Why Every New Parent in Indiana Needs a Will: Secure Your Child’s Future
New baby, new joy—new responsibilities. You’ve stocked the diapers, picked a pediatrician, and figured out the car seat. But have you planned for the unthinkable?
If you don’t have a will, Indiana law doesn’t give you the final say about who raises your child or manages their finances if something happens to you. And as an estate planning attorney, I’ve seen the mess this causes for families—fights over guardianship, courts locking up money, and kids caught in the middle.
Here’s what you need to know to protect your child’s future and your peace of mind.
Who Will Raise Your Child? Don’t Leave It to the Court
If you pass away without a will, Indiana courts decide who gets guardianship of your children. They’ll look at relatives and make the best decision they can—but it might not be who you would’ve picked.
When you create a will, you name a guardian. You get to choose someone who shares your values, who your child knows, and who’s actually willing to take on the responsibility. Indiana courts give a lot of weight to your choice if it’s spelled out in a legally valid will.
Without a will? Your child could bounce between relatives. Or worse—be placed in foster care during a family fight.
A Will Is Only the Start—Protecting Their Money Matters Too
If your child inherits directly, the court controls that money until they turn 18. That means red tape, guardianship accounts, and no flexibility. It also means they get everything in one lump sum the day they become a legal adult.
Setting up a trust changes that. You decide when and how your child receives their inheritance—maybe for school at 18, a first home at 25, or split over time. A trust protects the money, keeps it out of probate, and avoids unnecessary taxes.
And you can name a trustee—someone you trust to manage funds until your child is old enough to handle it.
Life Insurance + Trust = Long-Term Security
You probably already have life insurance (or know you should). But if you name your child directly as the beneficiary, that money still ends up in the court’s hands.
The better option? Name the trust you set up in your will as the beneficiary. That way, the funds are available immediately and controlled according to your plan—not the court’s.
Indiana’s Default Rules Aren’t Designed for Your Family
Die without a will and Indiana’s intestacy laws take over. The state splits your assets based on a formula—often half to your spouse, half to your kids. It doesn’t consider whether your spouse needs more right now to raise your children. It doesn’t consider blended families or special needs.
And if you’re unmarried? Things get even messier. The court decides who gets custody, who manages money, and how your assets are divided.
A simple will keeps that from happening.
Your Will Also Makes Probate Smoother
Indiana’s probate process can take months—longer if there’s no will. A will speeds things up by naming:
An executor to manage the estate (instead of the court picking someone).
Clear instructions for who gets what.
Guardianship and trust provisions to keep kids out of court-monitored accounts.
Proper planning might help your family skip probate altogether. But only if you’ve done the paperwork right.
What to Include in Your Will as a New Parent
Guardian for your children
Trustee for any minor’s trust
List of assets and who gets them
Instructions for digital assets, special items, or personal wishes
Life insurance coordination
And keep it updated—especially after big life events like a new baby, divorce, or buying a house.
Let’s Lock in Your Plan—Before Life Gets Busier
You don’t need a complex estate plan to protect your kids. But you do need the basics done right.
A will gives you control over who raises your children, how their money is managed, and how your family is protected. It takes a few hours now—and gives your family security for years.
📞 Ready to get started? Call Vining Legal at (317) 759-3225 or schedule a consultation. Let’s get your plan in place, so you can focus on what matters most—being a parent.
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