Naming a Guardian for Your Children: A Brooklyn Parent's First Priority
If you are a young parent in Brooklyn doing estate planning for the first time, this is the question that probably brought you here in the first place: who would raise our kids if we were gone? It is an uncomfortable thought, but answering it is the single most important thing you can do for your children’s future. This page is written specifically for parents tackling that decision.
Why You, Not a Judge, Should Decide
If both parents pass away without naming a guardian, a Brooklyn Surrogate’s Court judge decides who raises your children. The judge does their best, but they do not know your family, your values, or that your sister in Bensonhurst is far more prepared than the relative who lives closest. By naming a guardian in your will, you give the court your clear, considered choice to follow.
How Guardianship Is Named
In New York, you nominate a guardian for your minor children through your will, which must meet the formalities of EPTL §3-2.1, including signing at the end with two attesting witnesses and publication. This nomination is one of the strongest reasons every parent needs a properly executed will, even one with modest assets. Without that valid will, you have no formal say at all.
Choosing the Right People
Picking a guardian is rarely obvious, and many couples stall here. A few practical questions help:
- Who shares your values about raising children?
- Whose home and life have room for your kids without uprooting them needlessly?
- Is this person willing? Always ask first.
- Who is your backup if your first choice cannot serve?
It is also wise to separate roles: the best person to raise your children is not always the best person to manage money for them.
Funding Your Children’s Care
Naming a guardian answers “who,” but you also need to answer “with what money.” Most parents do not want assets handed to a child outright at 18. Instead, a trust for minors, created inside your will or as a living trust under EPTL Article 7, lets a trustee manage funds for housing, education, and daily needs, releasing money at ages you choose. Life insurance is often the practical engine that funds this trust.
Children With Special Needs
If you have a child with disabilities, leaving money directly can jeopardize means-tested benefits. A supplemental needs trust under EPTL 7-1.12 lets you provide for your child while preserving eligibility for important programs. This is a specialized area where guidance matters.
Revisit as Your Family Grows
The guardian you choose for a newborn may not be the right choice a decade later as relationships and circumstances change. Review your nomination after every major life event and update your will accordingly.
This is general educational information, not legal advice. Guardianship nominations and minors’ trusts must be set up correctly under New York law. Please consult a licensed New York attorney to put these protections in place.