this is about ensuring your children are raised in a loving environment and that your assets support their needs.

Without a plan, New York state laws will decide how your assets are divided, which can create confusion, delays and added stress for your family during an already difficult time. Estate planning ensures that if anything happens to you or your spouse, your wishes are clear.

Why Estate Planning Matters for Young Families

Estate planning is about more than preparing for one possibility. It is about thinking through different scenarios so your family is protected no matter what life brings. Being prepared is especially important for young parents, who often don't plan for death or disability because they think they don't have enough assets to worry about or believe everything they have will automatically go to their spouse. However, young parents need basic documents to formalize their wishes.

A Young Family Estate Plan (YFEP) helps you answer important questions, like what would happen to assets in only one spouse's name or who would care for any children if both parents were to die. These answers help to:

• Protect your children's future: You can express who you want to care for your kids if something happens, helping guide the court and your loved ones.
• Provide financial stability: You can make sure life insurance payouts, savings and other assets go directly to the people who need them most, when they need them.
• Prepare for the unexpected: Illness or accidents can happen at any stage of life. A plan ensures someone you trust can step in to help with medical or financial decisions when needed.
• Reduce court involvement: Certain estate administration tools can help avoid long, costly legal processes like probate, keeping things simpler and more private for your family.
• Give you peace of mind: Knowing you have taken steps to care for your loved ones brings you comfort today and security for tomorrow.

A YFEP is especially important for single or divorced parents, blended families, and families with children who are disabled or have special health care needs.

Wills vs. Trusts: Which Is Right for Your Family?

Choosing between a will and a trust can feel overwhelming, but it comes down to what gives your family the most peace of mind. Start by defining your goals. Do you want a straightforward plan for who gets what? Or are you looking for more control over how and when your assets are passed down?

Wills

A will is a good starting point for many young families. It outlines your wishes, like who should receive your belongings and who should carry out your instructions. This person is called an executor. A will also allows you to express your wishes regarding any matters in family court. A will goes through a legal process called probate, which means a court oversees the distribution of your estate. In New York, that process is public and can take time, making it suitable for smaller or simpler estates.

Trusts

A trust can offer more flexibility and privacy. You can pass assets to your loved ones outside of probate, which can save time and reduce legal costs down the road. It can also let you set specific rules, like only giving your children access to funds when they reach a certain age. A trust can help reduce estate tax planning and income or gift tax planning, which are helpful features for your beneficiaries.

A pour-over will is often used alongside a trust. It ensures that anything not transferred into your trust during your lifetime will be kept away from creditors, as these assets will transfer into your trust, following the instructions you have already laid out.

Essential Estate Planning Documents for Young Parents

New York has specific laws that can impact your estate plan. Separate from the federal tax, the state imposes its own estate tax. When your assets pass through a will, they will go through probate. This court-supervised process can be time-consuming unless you plan ahead. These documents can help you build a strong, thoughtful plan:

• Last will and testament: The last will and testament is the foundation for most estate plans. It lets you choose who gets your belongings, name someone you trust to handle your affairs and express your wishes for child care.
• Power of attorney: The power of attorney allows someone you trust to handle your financial matters if you are alive but cannot do it yourself. These can include paying bills, managing your accounts or taking care of paperwork if you are unable to do so.
• Health care proxy: Having a health care proxy ensures you have a designated person to make medical decisions on your behalf if you are alive but unable to make decisions for yourself.
• Beneficiary designations: Beneficiary designations ensure your life insurance policies and retirement accounts have up-to-date beneficiaries to avoid complications.
• A living will: A living will or advance directive is optional, but helpful. This document spells out your wishes for end-of-life medical care, helping your family and doctors make decisions that align with your values if you cannot communicate them.
• Insurance: While not technically an estate planning document, it's just as important to have life and disability insurance so your family has the financial resources they may need.

How to Get Started

When you have clearly defined goals, take inventory of your assets, including your home, bank accounts, insurance policies, retirement savings and personal belongings. In today's digital world, it is also important to include your digital assets in your plan. These are things like your bank account access, cloud storage, social media, cryptocurrency and family photos stored online. List these accounts in a secure location with user names and passwords, and store them securely.

Taking the first step toward estate planning may feel intimidating unless you have the right estate planning partner who brings experience and knowledgeable expertise to the table. They can turn your intentions into a solid plan, using clear language and the proper documents for your situation. And as your family grows or life changes, revisiting your plan ensures it keeps reflecting your wishes and will protect those you love most.

Why Choose Ettinger Law Firm

At Ettinger Law Firm, we give timely and accurate legal advice while championing our clients' rights and just causes. For over 35 years, we have focused on estate planning and elder law from our offices in twelve New York state locations. We offer:

• Lifetime client estate plan tracking
• A complementary estate planning review every three years
• A no-cost subscription to our Ettinger Elder Elert

Partner With Ettinger Law Firm for Lifetime Estate Planning

For young parents, estate planning is less about predicting the future and more about being prepared for it. It is a way to show care, create stability and protect your children, home and values. An estate planning lawyer can help you navigate state-specific rules and tailor your estate plan to your unique family situation. They will help you avoid common mistakes and ensure your plan is legally sound and built to last.

With over 30,000 satisfied clients and a 4.9 out of 5 Google rating, Ettinger Law Firm can be an excellent choice for your New York estate planning needs. Our team of professional attorneys helps you set up an estate plan that suits your needs, and we stay in contact to ensure your estate plan is updated and that you understand all the components.

Contact us today for a no-cost consultation and get started with your family's estate planning.

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