Estate Planning for Parents of Minor Children
Arizona Parents Need a Plan to Protect Their Children’s Future
As a parent, you spend your days thinking about your children’s future, safety, happiness, and potential. You guide, nurture, and protect them with everything you’ve got. But one question most parents avoid is this: What happens to my children if something happens to me?
It’s an unsettling thought. Still, it’s one worth facing. Because the truth is, estate planning isn’t about death. It’s about life and your children’s life, after yours. In Arizona, if you don’t put a plan in place, the state will make one for you, and it might not be what you’d want. Before you begin, take a moment to understand the key components of estate planning for Arizona parents with minor children.
Why is estate planning so important for parents?
Minor children can't inherit or manage property on their own. If you pass away without a plan, your kids won’t automatically be placed with the guardian you trust or receive your assets in a way that’s protected.
Without an estate plan:
- The court decides who will have custody of your children.
- A judge appoints someone to manage your estate.
- Your child gets full access to their money at age 18, whether they’re ready or not.
That’s not because the system is cruel; it’s just impersonal. Judges do their best, but they don’t know your values, your family dynamics, or the people you trust. That’s why it’s up to you to spell it out.
What happens if I die without a will in Arizona?
Arizona follows something called intestate succession. If you don’t leave a will, your assets go to your closest relatives in a legal order set by state law. Your children are usually the primary heirs if there’s no surviving spouse.
But that’s just the beginning. A court must still:
- Appoint a guardian to raise your children
- Appoint a conservator to manage their inheritance
That process takes time, costs money, and can become a battleground if family members disagree. Worse, your children could end up in the care of someone you wouldn’t have chosen, simply because you didn’t document your wishes.
How can I choose who will raise your children?
In Arizona, you can nominate a guardian for your children in your Last Will and Testament. This is one of the most powerful things you can do as a parent. The court isn’t bound by your nomination, but judges give great weight to it unless there’s a compelling reason not to follow your wishes.
When choosing a guardian, consider more than just love. Consider the following:
- Age and health
- Parenting style and values
- Stability and willingness
- Relationship with your kids
- Where they live and whether your child would have to move
Additionally, you should always name at least one backup. Life is unpredictable, and the person you choose today may not be available in ten years.
Why is setting up a trust better than naming your child as a beneficiary?
Imagine your 18-year-old inheriting $300,000 in one lump sum. Would they know how to handle it? Would they protect it? Spend it wisely? Maybe or maybe not. That’s why a trust is so valuable.
In a trust, you leave assets for your child but appoint someone to manage them according to your instructions. You can say, “Use the money for school, health care, or housing,” or “Give them 25% at age 25, 50% at 30, and the rest at 35.” This type of structure provides your child with protection, support, and a better chance at achieving financial stability.
In Arizona, both revocable living trusts (which take effect while you’re alive) and testamentary trusts (which are created by your will) are available. An attorney can help you decide which is right for you.
Should you name your child directly on life insurance or retirement accounts?
This is a common mistake. People think, “I’ll just name my child as the beneficiary on my life insurance or IRA.” But if that child is under 18, it creates a legal mess. The money can’t go to the child directly. The court has to appoint a conservator to manage it. This process involves legal fees, court supervision, and strict adherence to rules. When your child turns 18, they receive the entire amount outright, with no strings attached.
A better option might be to name your trust as the beneficiary. That way, the money flows into a structure you’ve already designed, and your wishes are carried out without delay or complication.
What about smaller inheritances or temporary guardianship?
For smaller sums (e.g., a $10,000 life insurance policy), you might consider using Arizona’s Uniform Transfers to Minors Act account. It lets you name a custodian to manage money for a child until they turn 21. It’s simpler than a trust, but not as flexible or protective. Again, at 21, the child gets full control of the funds.
If you're just going out of town for a few weeks and want to give someone temporary legal authority, Arizona also allows temporary guardianship forms. These are useful in cases of travel, hospitalization, or military deployment, but they don't replace a full estate plan.
What other documents do Arizona parents need?
Beyond a will and trust, you should also have:
- Financial Power of Attorney: This allows someone to manage your accounts if you become incapacitated.
- Health Care Power of Attorney: So that someone you trust can make medical decisions on your behalf.
- Living Will: To outline your end-of-life preferences.
- HIPAA release: To let others access your medical records.
When should I update my estate plan?
Your estate plan isn’t a one-and-done task. Review it every few years or sooner if any of the following apply:
- You have another child
- You divorce or remarry
- Your chosen guardian moves or becomes unable to serve
- You acquire new assets
- Arizona law changes
- Think of your plan as a living document—something that grows with your family.
How can an Arizona estate planning attorney help?
If you’re a parent in Mesa or the surrounding East Valley, now is the time to take action. The legal team at The Law Firm of Brown & Jensen understands the profound impact that estate planning can have on families with young children.
Our job isn’t just to fill in the legal blanks. It’s to help you build a thoughtful, lasting plan that reflects your values, priorities, and love for your children. We’ll help you choose the right guardian, structure your trust, coordinate your assets, and make sure your wishes are clearly documented and legally enforceable under Arizona law.
Contact an Arizona estate planning lawyer today
When you schedule a free consultation with Brown & Jensen, you won’t get a sales pitch; instead, you’ll get answers. We’ll sit down with you, listen to your concerns, and walk through your current situation step by step.
Whether you’re starting from scratch or need to update an existing plan, we’ll ensure you understand your options and feel confident in the path forward. There’s no pressure or obligation, just a chance to secure your children’s future with clarity and peace of mind.
Our law firm proudly serves families throughout Mesa, Gilbert, Chandler, Queen Creek, Tempe, and beyond. We’ve helped hundreds of Arizona parents create estate plans that not only protect what matters but also prepare for the unknown with calm and confidence.
If you’re ready to take that first step, contact us today to schedule your free, confidential case review. Your children are counting on you, and we’re here to help you deliver.