Estate Planning

Obligation to Provide for a Minor Child?

By Jennifer Sawday

Sometimes an interesting question is posed by a client -- do I have to leave something for my minor child in my Will?

Remember in most estate planning documents and for most families, a couple with children will typically leave their entire estate to their spouse or partner knowing that the surviving spouse or partner will properly provide for their children through their majority and beyond. But what happens if you don't leave your estate to the other parent and have a minor child in question? Are you legally obligated to provide for that minor in your estate planning document?

Well, it depends. (And this is appropriately framed by the Thursday, April 17 Lawyer joke of the day calendar entry: "A law school professor said to a graduating class, "Three years ago, when asked a legal question, you could answer, in all honesty, 'I don't know.' Now you can say with great authority, 'It depends.'")

It depends on which state you live in. Each state has different laws that may touch upon this issue.

It also depends if there is another document or obligation, which may be enforced at a parent's death and his or her estate to provide for the minor. For example, a divorce decree or judgment may state child support obligations incur beyond the death of the parent until the child reaches majority.

But typically, in California for instance, there is no legal obligation to specifically provide for a child in your Will or Trust.

This is an issue, however, that must be discussed with your estate planning attorney and addressed in light of your particular situation.

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Estate Planning, Probate and Trusts involve complex areas of law. Individual circumstances must be considered before any advice can be given.  The general information above is not to be construed as legal advice, which can only be given after consideration of the unique facts of each matter. Please seek the advice or counsel of your attorney, financial advisor or CPA as it may be appropriate.

Full post as published by Estate Planning Practice Blog on April 17, 2008 (boomark / email).