You Need a Will. It's More Urgent Than You Think

Your Assessment Result

You Need a Will. And It's More Urgent Than You Think

You're a parent with minor children and you haven't legally named someone to raise them if something happened to you. The most important thing you can do right now is get a will in place.

Your Situation

Based on your answers, you have children under 18 and haven't yet named a legal guardian in a will. You may know who you'd want, but until it's in a legal document, the court decides.

You're not alone. According to a 2024 Caring.com survey, more than half of American adults don't have a will [1]. But as a parent of minor children, this is genuinely urgent.

Without a will, a court will appoint a guardian based on its own judgment, and that might not align with your wishes [2].

Disclaimer: This is educational information, not legal advice. Every situation is unique. Consult with a qualified estate planning attorney before making decisions.

Your Recommended Next Steps

Name a Guardian for Your Children

This is the single most important thing. Decide who would raise your kids and put it in writing in a legal will. This is the only way to make your wishes legally binding [3].

Get a Basic Will

A will covers who gets your assets, who raises your children, and who handles your affairs. You can work with an attorney or use an online legal service, but get it done [4].

Sign a Power of Attorney

This lets someone manage your finances and make decisions if you're alive but incapacitated. Critical for parents [5].

Create an Advance Directive

Document your wishes about medical care so your family doesn't have to guess during a crisis [6].

Review Your Beneficiary Designations

Life insurance, retirement accounts, and bank accounts pass by beneficiary designation, not by your will. Make sure yours are up to date [7].

What This Means

If something happened to both you and your spouse tomorrow, a judge would decide who raises your children. That judge doesn't know your family, your values, or your wishes. A will is how you make that decision instead of the court.

A basic will for parents typically covers three things: who gets your stuff, who raises your kids, and who manages the process (your executor). For most families with minor children, this is the foundation everything else builds on.

Once your will is in place, a power of attorney and advance directive round out the core package. These protect your family if you're alive but unable to make decisions, something many people don't think about until it's too late.

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Sources

[1] "2024 Wills and Estate Planning Study" — Caring.com · caring.com/caregivers/estate-planning/wills-survey

[2] "Intestate Succession" — Cornell Law Institute (LII) · law.cornell.edu/wex/intestate_succession

[3] "Introduction to Wills" — American Bar Association · americanbar.org/groups/real_property_trust_estate/resources/estate-planning/intro-wills/

[4] "Will" — Cornell Law Institute (LII) · law.cornell.edu/wex/will

[5] "Power of Attorney" — Cornell Law Institute (LII) · law.cornell.edu/wex/power_of_attorney

[6] "Advance Care Planning: Advance Directives for Health Care" — National Institute on Aging (NIH) · nia.nih.gov/health/advance-care-planning/advance-care-planning-advance-directives-health-care

[7] "Planning Ahead — Have You Chosen Your Beneficiaries?" — FINRA · finra.org/investors/insights/choosing-beneficiaries

Last reviewed: February 2026

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