Estate planning isn’t just for retirees or the wealthy. For young parents, it’s one of the most important steps in protecting their children and their future. In this episode, Andy Rosenberg of Rosenberg Law Firm breaks down why every young family needs a solid estate plan, what happens when parents fail to prepare, and how to make the right choices for your family’s long-term security.
Why Estate Planning Isn’t Just for Older Adults
Many young parents believe they can put off estate planning until later in life. But as Andy points out, life can change in an instant. He shares his own story of having a massive heart attack at 48 while swimming—an unexpected event that reinforced the importance of planning ahead.
“You never know when you won’t have a tomorrow,” Andy explains. “People assume they’ll live forever or that they can handle it later. But unfortunately, that’s not always the case.”
Young families, in particular, have the most to lose if they fail to plan. Unexpected illness, accidents, or death can leave children unprotected and without clear direction on who will care for them.
What Happens If Parents Die Without a Will in Florida
In Florida, parents who pass away without a will are said to have died intestate. That means the court—not the parents—decides who will raise their children and manage any inheritance.
“If you don’t have a will, the court steps in to determine guardianship,” Andy explains. “You may trust that the surviving parent will automatically take over, but that’s not always guaranteed—especially if that parent has legal, substance, or financial issues.”
For parents with minor children, this lack of planning can create painful uncertainty. A judge who doesn’t personally know the family will make decisions based on limited information, potentially separating children from relatives or friends who would have been better suited to care for them.
How to Choose the Right Guardian for Your Children
One of the hardest parts of estate planning for young parents is choosing who should raise their children if something happens. Andy says this is often where couples struggle most.
“When I ask parents who should take care of their kids, it’s usually the first time they’ve ever talked about it,” he shares. “It can lead to big arguments because people have strong opinions about who’s best suited.”
Andy emphasizes that families should consider more than just emotional connection. He recommends thinking about:
- Shared values – Educational, moral, and religious alignment matter.
- Maturity and stability – Age, health, and lifestyle should fit your child’s needs.
- Financial responsibility – Guardians should be capable of managing funds wisely.
- Location and lifestyle – Would your children have to move across the country?
He shares a personal story of close friends who asked him and his wife to serve as guardians for their three young children. “It was a huge honor—and a huge responsibility,” he says. “It reminded me how much trust is involved in making that decision.”
Godparents vs. Legal Guardians: What’s the Difference?
Many people assume that naming someone as a godparent gives them legal authority over a child. Andy clarifies that’s not the case.
“A godparent’s role is emotional and spiritual,” he says. “They provide guidance and support, but they don’t have legal rights or responsibilities. A legal guardian, on the other hand, is appointed by the court and has the authority to make decisions about the child’s care, education, and wellbeing.”
Common Mistakes Young Families Make in Estate Planning
According to Andy, the most common mistake is simply not planning at all. But even families who do plan often make other critical errors, like failing to update their documents.
“Estate planning is dynamic, not static,” he explains. “People’s lives change—relationships evolve, family members pass away, and priorities shift. If you name your sister as guardian and later fall out with her, but never update your will, that’s a serious problem.”
He also points out the importance of financial preparation. Many young parents fail to set aside money for their children’s care or secure proper life insurance. “If something happens and there’s no financial safety net, your chosen guardian may be left with huge burdens,” Andy warns.
How Often to Update Your Estate Plan
Andy recommends reviewing your estate plan every three to four years—or sooner if there’s a major life change such as marriage, divorce, or the birth of a new child. His own clients meet with him annually to make sure everything remains up to date.
“Life moves fast,” he says. “Your estate plan should move with it.”
The First Step Every Parent Should Take
Andy’s advice for parents who haven’t started yet is simple: talk to your spouse first.
“This is a private conversation you need to have before meeting with an attorney,” he explains. “You know your family and friends better than anyone. Discuss your wishes and make those big decisions together before sitting down with a professional.”
He reminds parents that being proactive isn’t about fear—it’s about responsibility. “If you have children, you owe it to them to plan,” Andy says. “You don’t want the court—or anyone else—deciding what’s best for your family.”
Protecting What Matters Most
For Andy, estate planning isn’t just paperwork—it’s a way to show love and responsibility for your family. “If you don’t plan, you’re leaving your future to chance,” he says. “Be responsible, protect your kids, and make sure your wishes are known.”
Families ready to start planning can learn more at rosenberglawfirm.net/, where Andy and his team help South Florida families protect their legacies and plan for the unexpected.