Planning for Children

Houston Estate Planning to Protect Minor Children

Serving Families and Individuals Throughout Houston, Texas

If you are a parent, your minor children are your most valuable treasure — and proper estate planning is the only way to protect them if something unexpected happens. While no parent wants to imagine a future where they are unable to care for their kids, creating a comprehensive estate plan ensures you remain in control of the decisions that matter most. Without a plan, the probate court will decide who raises your children, manages their inheritance, and makes critical financial decisions on their behalf.

At Kisch Law Firm, our experienced estate planning attorneys help Houston families establish the legal documents needed to protect their children’s well-being and secure their family’s future. We guide you through every step so you can appoint trusted guardians, safeguard assets, and create a plan that reflects your wishes.

Call 713-231-5336 today for a free initial consultation with a qualified estate planning attorney.

Why Parents of Minor Children Need a Comprehensive Estate Plan

Few decisions in life carry more weight than those involving your children. Proper estate planning allows you—not the state of Texas—to determine who will raise your kids, manage their inheritance, and handle medical care or financial affairs if you pass away or become unable to make decisions.

A comprehensive plan for parents typically includes:

  • A last will to appoint back-up parents (legal guardians)
  • A living trust to manage financial resources for your children until they reach adulthood
  • Durable powers of attorney for financial and health care decisions
  • Special needs planning, if applicable
  • Instructions for temporary guardianship in emergencies

Without these documents, the court process can be lengthy, stressful, and expensive—leaving your loved ones without guidance at a time they need it most.

Choosing Guardians for Your Children

Selecting a guardian is one of the most personal estate planning matters any parent will face. This person will act as backup parent if you and the other biological parent pass away or become unable to care for your children. If you fail to appoint guardians through proper estate planning, a probate judge will choose someone without your input, even if that person does not share your values or parenting style.

What to Consider When Choosing a Guardian

Every family situation is unique, but parents often consider:

  • Whether the guardian shares your beliefs, priorities, and approach to raising children
  • The existing relationship between the guardian and your kids
  • The guardian’s ability to provide a stable home and emotional support
  • Their willingness to serve — always request permission before naming them
  • Whether they can coordinate with a trustee who manages financial decisions

Proper planning ensures your chosen guardians—and not the state—provide stability and love if the unexpected happens.

Managing Your Child’s Inheritance: Selecting a Trustee

Guardians care for your children, but a trustee manages the financial resources you leave behind. Without a trust, minor children cannot directly inherit assets, and the probate process may place their inheritance under someone you would not have chosen.

A trust allows you to control:

  • When your child receives funds
  • How their inheritance is used
  • Who manages the assets
  • What protections apply to the estate

Parents often choose one of three approaches when selecting a trustee:

1. A Trusted Family Member

A family member often understands your children best and may manage the estate without charging a fee. However, they may struggle with complex financial matters or feel pressured when a child asks for money.

2. A Professional Trustee

Trust companies, CPAs, or attorneys to offer financial knowledge and neutrality. While they charge for their services, they provide structure and consistency.

3. A Combined Professional-and-Family Trustee Model

This hybrid option blends emotional insight with strong financial oversight and is often the most effective way to protect the estate and preserve family relationships.

Why Trusts Are Critical for Minor Children

Trusts give parents control over how their children’s inheritance is managed long after their death. A living trust or testamentary trust can:

  • Protect assets from misuse
  • Delay access until your children reach adulthood
  • Support your children through school, emergencies, or major life needs
  • Avoid unnecessary estate taxes
  • Keep financial affairs private and outside of probate court

Trusts are especially valuable for children with special needs, ensuring eligibility for benefits while providing long-term support.

Estate Planning Considerations for Special Needs Children

Special needs planning requires a unique approach. A traditional inheritance may disqualify a child from essential government resources. A properly structured special needs trust ensures:

  • Long-term support beyond a parent’s lifetime
  • Preservation of eligibility for state and federal programs
  • Appointment of a trustee who understands the child’s needs

An experienced estate planning attorney can help establish a plan that protects your child’s future without jeopardizing critical benefits.

What Happens If You Don’t Have an Estate Plan?

Without proper planning, the following may occur:

  • The probate court chooses guardians, not you
  • Child Protective Services may become temporarily involved during guardianship disputes
  • The biological parent may automatically assume full control, even in strained family situations
  • Your children may inherit everything at age 18, regardless of maturity
  • The estate may face avoidable estate taxes, delays, and unnecessary fees

Estate planning allows you—not the legal system—to decide what is best for your family.

How Kisch Law Firm Supports Houston Families

Our estate planning services are tailored to parents who want clarity, confidence, and peace of mind. We assist with:

  • Creating wills, trusts, and guardianship directives
  • Establishing durable powers of attorney
  • Preparing health care documents
  • Addressing special needs planning
  • Navigating the probate process when necessary
  • Updating outdated estate plans following divorce, remarriage, or changes in family structure

Our estate planning lawyers take time to understand your goals, your children’s needs, and your family’s dynamics. With this knowledge, we develop a customized strategy to protect your children’s well-being at every stage of life.

Contact a Houston Estate Planning Attorney Today

Your children deserve stability, protection, and a future shaped by your values—not the court’s decisions. Proper estate planning ensures that the people you trust will guide and protect them, even if you’re no longer able to do so.

Kisch Law Firm represents individuals, families, and businesses in Texas who require legal advice on bankruptcy or other types of debt relief. Please call 713-231-5336 or contact us online for a free initial consultation at our Houston office.