You’ve just had a child, and everything is brand new.

Caring for another person – a little person – who needs constant attention is a dramatic shift in life. And you’re probably not getting as much sleep as you’d like.

This is a pivotal moment in your life. With a new baby, your responsibilities have fundamentally changed, and securing their future is now your highest priority.

With all of this new responsibility, you need to create a Will right now, prioritizing the needs of your baby.

The core reason for creating a Will is simple: you get to choose who raises your child and who manages their money. Without a Will, you leave both of those critical decisions to the state, and the outcome may not align with your wishes.

Here’s why now is the time to create a Will.

1. Naming a Legal Guardian (The Crucial Choice)

This is the single most important reason for creating a Will now. If both you and your spouse were to pass away without a Will, the state would step in to name a guardian for your newborn.

• You Choose: A Will is the only legal document where you can nominate the person (or couple) you trust most—who shares your values, lives where you want your child raised, and is financially and emotionally ready—to raise your child.
• The State Chooses: Without a Will, a judge who has never met your family will decide based on who applies and who the judge thinks is best. This could be a relative you actively distrust, or it could force siblings into a costly and emotionally devastating custody battle, with your child caught in the middle.

2. Managing the Inheritance (Protecting Their Future)

As a married couple, your assets (house, bank accounts, investments, etc.) would likely pass to your spouse first, and then to your child if both of you pass away simultaneously. While that sounds straightforward, if the money goes to a minor child, it creates a serious problem:

• Minor Child Cannot Own Property: A child cannot legally inherit or manage large sums of money. A court must appoint a Guardian of the Estate (or a Conservator) to manage the funds until the child turns 18.
• Court Control and Expense: The court-appointed Guardian must petition the court for approval on every major expenditure (school, healthcare, etc.). This process is slow, expensive, public, and burdensome.
• 18-Year-Old Windfall: At age 18, your child receives the entire remaining inheritance in a single, unrestricted lump sum. Most 18-year-olds are not equipped to handle a large inheritance responsibly, which can lead to rapid depletion or poor life choices.
• Your Solution: A Will allows you to create a Testamentary Trust within the document. You can name a trusted Trustee to manage the money privately and responsibly, and you can dictate the ages (e.g., 25, 30, or a steady income stream) at which your child receives the assets.

3. Avoiding Intestacy and Probate Delays

Dying without a Will is called dying intestate.

• Intestacy Laws Rule: State laws dictate exactly who gets what. While your assets may go mostly to your spouse and child, this process is slow, inflexible, and doesn’t account for specific personal items (heirlooms, specific investments) you might want to leave to specific individuals.
• Cost and Time: The court process of probate (validating the Will and distributing assets) is virtually guaranteed to take longer and be more expensive without a Will, leaving your surviving family members with unnecessary stress and legal fees during a time of grief.

Your Will is a legal insurance policy that ensures your parental authority and financial decisions continue even when you cannot enforce them yourself.

It is one of the kindest and most responsible things you can do for your new family. The cost of creating a Will is negligible compared to the emotional and financial cost of dying without one.