Estate planning checklist for new parents in Charlotte
By Rod Burnett · Updated 2026-07-25
Becoming a parent changes what’s urgent about estate planning. It’s no longer just about who gets your belongings. It’s about who raises your child if you can’t, and that question deserves a clear answer sooner rather than later.
The most urgent document: naming a guardian
If both parents die or become incapacitated without a will naming a guardian, a court decides who raises your child, based on available relatives and the court’s own judgment, not necessarily your actual preference. Naming a guardian in your will is the single most important thing a new parent’s estate plan accomplishes that a plan without children doesn’t need to address.
Checklist for new parents
| Item | Why it matters |
|---|---|
| Will naming a guardian | Puts your choice of who raises your child on legal record |
| Backup guardian named | Covers the case where your first choice can’t serve |
| Life insurance policy | Provides financial support for your child’s care |
| Beneficiary designations updated | Retirement and life insurance accounts should reflect your child, not an outdated beneficiary |
| Trust or custodial provisions for minors | Controls how and when a child receives an inheritance, rather than a lump sum at 18 |
| Power of attorney and healthcare directive | Protects your own decision-making if you’re incapacitated while your child is young |
Choosing a guardian
This is often the hardest decision on the list, and it’s common for parents to disagree or feel stuck between family members. Consider not just who loves your child, but who shares your parenting values, has the stability and willingness to take on the responsibility, and is realistically positioned, geographically and financially, to do it. Naming a backup guardian matters too, in case your first choice can’t serve when the time comes.

Don’t forget life insurance beneficiaries
A life insurance payout is one of the most common ways new parents provide for a young child’s care, but naming a minor directly as beneficiary creates the same lump-sum problem as an inheritance without a trust. Most attorneys recommend naming a trust, or a custodian under state law, as the beneficiary instead, so funds are managed on the child’s behalf rather than handed over all at once at 18.
Why a lump-sum inheritance isn’t ideal for a minor
Without planning, an inheritance left directly to a minor typically has to be managed by a court-appointed custodian until the child turns 18, at which point they receive the full amount at once, regardless of whether they’re ready to manage it. Many parents prefer a trust with staggered distributions, releasing funds at set ages or milestones instead of all at once, giving a young adult more guidance than a lump sum at 18 provides.
What to discuss with your co-parent first
Before your attorney meeting, it helps to talk through a few things together: your top guardian choice and a backup, whether you want life insurance to fund the child’s care directly or through a trust, and roughly how much coverage feels adequate given your family’s expenses. You don’t need to arrive with final answers, but having discussed the basics together makes the meeting itself faster and less stressful.
If you’re a single parent
Naming a guardian matters even more when there’s only one parent, since there’s no automatic second parent to step in. It’s worth naming both a primary and backup guardian clearly, and discussing the choice directly with the people you’re naming so they understand what they’re agreeing to before it’s ever needed.
Don’t let “we’ll get to it” become the plan
New parents are busy, and estate planning competes with a long list of more immediate demands. But this is one of the few tasks where the cost of delay is disproportionate to the effort required. A basic will naming a guardian can often be drafted and signed within a few weeks of a first meeting.
Our directory of wills and trusts attorneys in Charlotte can help new parents get a plan in place quickly. You can browse our full directory for other categories, and our methodology page explains how listings are scored and ranked.
FAQ
- What happens to my child if both parents die without a will naming a guardian?
- A court decides, based on the family's circumstances and available relatives, without your input. Naming a guardian in your will is the only way to make sure your own preference is on record.
- Can grandparents automatically become guardians if something happens to us?
- Not automatically. A court considers a range of factors and relatives, and grandparents aren't guaranteed to be appointed unless you've specifically named them as your preferred guardian in your will.
- Do we need to update our plan every time we have another child?
- You should at least review it. Most wills can be written broadly enough to cover future children, but it's worth confirming your named guardian and any specific provisions still make sense as your family grows.
- How quickly should new parents get a will in place?
- As soon as reasonably possible after a child is born, ideally within the first year. It doesn't need to be complicated: a basic will naming a guardian and beneficiaries covers the most urgent gap for most new parents.