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Estate Planning Is Not Just For Old People: The Benefits Of Early Estate Planning

POWER-OF-ATTORNEY, ESTATE PLANNING, WILLS & TRUSTS

Adair M. Buckner, Attorney At Law

6/12/2026

The solution to avoiding the forced guardianships of minor children is to draw up a Will with trust provisions or a living trust. First, you can specify in your Will who you would want to serve as guardian "of the person" of your children. A guardianship proceeding would still be required, but at least you will have expressed your wishes regarding who the guardian should be.

Texas law sets out a list of relatives who have preference in consideration for the appointment as guardian "of the person" if you fail to specify who you would want to serve. The person favored by law may not be the person you would wish to serve if you fail to provide for this in a Will. The court can override your designation if it feels that the person is highly inappropriate, but this rarely happens.

Second, if you set up trusts for children in your Will, you can avoid the complications of guardianship "of the estate." The trustee you name will control any inheritance left in the trust. Also, the provisions you make for trusts to hold assets for your children can extend the age when they would receive distribution far past 18, provide for periodic distributions at different ages, and place restrictions on their receipt of funds from the trust.

For instance, many parents set out provisions that the child attend a minimum number of class hours and maintain a minimum GPA to receive funds while in college or other post-high school education. Other parents require drug testing to ensure the children remain drug-free while receiving trust funds.

Why Should Young Parents Consider Estate Planning?

The Benefits Of Estate Planning For Parents Of Young Children

Estate planning is more important for parents with young children than for anyone else. If something happens to both parents in an accident, the remaining loved ones will be faced with creating guardianships "of the person" (to provide for the actual care and physical needs of the children) and "of the estate" (to deal with property or money for the benefit of the children).

To compound this bad situation, the guardianship of the estate in Texas ends when each child turns age 18. How many 18-year-olds would you want to have control of any substantial amount of money or property?

At What Age Should You Start The Estate Planning Process?

Estate planning is a wise step at any stage in life when you acquire assets that are not subject to distribution based on payable on death or beneficiary designation.

Even as a young, single person, estate planning is smart because if you do not have a Will, Texas law provides for your estate to pass to your parents, if they survive you, or if not, to your siblings. They certainly may not be the people you need or want your assets to pass to.

If you are in a relationship with someone else or prefer that your estate pass to a friend or some other relative, you would want to provide for them in a Will.

Start Planning Early & Review Periodically

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Please remember that I am not a lawyer and cannot provide legal advice.

Some younger people put off estate planning because they know their family and financial situation may change drastically through the years. It is still better to start early to avoid unnecessary probate and inheritance complications and simply review your plans as time goes by. An estate plan should be reviewed periodically if:

You acquire significantly more assets
A new life event, such as a marriage, divorce, or birth of a child, occurs
You want to make provisions for someone else significant in your life
You want to make a charitable bequest
You want to add trust conditions to govern the receipt of inheritance

Your Will can be amended by either adding a codicil (which really is just an amendment), or if the changes are major, by drawing up a new Will.

Legal Notice:

I am not an attorney licensed to practice law in Texas and may not give legal advice or accept fees for legal advice. Under Texas Admin. Code § 87.40, a Notary Public is prohibited from acting as an attorney or preparing legal documents. We are not a government agency; our role in Apostille services is limited to authenticating signatures and providing courier assistance.

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