Personal Property

4 Reasons Expecting Parents Need an Estate Plan

August 24, 2022
4 min read
Mother holding newborn in hospital
Get the legal advice you need without the hourly legal fees
Explore Plans

Did you know that August is National Make-a-Will Month? Having an estate plan is so important, and in this article, we’re diving deeper into why it’s a good idea for expecting parents to set up a Will before their child is born.

Experts recommend creating an estate plan before your due date

Having a baby is one of life’s most significant hallmark moments for parents, and there’s a lot to do to prepare for your new family member to arrive. One of the to-do items that can slip through the cracks is setting up or updating your Will and estate plan before your baby’s due date. Why is this so important?

What’s the significance of planning before the child arrives? Let’s break down four reasons why it’s vital to have a Will in place before your child’s birth.

4 ways an estate plan protects you and your child

Having a Will, in general, is critical, and it’s essential for parents who are expecting to know how a Will can safeguard them and their child if one of life’s many unpredictable events comes up. Keep reading to learn how proper estate planning can protect and make critical decisions if you cannot.

1. Allows you to set up a medical directive

You never know what can happen during any medical procedure. A medical directive can decide how long a parent will stay on life support if she goes into a coma, for example, or state important decisions such as what should be prioritized in certain situations. Without one, doctors will have to make those critical calls to the best of their ability, without your say.

2. Designates who will care for your new baby if you can’t

When you have a child, it is critical to put protections in place to ensure they’re well cared for, should something ever happen to you. One of the ways you can do that is to designate a guardian if you’re not there to care for them yourself.If you unexpectedly pass away without a Will in place, you will not get a say in who cares for your child, and the person that the court ends up appointing to be your child’s guardian might not be who would have chosen.

3. Stipulates who can act on your behalf regarding legal and business matters

It’s a smart idea to set up a Healthcare Power of Attorney who can designate someone as your legal and business voice if you’re not able to. Life is unexpected, and while it’s not that fun of a topic to discuss, it’s important to think about the types of scenarios that can pop up unexpectedly so you can be prepared.

4. Allows you to leave assets for your new baby

A Will also protects your child by allowing you the opportunity to leave behind your assets (including your home, car, special possessions, and everything else you own) or set up a trust.

Talk to your lawyer about creating an estate plan

August is National Make-a-Will Month for a reason—it’s often the slowest part of the summer for many, and an excellent time to check off those lingering to-do items you’ve been avoiding for the past several months. LegalShield makes creating a Will easy and quick. Talk to your LegalShield lawyer to discuss your estate planning options.

Get the Answers You Need,
When You Need Them

Shop Plans
Share this article
Label
Label
Label
Label

Related articles

Back to Learning Center
A white house with a brown roof in bright sunlight. A woman is standing outside, tending to colorful windowboxes.
Personal Property
6 min read
What Are House Deeds, and How Do I Get Mine?

You might need your deed when you’re selling your home, adding a spouse to the deed, checking ownership, or trying to settle estate questions.

6 min read
Person avatar icon.
Author Name
,
Author Title
August 5, 2026
A multi-generational family sitting around a dinner table, enjoying a meal together
Personal Property
5 min read
Per Stirpes vs. Per Capita: Choosing how your estate gets distributed

The difference between "per stirpes" and "per capita" can be confusing. They sound alike and both have to do with who inherits your assets if a named beneficiary dies. We'll explain the difference.

5 min read
Person avatar icon.
Author Name
,
Author Title
August 5, 2026
Photo of a person signing a legal document at a desk while someone sits beside them
Personal Property
6 min read
How to Sign as a Power of Attorney Agent to Represent a Loved One

Signing as a POA Agent is more than just jotting down your signature. Banks, title companies, healthcare providers, and similar entities might reject documents if the signature doesn’t clearly show that you’re signing for the other person.

6 min read
Person avatar icon.
Author Name
,
Author Title
August 4, 2026
An adult and a senior relative look at a document on a tablet while snacking on bread.
Personal Property
5 min read
How to Avoid Probate With Thoughtful Estate Planning

Probate can take time, add costs, and create extra work for loved ones during an already difficult time. That’s why people often want to know how to avoid it.

5 min read
Person avatar icon.
Author Name
,
Author Title
July 31, 2026
A woman working on a laptop in a bright kitchen
Personal Property
5 min read
Personal Representative vs. Executor: Who Does What?

An executor is always a type of personal representative, but a personal representative isn't always an executor. Learn about the differences and what each does.

5 min read
Person avatar icon.
Author Name
,
Author Title
July 27, 2026
Two older adults look a a contract together.
Personal Property
6 min read
How to Set Up a Living Trust: People and Considerations Involved

A Living Trust lets you decide now what happens to your home, savings, and other assets when you die.

6 min read
Person avatar icon.
Author Name
,
Author Title
July 24, 2026
A multi-generational family sitting on a park bench on a sunny day, taking a photo together.
Personal Property
5 min read
How Funding a Trust Works, and Why It Matters

Setting up a Trust creates the container for the assets, and funding it is how the assets actually get into the Trust.

5 min read
Person avatar icon.
Author Name
,
Author Title
July 23, 2026
Two people having a conversations about fiduciary vs trustee.
Personal Property
3 min read
Fiduciary vs. Trustee: Which One Do You Actually Need?

Fiduciary and trustees are similar concepts, but have key differences. A Trustee is a type of fiduciary. Every Trustee is a fiduciary, but not every fiduciary is a Trustee.

3 min read
Person avatar icon.
Author Name
,
Author Title
July 16, 2026
*See your plan contract for details. Additional fees, limitations, and waiting periods may apply.