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Estate Planning | Making a Difference One Family at a Time

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    • Trust AdministrationĀ 
  • Elder Law
    • Alzheimer’s Disease
    • Caregiver Information
    • Elder Law Reports
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
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    • Medicaid Planning
    • Options for Paying for Nursing Home Care
  • Resources
    • Complimentary Estate Planning Worksheet
    • Complimentary Medicaid/Long-Term Care Calculator
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      • Glastonbury Elder Law Resources
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      • Asset Protection and Business Planning FAQs
      • Business Succession Planning FAQs
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      • Nursing Home Asset Protection FAQs
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      • Wills FAQs
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Estate Planning for Young Families FAQs

Starting a family changes everything about your financial life. It also changes everything about what happens if you die without a plan. The questions below address the estate planning decisions that matter most when you have young children depending on you.

Do I really need an estate plan if I’m young and healthy?

Yes. Estate planning is not about how old you are or how much you own. It is about what happens to your children if you cannot care for them.

Without a plan, a Connecticut court decides who raises your children. The court makes that decision based on its own assessment of the child’s best interests, without any input from you.

A will allows you to name a guardian of your choosing, which is reason enough to have one regardless of your age or assets.

What happens to my children if both parents die?

Without a will naming a guardian, the court appoints one. Family members may disagree about who that should be, and the dispute plays out in probate court while your children wait.

Naming a guardian in your will does not guarantee the court will honor that choice, but it carries significant weight and gives the judge clear evidence of your intentions.

You should also name a backup guardian in case your first choice is unable or unwilling to serve.

Should young families use a will or a trust?

Both serve different purposes, and most young families benefit from having each.

Your will names your guardian, directs your assets through probate, and appoints an executor to manage the process. A revocable living trust keeps assets out of probate entirely and allows your successor trustee to act immediately without court involvement.

In Connecticut, probate fees are based on estate value and can be substantial on even a modest estate.

Minor children cannot legally receive a direct inheritance. If you leave assets to a child under 18 without a trust or other structure in place, a Connecticut court will appoint a guardian to manage those funds until the child comes of age.

That guardianship requires court oversight, ongoing reporting, and legal fees throughout its duration. At 18, the full balance transfers to the child outright regardless of whether they are prepared to manage it.

A trust solves both problems. It names a trustee you choose to manage assets on your children’s behalf from the moment of your death, without court involvement. It also controls how and when distributions are made, allowing you to stagger access across several years rather than delivering a lump sum to an 18-year-old.

What is a testamentary trust?

A testamentary trust is created inside your will and takes effect at your death. It allows you to leave assets to your children under managed conditions rather than outright, naming a trustee to oversee distributions for their benefit.

Unlike a revocable living trust, a testamentary trust does not avoid probate. Your estate still goes through the Connecticut probate process before the trust is funded. For families focused primarily on protecting minor children rather than avoiding probate, it can be a simpler starting point.

What is a UTMA account, and is it the same as a trust?

A Uniform Transfers to Minors Act account allows you to leave assets to a minor child under a custodian’s management. It is not a trust. The custodian manages the funds until the child reaches the age specified under Connecticut law, at which point the full balance transfers outright with no conditions attached.

A trust gives you far more control over timing, purpose, and distribution terms. For most families, a trust is the stronger tool.

Do I need life insurance as part of my estate plan?

Life insurance is not a legal document, but it belongs in any honest conversation about young family planning. If you die with minor children and no liquid assets, your estate plan has nothing to work with. A term life insurance policy provides the financial foundation that makes the rest of your plan functional.

Ownership and beneficiary designation matter. Naming a minor child directly as a beneficiary can trigger court oversight of the funds. Your estate planning attorney can help you structure ownership in a way that keeps the proceeds out of court and inside your plan.

When should we update our plan?

Review your plan after every significant life change: the birth of another child, a move to a new state, a change in financial circumstances, or a shift in your relationship with a named guardian or trustee. Documents that reflected your life five years ago may not reflect it today.

An estate plan is not a one-time task. It is something you maintain as your family grows.

Ready to protect your family?

Now is the time for action if you are unprepared as a parent of minor children. We have a Westport, CT estate planning office and another one in Glastonbury, and you can call us at 860-548-1000 or send us a message to request a consultation appointment.

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Glastonbury Office Address

Somerset Square
200 Glastonbury Boulevard, Suite 202
Glastonbury, CT 06033-4418
Phone: (860) 548-1000
Fax: (860) 761-1070

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Westport Office Address

Westport Office
8 Wright Street, Suite 107
Westport, CT 06880
Phone: (860) 548-1000
Fax: (860) 761-1070

Map

Nirenstein, Horowitz & Associates P.C. Westport Office Google Maps

Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 5:00 PM

Our Law Offices

Nirenstein, Horowitz & Associates P.C.
SOMERSET SQUARE

200 Glastonbury Boulevard, SuiteĀ 202 Glastonbury, CT 06033-4418

Phone:(860) 548-1000

Fax: (860) 761-1070

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Westport Office

8 Wright Street, Suite 107
Westport, CT 06880
Phone: (860) 548-1000
Fax: (860) 761-1070

( By appointment only )

See Larger Map

Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 5:00 PM

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