Share

Miami FL Estate Planning & Elder Law Blog

Monday, December 14, 2015

What would happen if another child is born after establishing an estate plan?

This question presents a fairly common issue posed to estate planning attorneys. The solution is also pretty easy to address in your will, trust and other estate planning documents, including any guardianship appointment for your minor children.

First, its important to note that you should not delay establishing an estate plan pending the birth of a new child.  In fact, if your planning is done right you most likely will not need to modify your estate plan after a new child is born.  The problem with waiting is that you cannot know what tomorrow will bring and you could die, or become incapacitated and not having any type of plan is a bad idea. 

In terms of how an estate plan can provide for “after-born” children, there are a few drafting techniques that can address this issue.  For example, in your will, it would refer to your current children typically by name and their date of birth. Then, your will would provide that any reference to the term "your children" would include any children born to you, or adopted by you, after the date you sign your will.

In addition, in the section or article of your will that provides how your estate and assets will be divided, it could simply provide that your estate and assets will be divided into separate and equal shares, one each for "your children." That would mean that whatever children you have at the time of your death would receive a share and thus the will would work as you intend, even if you did not amend it after having a new child. 

On a side note, you should make certain that your plan does not give the children their share of your estate outright while they are still young.  Rather, your will or living trust should provide that the assets and money are held in a trust structure until they are reach a certain age or achieve certain milestones such as college graduation or marriage. Any good estate planning attorney should be able to advise you about this and help walk you through the various options you have available to you.


Blog Categories

Estate Planning

Archived Posts

2017
2016
December
November
October
September
August
July
June
May
April
March
February
January
2015


Steven Silverman, P.A., serves clients in Florida cities such as Miami, Kendall, Doral, Miami Beach, Aventura, Homestead, Key Biscayne, Coral Gables, Miami Gardens, North Miami, Miami Springs, Hialeah, Miami Gardens, Pinecrest, Palmetto Bay, Cutler Bay and others throughout Miami Dade County, Broward County and Palm Beach County and South Miami.



© 2017 Miami Center for Estate Planning, Elder Law & Probate Steven Silverman, P.A. | Disclaimer
9655 South Dixie Highway, Suite 310, Miami, FL 33156
| Phone: 305-666-6111

En Español | About Us | Practice Areas | Client Forms | FAQS

Law Firm Website Design by
Amicus Creative