Becoming a mom changes everything—including how you plan for the future. While sleepless nights, feeding schedules, and baby milestones take center stage, creating an estate plan may be one of the most important steps you can take to protect your child.

Without one, Tennessee law may place decisions about your child and your assets into the hands of the court. That can leave your family facing legal uncertainty, financial hardship, or outcomes you never intended.

Why Estate Planning Matters for New Moms

Many new moms assume they can wait until later in life to start estate planning. But life can change quickly. Taking time now to put key legal documents in place ensures your child’s future remains protected—no matter what happens.

When you create an estate plan, you:

• Choose a trusted guardian to raise your child if you can’t
• Provide clear instructions for how and when your child receives financial support
• Give loved ones the authority to carry out your wishes for medical care and asset management
• Avoid court delays, confusion, and family conflict during an already difficult time

In Tennessee, if you pass away without a valid will or trust, your estate goes through probate under state intestacy laws. The court decides who receives your assets—and who cares for your child—without any legal obligation to follow your wishes unless they’re documented properly.

Essential Documents for New Moms in Tennessee

Will or Revocable Living Trust

A Last Will and Testament allows you to name a personal representative (executor), choose a guardian for your minor child, and outline how you want your property distributed. Tennessee law requires wills to be in writing, signed by the person making the will, and witnessed by two disinterested individuals.

A Revocable Living Trust allows you to avoid probate and maintain control over how and when your child receives their inheritance. A trust also offers more privacy and flexibility than a will.

Guardianship Nomination

Naming a guardian in your will gives the court clear direction about who should raise your child. While the court has final authority, judges strongly consider a parent’s legal nomination when making guardianship decisions.

Without a nomination, relatives may disagree over custody, and the court must make a decision based on the information presented—without knowing your personal preferences.

Financial Power of Attorney

This document allows someone you trust to manage your finances if you become incapacitated. Your agent can pay bills, manage your bank accounts, and protect your assets—without the need for court intervention. Tennessee law permits this power to begin immediately or only upon incapacity, depending on how the document is drafted.

Healthcare Directive and HIPAA Release

A Tennessee Advance Directive for Health Care combines your living will and your medical power of attorney into one form. It allows you to name a health care agent to speak for you and ensures medical providers follow your preferences.

A HIPAA release allows your agent or a trusted family member to access your medical records and communicate with health care professionals.

Life Insurance and Beneficiary Designations

Life insurance can provide critical financial support for your child if something happens to you. Be sure to review and update your beneficiary designations on life insurance policies, retirement accounts, and bank accounts to ensure they align with your overall estate plan. These designations typically override your will or trust.

When Should You Start?

Now. Whether you’re expecting your first child or already adjusting to life as a parent, this is the right time to put a plan in place. The earlier you create a plan, the sooner you protect your child—and your peace of mind.

Estate planning isn’t just for wealthy families. It’s for every parent who wants to make sure their child is cared for, financially secure, and raised by someone they trust.

Secure Your Child’s Future Today

Estate planning gives you the ability to make thoughtful, legally binding decisions that protect your child’s future. It removes uncertainty, prevents conflict, and ensures your family doesn’t have to navigate difficult decisions without a plan.

Contact our office today to create a personalized estate plan that gives you confidence—and gives your child lasting security.