Estate Planning For Parents Of Minor Children

If you die without a valid will that names a guardian, a Washington State court will decide who raises your children — and that judge may not know your family, your values, or your wishes. Naming a guardian in your will is one of the most important decisions a parent can make. At Wysocki Law, we help Tacoma parents think through this decision carefully and make it legally binding.

If you are divorced or separated, the surviving biological parent typically retains custody of your children unless a court finds them unfit. However, naming a guardian is still critically important — particularly to address situations where neither parent is able to care for the children. It also gives you the opportunity to document your wishes and values for whoever ultimately raises your children.

A financial fiduciary is a person or institution legally responsible for managing assets on behalf of your child. If your child inherits money or property, they cannot legally manage it themselves until they reach adulthood. Without a named fiduciary in your estate plan, a court will appoint one. Naming your own trusted person — and setting the terms under which assets are managed — ensures your child's inheritance is protected and used the way you intend.

In Washington State, minors cannot directly inherit significant assets. If you leave assets to a child without a trust or other legal structure, the court will appoint a guardian of the estate to manage those funds until the child turns 18 — at which point they receive everything at once with no restrictions. A children's trust allows you to set the age and conditions under which your child receives their inheritance, which most parents find far more appropriate.

Each parent needs their own legally valid estate planning documents — including a will, power of attorney, and healthcare directive — because these documents are individual and cannot be shared. However, your estate plans should be coordinated so they work together consistently, naming the same guardians, aligning on asset distribution, and avoiding contradictions. Wysocki Law works with both parents together to ensure your plans are complementary and comprehensive.