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As families dive into the back-to-school rush—checking off supply lists, adjusting to new routines, and juggling extracurriculars—one critical “basic” often gets overlooked: having a solid estate plan in place.

At Herbert Law Office, we believe that protecting your family’s future is just as essential as preparing your child for the school year. Whether you’re dropping off a kindergartner or sending your teenager to high school, here’s why now is the perfect time for every parent to put an estate plan at the top of their to-do list.

1. Guardianship: Who Will Care for Your Children if You Can’t?

No one likes to think about it—but every parent should. If something were to happen to you and your child’s other parent, who would raise your children?

In California, without a legally designated guardian, the decision falls to a judge. Your child could end up in the care of someone you wouldn’t have chosen—or worse, caught in a lengthy custody battle.

A will or standalone nomination of guardian allows you to name both a temporary and a permanent guardian—someone you trust to step in right away and someone who can care for your child long-term. You can also sign a Caregiver’s Authorization Affidavit for short-term or emergency situations, which schools and doctors often require.

2. Avoid Probate and Protect Assets for Your Kids

If you pass away without an estate plan in California, your assets will go through probate—a public, time-consuming, and costly court process. This can delay access to money your children may need for school, housing, or daily care.

With a living trust, your assets can be managed and distributed according to your wishes—without court involvement. You can also control how and when your children receive their inheritance (not automatically at age 18, as required under California Probate law).

🏫 Want to make sure your child has money for college or trade school? Your trust can include education-specific provisions and appoint someone you trust to manage those funds.

3. Medical Decisions and Emergencies

If you’re ever in a serious accident or hospitalized, who will speak for you?

An Advanced Health Care Directive ensures someone you trust can make medical decisions for you if you can’t. A HIPAA release ensures that person can get the information they need from doctors and hospitals.

This is especially important during the school year, when families are on the go—and minor emergencies can happen at any time.

4. Planning for Young Adults

If you have a child 18 or older heading to college, it’s time to get them started on the basics of estate planning. Without a signed HIPAA authorization or health care directive, you may not be able to access your own child’s medical info in an emergency. A Financial Power of Attorney, signed by your adult child, allows you to handle their finances as needed in the future.

🎓 Pro Tip: Before he/she leaves for college, have your young adult child sign an Advanced Health Care Directive and Financial Power of Attorney.

5. Peace of Mind All Year Long

Back-to-school season reminds us how quickly time passes. Having an estate plan in place offers peace of mind—not just for emergencies, but for everyday life. You’ll know that if something unexpected happens, your children will be protected and your wishes will be honored.

 

Ready to Get Started?

At Herbert Law Office, we help California families of all shapes and sizes create personalized estate plans that grow with them—from preschool to post-grad.

This back-to-school season, take care of the people who matter most. Call us at (661) 273-9007 to schedule your free consultation to get started.