As a parent, your first instinct is to protect your children. That instinct doesn’t stop with daily care—it should also extend into your estate plan. If something happens to you, whether temporarily or permanently, you need a legal framework in place that ensures your children are cared for by the right people and that their financial needs are met. A Nevada estate planning attorney can help you create a plan that does exactly that.
Estate planning is about more than distributing your assets after death. For parents of minor children, it's a vital part of ensuring continuity, stability, and protection. While many people believe that estate plans are only necessary for older adults or those with significant wealth, that couldn’t be further from the truth when children are involved.
A last will and testament remains one of the most critical estate planning documents, especially for parents. It serves as the legal tool that outlines your wishes for distributing your property, but more importantly, it allows you to name a guardian for your children in case both parents pass away.
Without a valid will, the decision about who raises your children may be made by a court that doesn’t know your family dynamics. Judges must make a determination based on what they believe to be in the best interest of your child, but this decision may not align with your wishes. Naming a guardian in your will helps guide that decision and provides reassurance for your loved ones.
Your will can also include a testamentary trust, which allows you to leave money or property to your children in a structured and secure way. This type of trust names a trustee to manage the assets and ensures that funds are used for the child’s benefit. Instead of receiving a full inheritance at age 18 or 21, children can receive distributions according to the terms you set. A Nevada estate planning attorney can help you build those terms in a way that reflects your family’s specific needs.
Life is unpredictable. A medical emergency, accident, or even a business trip could leave you temporarily unable to care for your child. A power of attorney for minors designates a trusted adult to step in and make decisions for your child if you’re incapacitated or otherwise unavailable.
This document can grant your agent authority over healthcare, education, financial, and even legal matters on your child’s behalf. In Nevada, powers of attorney for minors may have time limits—some expire after six months or a year. For that reason, it’s important to review and renew these documents regularly.
Without this legal authority, your chosen caregiver may face delays in enrolling your child in school, accessing medical care, or making necessary day-to-day decisions. Working with a Nevada estate planning attorney helps ensure the document is properly executed and provides the coverage you need for any short-term situation.
Many parents name a guardian in their will, but a standalone nomination of guardian adds another layer of protection. This document can be useful if your will isn’t immediately accessible or if you want a simpler way to update guardian information without redrafting your entire will.
Courts do give weight to guardian nominations, but they must be done properly to carry legal authority. A Nevada estate planning attorney can help ensure the nomination includes all required legal elements and that the selected guardian is clearly identified. It's also a good idea to name alternative guardians in case your first choice is unable or unwilling to serve.
Even though the court has final authority in appointing guardians, clearly stating your preferences makes your intentions known and guides the judge's decision. The nomination reduces the risk of family disputes or unexpected appointments, especially during an already emotional time.
While your will and power of attorney cover guardianship and temporary care, a revocable living trust can provide long-term financial stability. This document allows you to transfer ownership of your property and accounts to a trust that you control during your lifetime.
You can name a successor trustee to take over if you become incapacitated or pass away. The trust can hold funds for your children’s education, housing, medical care, and more—all under the terms you set. One advantage of a living trust is that it avoids probate, which can delay access to funds and introduce court oversight.
A Nevada estate planning attorney will help structure your trust to align with your parenting goals and financial resources. Trusts offer the flexibility to stagger distributions, incentivize positive life choices, and protect your children from creditors or poor financial decisions later in life.
A letter of intent isn’t legally binding, but it can add valuable context to your estate plan. This document allows you to explain why you chose a specific guardian, share information about your child’s routines, and express your wishes for their upbringing.
You can include details about schooling, religious beliefs, extracurricular activities, medical history, or anything else you believe is important. While the legal documents provide authority, the letter of intent communicates your values and helps your chosen guardian provide consistent care.
Discussing your guardianship preferences with family members ahead of time can also prevent misunderstandings. A Nevada estate planning attorney can help you include a letter of intent as part of your broader plan, ensuring your wishes are heard even when you cannot speak for yourself.
The absence of an estate plan leaves critical decisions to chance. If you don’t name a guardian, the court will select someone it considers appropriate. If you don’t prepare a power of attorney, temporary caregivers may struggle to meet your child’s needs. Without a will or trust, your child could inherit assets outright at 18, without guidance or safeguards.
You can avoid these outcomes with proper planning. Each document plays a specific role and complements the others. Together, they form a plan that not only protects your children but also eases the burden on your loved ones in times of crisis.
If you’re a parent of minor children and you haven’t addressed guardianship or care instructions in your estate plan, now is the time. Even if you already have a plan in place, it may need updates to reflect new laws or changes in your family.
Meet with a Nevada estate planning attorney to create or revise your will, power of attorney, guardian nominations, and trust documents. These tools work best when coordinated as part of a clear, proactive strategy. Anderson, Dorn & Rader provides guidance to parents throughout Reno and Northern Nevada, helping families protect what matters most.
