Most of the clients that I speak to acknowledge the general importance of having a comprehensive estate plan in place; however, those same people may not realize how their specific circumstances increase the importance of estate planning. For example, for my clients who are single parents, I often need to stress how much more important it is to plan for the possibility of their own death or incapacity. When a single parent is the only parent providing for a child’s emotional, financial, and practical needs, estate planning takes on heightened importance.
Are You a Single Parent?
Some of my clients never envisioned being a single parent while others never intended to co-parent their child. While the presence or absence of another parent should be considered within your estate plan, the circumstances that led to your being a single parent are not important. What matters now is that you take steps to ensure that your child is protected and provided for if something happens to you. It is equally important that you share your hopes and dreams for your child as well as your parenting philosophies and your legacy with your child and with those who care for your child if you cannot do so one day. The good news is that all of that can be incorporated into a well-drafted and comprehensive estate plan.
Single Parent Estate Planning Steps
For your overall estate plan to work as intended, it should be carefully crafted and tailored to your unique needs and circumstances. Working with an experienced estate planning attorney is the key to creating your own successful estate plan; however, there are some steps that every single parent should consider taking when creating their estate plan, such as:
- Choosing a guardian. When you create your Last Will and Testament you will have the only official opportunity available to nominate someone to be your child’s guardian if one is ever needed. A Judge will ultimately need to appoint a guardian; however, considerable weight will be given to your wishes if you expressed them in your Will.
- Creating a trust. Your minor child cannot directly inherit assets from your estate which is why most parents decide to create a trust to hold the inheritance intended for their child. As a single parent, you should be extra careful when deciding who to appoint as the Trustee of your trust because that person will control the inheritance you leave for your child. The terms you create within the trust agreement can be used to dictate how you want the assets to be used while your child is a minor.
- Consider creating a durable Power of Attorney. A Power of Attorney allows you to appoint an agent who can act on your behalf in legal and financial matters. A durable power of attorney ensures that this authority persists despite your own incapacity.
- Executing advance directives. In situations where you are unable to make or communicate decisions about your healthcare treatment or procedures due to incapacitation, someone else will need to make those choices on your behalf. By executing a Healthcare Power of Attorney, one of two vital advance directives, you have the power to designate the person who will make these decisions for you.
- Writing a Letter of Instruction. This offers you the opportunity to express your hopes and dreams for your child and to tell his/her guardian(s) how you want your child to be raised. Though not a legally binding document, a Letter of Instruction is often the most powerful document in the estate plan of a single parent.
Can We Help You with Estate Planning for a Single Parent?
For more information, please contact our estate planning office in Owings Mills, Maryland by calling 410-654-3850 to schedule an appointment.
- What You Need to Know about the Medicaid Estate Recovery Program in Maryland - July 7, 2026
- How Divorce Affects Your Estate Plan in Maryland - January 9, 2026
- Should the Details of My Maryland Estate Plan Remain Private? - January 8, 2026
