Estate Planning for Minor Children in California

Protecting your kids by making sure your children will always be cared for by the people you choose with the assets that you leave behind.

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Why Estate Planning Is Essential for Parents of Minor Children

Most parents are constantly thinking about how to keep their kids happy, healthy, and safe, but many avoid planning for what will happen to their kids in the event of their own death or incapacity. The “mental load” of parenting is never-ending, but every parent deserves the peace of mind that comes from knowing their children will be cared for both emotionally and financially in the event the unthinkable occurs.

Estate planning for minor children ensures that in the event something happens to you, your kids will be cared for by the people you trust, with the resources they need. At The Law Office of Emily Hester, we guide families through the essential steps to legally name guardians, manage assets, and create a plan that offers lasting peace of mind.

Without a plan, the courts will decide who raises your children and how your assets are managed—often without knowing your values, wishes, or unique family dynamics. Naming legal guardians and setting up a trust to manage their inheritance ensures your children are cared for, both emotionally and financially.

With a clear plan in place, you eliminate uncertainty and reduce the emotional burden on your loved ones during an already difficult time.

How We Help You Plan for Your Children’s Future

Emily Hester takes a compassionate, personalized approach to help you plan for your family’s future. We’ll walk you through each step—from choosing a guardian to creating a trust that controls how and when your children receive assets. Many parents choose to delay full access to inheritance until their children reach a more mature age, and a properly structured Trust makes that possible.

We also help you prepare Powers of Attorney and Health Care Directives for yourself, so your adult children are never left making decisions for you without clear guidance.

Take the 1st Step

  • Schedule a complimentary intro call to assess your estate planning needs and learn more about our processes.

  • Answer an online questionnaire about your family dynamics and your assets before coming in for a Planning Session.

  • Meet with Emily Hester virtually to design a plan that will keep your family out of court and out of conflict.

  • Comprehensively review your plan and then sign your plan before a mobile notary at your home or office.

  • Meet with Emily Hester virtually for a funding meeting to discuss retitling assets in your Trust and updating beneficiaries to align with your plan.

Frequently Asked Questions about Estate Planning for Minor Children

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  • Choosing a guardian is one of the most important decisions you'll make in your estate plan. Consider someone who shares your values, parenting style, and can provide a stable, loving home. You should also think about their age, health, and relationship with your children. It’s a deeply personal decision, and we can help you evaluate your options from both a legal and practical perspective.

  • It’s okay if your chosen guardians don’t live nearby, but we encourage clients to name temporary guardians who live locally in case something happens while the long-term guardian travels to your children. The goal is to ensure a smooth transition with minimal disruption for your kids.

  • It's usually not a good idea to name a minor child directly as the beneficiary of financial accounts, insurance policies, or retirement funds. Instead, it's better to set up a Trust to manage those assets on their behalf until they reach an age you choose. This avoids court oversight and ensures the funds are handled according to your instructions.

  • Term life insurance can help provide financial security for your children while they are young. We can provide referrals to help you explore affordable, practical options to make sure your children are cared for financially.

  • A Trust is one of the best tools for managing how and when your children receive their inheritance. It allows you to name a trusted person (called a Trustee) to oversee the assets until your children reach the age or milestone you designate—helping protect them from financial mismanagement or outside influence.

  • Absolutely. Your estate plan should grow with your family. If your chosen guardians move away, become unable to serve, or if you simply change your mind, you can update your documents at any time. It's smart to review your plan every few years or after major life events.

  • By creating a revocable living trust and funding it properly, you can ensure your children's guardians or trustees have access to necessary funds without waiting for probate. This allows them to cover essential expenses like housing, school, and medical care right away.

Take the First Step by Scheduling an Intro Call

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  • Schedule a complimentary intro call to assess your estate planning needs and learn more about our processes.

  • Answer an online questionnaire about your family dynamics and your assets before coming in for a Planning Session with Emily Hester.

  • Attend a Planning Session with Emily Hester and virtually design a plan that will keep your family out of court and out of conflict.

  • Comprehensively review your plan and then sign all of your documents before a mobile notary at your home or office.

  • Meet with Emily Hester to discuss retitling your assets and updating your beneficiaries to align with your Trust.

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From The Families We’ve Helped

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“We highly recommend Emily for estate planning. She made everything smooth, seamless and clear. Emily was always on time, prepared and thoughtfully guided us through the entire process. She answered all our questions carefully and followed up promptly. Everyone should have a plan in place and Emily is the right person to help you!”

̴Vichai P.

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“Estate planning was something that my husband and I steadfastly avoided for many years. It all seemed too stressful and fraught with emotional decisions. We are so very fortunate to have met Emily, who guided us through the process with her expertise and good judgment. She handled difficult conversations with the utmost respect and sensitivity, helping us to assess, navigate and formalize a plan that was best for us. Her knowledge, skill and overall thoughtfulness were invaluable. We are forever grateful to her for setting up our family planning in the best possible way.”

̴Tess B.

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"We had a wonderful experience working with Emily to design our family's estate plan. She was knowledgable, attentive, and made the process smooth and easy to understand. Her professionalism and clear communication gave us peace of mind about taking care of each other and our children."

̴Christopher J.

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“This estate planning process seemed intimidating, but Emily was so reassuring and informed. She made it simple and I feel a huge weight off knowing this is all taken care of. Could not recommend more!”

̴Madeleine V.

Have you named legal guardians for your kids?

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Download Our Free Kids Protection Planning Guide

When thinking about whether this is the right time to do your estate planning, ask yourself these questions:

  1. Who would take care of my kids if something happened to me and my partner?

  2. Would my loved ones have immediate access to enough financial resources to properly care for my children?