Estate Planning for People Without Children

by Kristen Ishihara and Chris Parker with Ishihara & Parker Law Firm PLLC

What if you don’t have children? Does estate planning still matter?

In this video, attorneys Chris Parker and Kristen Ishihara explore a common but often overlooked scenario—estate planning for individuals or couples without kids. While the legal tools are the same, the strategy behind choosing people to help in times of need is quite different.

Why People Without Children Delay Estate Planning

Kristen explains that many clients without children put off planning indefinitely because:

• They’re unsure who to name as beneficiaries
• They don’t know who should make decisions for them if incapacitated
• There's no “obvious” choice like a child or grandchild

But ironically, the absence of children actually makes it even more important to plan. Without a clear default choice, it’s up to you to be intentional about who will step in when needed.

The Core Documents You Still Need

Whether you have children or not, you still need these essential tools:

• Medical Power of Attorney
• Financial Power of Attorney

These are critical because they operate while you’re still alive, ensuring someone you trust can pay your bills, make medical decisions, and help you manage care if you become incapacitated.

“Once you reach age 65, there’s a 70% chance you’ll need care,” says Kristen.

Who Can You List as Decision-Makers?

Without kids, you’ll need to think outside the box:

• Siblings and their adult children
• Longtime neighbors
• Church or Sunday school friends
• Life-long friends
• Trusted people in your social or volunteer circles

What matters most is that they are responsible, available, and willing to serve in that role. You don’t have to tell them everything about your finances—but you should ask them if they’re willing to serve, and make sure they know where the documents are.

Layering Your Choices

It’s a good idea to have backups in place. For example:

• First list a sibling
• Then list a niece or nephew
• Then maybe a trusted friend or neighbor

Having layers of people available means that if one person is unavailable, another can step in.

Also remember: you can always change these people later if life changes—friendships evolve, people move, or relationships fade. Flexibility is built into good planning.

Special Considerations for Powers of Attorney

For those without children, Chris and Kristen often recommend:

• Making financial powers of attorney “springing”, meaning they only activate if you become incapacitated
• Avoiding joint accounts—especially with non-family
• Simply letting agents know where the documents are instead of giving them full copies or authority upfront

This offers peace of mind without handing over full control unless truly necessary.

Plan for the “What If I Die?” Question

Eventually, the estate plan needs to answer: “What happens to my stuff after I die?”

Kristen explains:

• Start with a plan—even if it changes later
• If no will is in place, Texas law decides: parents → siblings → nieces and nephews
• Many clients are fine with some of that—but not all of it

“Often people say, ‘I’m okay with these three nieces and nephews inheriting—but not those two.’ That’s your choice—but only if you put it in writing.”

Your Options for Distributing Your Estate

You can leave assets to:

• Specific individuals (relatives or friends)
• Charities and churches
• A mix of both

For example, you might leave:

• 25% to a niece
• 25% to your church
• 25% to a favorite nonprofit
• 25% to a close friend

You can list beneficiaries on accounts or name them in your will. Either way, be intentional.

Should You Consider a Trust?

Possibly. Trusts are especially helpful if:

• You have no one you’d trust to manage finances while you’re alive
• You have significant investments or assets that need oversight
• You want a corporate trustee (like a bank or financial institution) to step in when needed

Corporate trustees won’t serve as a power of attorney agent, but they will serve as a successor trustee under a trust.

Trusts offer continuity. You manage your finances while healthy, and the trust names someone else to step in if you can’t continue.

Bonus: Use a Donor-Advised Fund or Community Foundation

If you’re leaving a larger amount to charity and worry about overwhelming a small nonprofit, you can:

• Use a donor-advised fund
• Use a community foundation to distribute gifts over time

This preserves your legacy and ensures funds are used wisely over the long term.

Final Thoughts

If you don’t have children, your estate plan doesn’t need to be complicated—but it does need to be deliberate.

To summarize:

• You still need medical and financial powers of attorney
• You still need a valid will (or trust)
• You must choose trusted people and let them know their role
• You can update it all later, but you must start somewhere

“Texas law will decide for you if you don’t make a plan—and it usually won’t do it quickly or cheaply.”

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