Mother’s Day is coming up, and the holiday reminds us that very few things are stronger than a mother’s love for her children. In the spirit of that sentiment, this article will be geared towards mothers and their kids. We’ll discuss how mothers can protect their kids through smart estate planning. 

Moms and Their Kids 

While this list certainly is not exhaustive, it does contain some of the most important documents an estate plan should include. Consult an attorney for more information on how to structure your estate plan. Like families, no one estate plan is the same. There is no “one size fits all” option.


One of the last things you probably want to think about with Mother’s Day coming up is what it would be like if your kids did not have a mother. So, we’ll keep this short. Guardianship papers are an essential part of any estate plan. These papers detail who will take care of your kids in the event that you (and your spouse, if you have one) pass away.

Picking a guardian for your kids in the event of a “worst case scenario” means selecting someone who will be there for the day to day. Yes, Disney trips and lavish vacations are fun, but select someone who can stick with your kids for the long haul. Only you know what’s best. Make sure to consult with your proposed guardian before you make the selection, just to ensure that he or she is on board with such a big responsibility.

A Trust

“Can’t I just put my kids in my will and call it a day?” Well, you can, but your will still must go through probate, and that can be a long, drawn-out process that tangles up your assets. A trust, which is a three-party fiduciary relationship, transfers ownership of your asset to your kids immediately.

But, don’t worry. They can’t get their hands on your asset until they are older. You pick the date they receive the trust’s benefits. The person who controls the trust’s distribution is a trustee. Discuss this with an estate planning attorney if it sounds like something you want to set up. A trust is a good way to avoid probate and get your kids what they need immediately.

Updating Regularly 

Don’t forget to update your estate plan regularly to encompass changes in the family, whether these include new kids, grandkids, divorces, or other life changes that might cause your will to look different. You don’t want to exclude anyone (or include someone who shouldn’t be), so a regularly-updated estate plan will benefit you and your kids far more than one that is out of date.

Life Insurance 

Life insurance is an excellent choice for someone who wants to provide for their kids. Life insurance is a contract between you (the policy holder) and an insurance company. You pay a premium to the company. In exchange, the insurance company promises a payout to the beneficiary (your kids) in the event of your death. Life insurance plans, like all insurance plans, vary in terms of expensiveness and coverage. 

Business Succession Plan

For moms out there who own their own businesses, this one is important. Make sure that there is a plan in place in the event that you die. Do you want your business to be passed on to your kids? Or, do you want your company liquidated or sold? Without a succession plan, your kids will be faced with hard, confusing decisions. A succession plan will make this much easier for them.

This Mother’s Day, give your kids the gift of a long-term plan for the future. Consult an estate planning attorney to talk about your options. Above all, be happy and stay safe!