Estate Planning: An Important Next Step for “New Moms” as well as for “Experienced Moms” with Young Children

Jackie R. Luthringshausen • May 12, 2024
A woman is smiling while holding a baby in her arms.


Happy Mother’s Day to all the amazing moms in our lives who tirelessly and selfishly care for us, guide us, support us through hard times, and celebrate our successes. I recently saw this very appropriate definition of “mother” on social media:


Mother

[muh th –er] noun

One person who does the work of twenty, for free.

Person who always believes in you.

See also: Superwoman, saint


Special congratulations to all “new moms” who recently celebrated the birth of their first child and to “experienced moms” who recently expanded their family with the birth of a new child! Whether you are a “brand new mom” or an “experienced mom,” now is the time to think about preparing estate plan documents to protect your new or growing family.


At a minimum, parents with minor children (under age 18) should prepare wills with guardianship provisions included in them. If you do not have a will with guardianship provisions in place, the probate court will determine where your assets go and who will care for your minor child if something should happen to you. While no one likes to think about the possibility of that unfortunate circumstance, creating a will and designating guardians within that document will give you peace of mind that your child will be provided for and cared for exactly as you wish.


A revocable trust is another estate planning document that parents with young children should consider preparing. A revocable trust is a document that names a trustee to manage and administer assets held in the trust for the benefit of a beneficiary. The parent(s) of the child (or children) would be the initial trustee and beneficiary of the trust, but upon the death of the parent(s), a successor trustee would manage and administer the trust assets for the benefit of the child (or children), until each child reaches a greater age of maturity. That way, the child will not be able to squander inheritance on things that may be attractive to a younger child, such as video games, expensive sneakers, or even drugs and alcohol. Preparing a trust, and including appropriate distribution provisions for your children, will ensure that your younger children are financially provided for until they can make their own good financial decisions.


If you have recently celebrated the birth of a child and are interested in preparing new estate plan documents (or in updating existing estate plan documents to include your new child), please reach out to estate planning attorney Jackie Luthringshausen at jluthringshausen@lavellelaw.com or (847) 705-7555. You can schedule a complimentary one-hour estate planning consultation to discuss this important next step in parenthood.


More News & Resources

Lavelle Law News and Events

IRS Issues Guidance on Trump Accounts Established Under the Working Families Tax Cuts
By Timothy M. Hughes December 10, 2025
The Department of the Treasury and the Internal Revenue Service recently issued a notice announcing upcoming regulations and providing guidance regarding Trump Accounts, which are a new type of individual retirement account (IRA) for eligible children.
Consider this two-part test when finding the right attorney or law firm.
By Kerry M. Lavelle December 9, 2025
How do you choose the right attorney or law firm for your needs? Attorney Kerry Lavelle has refined his answer to this common question into a clear, two-part test - one that helps individuals and businesses identify legal representation that is both highly competent and truly client-focused.
IL Condominium Law: Updates, HOA Strategies, & Financing Insights - a presentation recording
November 24, 2025
Daday and Kish discussed the essentials of Illinois condominium and common interest community association law. The presentation highlighted recent legal updates impacting HOA operations and addressed key issues in collections and safeguarding the financial interests of the association.
Understanding Grandparent Visitation Rights in Illinois
By Elizabeth C. Thompson November 19, 2025
While Illinois law recognizes that grandparents can play a vital role in a child’s life, it also strongly defers to the rights of parents. A grandparent seeking visitation must overcome a high legal threshold and demonstrate that denial of contact would likely harm the child’s well-being.
Behind the Scenes of Our 2025 Food Drive Delivery Day!
By Lavelle Law Charities November 17, 2025
The 2025 Lavelle Law Charities Food Drive wrapped up excitingly on October 24, 2025! After weeks of heartfelt community giving, Lavelle Law team members personally delivered an enormous haul to the Schaumburg Township Food Pantry.
Impact of Partial Government Shutdown on IRS – Day 41
By Timothy M. Hughes November 10, 2025
Impact of Partial Government Shutdown on IRS – Day 41: Due to the current lapse in appropriations, IRS operations are limited. However, the underlying tax law remains in effect, and all taxpayers must continue to meet their tax obligations as normal.
$65 Million Sale of Business - Lavelle Law Success Story
By Business Law October 29, 2025
$65 Million Sale of Business – a Lavelle Law Success Story. We were able to effectively negotiate the terms of a complex sale in a manner that enabled both buyer and seller to achieve their objectives.
Free Event. Learn the nuts and bolts of Illinois condominium law.
By Stephen G. Daday and Robyn K. Kish October 27, 2025
Explore the nuts and bolts of condominium law and gain actionable strategies to navigate today’s condominium and HOA challenges in Illinois.
New law provides expanded protection for Illinois residents, increasing key debtor exemptions.
By Timothy M. Hughes October 15, 2025
The Illinois General Assembly enacted Public Act 1738, amending several provisions of the Illinois Code of Civil Procedure to raise debtor exemption limits effective 1.1.26. The new law provides expanded protection for residents, marking the most significant increase to the state’s exemption statutes in over a decade.
Be proactive and put your home in a trust to avoid the time, hassle, and expense of probate court.
By Heather A. McCollum October 13, 2025
A crucial estate planning tool that many people in Illinois overlook is putting their home in a trust. Placing your house in a revocable trust offers multiple benefits. It avoids probate, which can save your family time and money after your death.
More Posts