Can my husband and I make provisions in our will now for our unborn child?

Full question:

My husband and I are expecting our first child in early March. We are working on our will now. Can we go ahead and include her in it with guardian information, trust information, etc.? Or, should we wait to set up the will after she's born?

Answer:

It is possible for parents to provide for an unborn child in a will. Whether it is preferable to wait until the child is born is a matter of personal judgment, based on all the facts and circumstances involved. For example, there may be situations involving increased risk to the parents which may arise before the child's birth. The health conditions of all family members involved may be considered. It is preferable to identify children by individual names in a will. Therefore, whether the child's name has been selected is another factor that may be considered. Overall, the determination should be made according to personal preferences, risk factors, and all the circumstances in your case.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In most cases, a person under guardianship may not have the legal capacity to create a will. The guardian typically has the authority to make decisions on behalf of the individual, including matters related to their estate. However, laws can vary by state, so it's essential to consult with a legal professional in your state to understand the specific rules that apply.