As more couples choose to build lives together without getting married, estate planning becomes an essential tool for protecting their rights and wishes. Unlike married spouses, unmarried partners don’t automatically inherit from each other or gain authority in legal or medical decisions without specific documents in place. This can leave even the most committed partners vulnerable in times of crisis.

Estate planning for unmarried couples requires proactive steps and thoughtful documentation to ensure your partner is protected—both legally and financially. Whether you’re sharing a home, finances, or a life together, creating a personalized plan helps provide clarity, continuity, and peace of mind.

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Legal Challenges Faced by Unmarried Partners

Without the legal benefits of marriage, unmarried couples face several unique hurdles:

• No automatic inheritance rights – If one partner passes away without a will or trust, the surviving partner generally has no legal claim to the estate.
  
  
• Limited authority in emergencies – Without legal documentation, partners may be denied access to make healthcare or financial decisions on each other’s behalf.
  
  
• Family disputes – In the absence of an estate plan, family members may contest your partner’s rights to assets or even shared property.
  
  
• Tax implications – Unmarried partners may face higher tax burdens or miss out on spousal tax exemptions.
  
  

Planning ahead with the right legal tools can help you overcome these challenges and ensure your wishes are honored.

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Using Wills and Trusts to Protect Each Other

One of the most effective ways to secure your partner’s future is through clearly drafted wills and trusts. These documents spell out your intentions and create legal authority that overrides default state laws.

Wills
A will allows you to:

• Name your partner as a beneficiary of your estate
  
  
• Designate an executor you trust to handle your affairs
  
  
• Appoint a guardian if you share children
  
  

Trusts
A trust can offer added protection and privacy. Benefits include:

• Avoiding probate and the associated delays
  
  
• Providing long-term management of assets for your partner
  
  
• Reducing estate tax exposure in some cases
  
  

By including your partner in these essential documents, you provide both legal authority and emotional reassurance.

Health Care and Financial Decision-Making Authority

In emergency situations, having clear legal authority to make decisions on your partner’s behalf is critical. Unfortunately, unmarried couples do not automatically have this right without documented permission.

Key documents to include in your estate plan:

• Health Care Proxy – Appoints your partner to make medical decisions if you’re incapacitated.
  
  
• Living Will – Details your preferences for end-of-life care, giving your partner guidance and peace of mind.
  
  
• Durable Power of Attorney – Allows your partner to manage your finances, pay bills, and handle transactions if you become unable to do so.
  
  

Putting these documents in place ensures your partner can act on your behalf when it matters most, without unnecessary delays or legal barriers.

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Beneficiary Designations Outside of Marriage

Many assets pass directly to a named beneficiary and are not governed by a will or trust. For unmarried couples, making intentional beneficiary choices is vital.

Common assets with beneficiary designations include:

• Retirement accounts (401(k), IRA)
  
  
• Life insurance policies
  
  
• Bank accounts with payable-on-death (POD) designations
  
  
• Investment accounts with transfer-on-death (TOD) designations
  
  

Make sure these designations are up to date and accurately reflect your wishes. In the absence of marriage, failing to name your partner can result in those assets being distributed to next of kin instead.

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Planning for Shared Assets and Property

If you and your partner own property together or have shared financial responsibilities, it’s essential to plan for how those assets will be handled.

Consider the following strategies:

• Joint ownership with rights of survivorship – Ensures that property automatically passes to your partner upon death.
  
  
• Cohabitation agreements – Document financial arrangements, ownership percentages, and what happens if the relationship ends or one partner passes away.
  
  
• Trusts – Provide additional control over how property is distributed, especially if children or other beneficiaries are involved.
  
  

By clearly outlining how shared assets are to be managed, you reduce the risk of future disputes and help protect the life you’ve built together.

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Build a Plan That Reflects Your Commitment

Estate planning for unmarried couples is not just about paperwork—it’s about protecting your shared life and honoring the commitments you’ve made to each other. Taking proactive steps ensures that your partner is recognized and empowered, even when the law doesn’t automatically offer that protection.

At Donohue, O’Connell & Riley, we help couples of all kinds create thoughtful, customized estate plans that reflect their values and relationships. If you’re ready to safeguard your future together, we’re here to guide you every step of the way. <br>
<a href="/contact-us/">Contact us</a> to schedule a consultation and get started.

As we age, the cost of long-term care becomes an increasing concern. Whether it’s assisted living, in-home care, or nursing home expenses, these costs can quickly deplete savings if not planned for in advance. Many individuals assume Medicare will cover their long-term care needs, but unfortunately, that’s not the case for most services. Without proper planning, families may find themselves facing difficult financial decisions. The good news is that there are strategies to help protect assets while ensuring access to quality care.

The Rising Costs of Assisted Living and Nursing Home Care

Long-term care costs have risen significantly over the past few decades, and they are expected to continue increasing. Consider these average annual costs:

• Assisted living facility: $50,000–$60,000
  
  
• Nursing home (semi-private room): $90,000–$100,000
  
  
• Nursing home (private room): $110,000+
  
  
• In-home care services: $25–$30 per hour
  
  

For many families, these expenses can be overwhelming, especially if care is needed for several years. Without a plan in place, assets like retirement savings, real estate, or other investments may need to be liquidated to cover the costs. This is why incorporating long-term care strategies into estate planning is essential.

Medicaid Planning and Asset Protection Strategies

Medicaid is one of the few government programs that covers long-term care costs, but qualifying for benefits requires careful planning. Because Medicaid has strict asset and income limits, many individuals mistakenly assume they must spend down all their savings before becoming eligible. However, there are legal strategies that allow individuals to protect their assets while still qualifying for Medicaid, including:

• Medicaid Asset Protection Trusts (MAPTs): These irrevocable trusts allow individuals to transfer assets while retaining some level of benefit, but they must be established at least five years before applying for Medicaid.
  
  
• Spousal Protections: The community spouse (the one not requiring care) can keep a portion of assets and income while the other spouse applies for Medicaid.
  
  
• Gifting Strategies: With proper planning, some assets can be transferred to children or other loved ones without jeopardizing Medicaid eligibility.
  
  
• Exempt Assets: Some assets, such as a primary residence (in certain cases), may be exempt from Medicaid calculations.

Proper Medicaid planning should be done well in advance to ensure eligibility without compromising financial security.

How Long-Term Care Insurance Fits into an Estate Plan

Long-term care insurance (LTCI) can play a vital role in preserving your estate while covering the costs of care. Unlike Medicaid, which requires meeting strict asset and income limits, LTCI allows individuals to maintain financial independence while still receiving quality care. Policies vary widely, but key benefits of long-term care insurance include:

• Coverage for Various Types of Care – LTCI can cover nursing home care, assisted living, in-home care, and adult day care services.
  
  
• Protecting Assets for Heirs – By offsetting care costs, LTCI helps preserve savings and assets that can be passed down to family members.
  
  
• Customizable Coverage – Some policies allow policyholders to select daily benefit amounts, coverage periods, and inflation protection.

Since premiums are typically lower when policies are purchased earlier in life, it’s wise to consider LTCI as part of a broader estate and retirement plan before health issues arise.

Using Trusts to Preserve Assets While Qualifying for Benefits

Trusts can be an essential tool for safeguarding assets while ensuring access to long-term care benefits. Depending on individual financial and family situations, different types of trusts can provide protection:

• Medicaid Asset Protection Trusts (MAPTs) – By transferring assets into an irrevocable trust at least five years before applying for Medicaid, individuals can meet Medicaid eligibility requirements without losing everything to care expenses.
  
  
• Revocable Living Trusts – These trusts allow assets to bypass probate and can include provisions for long-term care funding while providing more flexibility than irrevocable trusts.
  
  
• Special Needs Trusts – If a loved one receiving long-term care has a disability, a special needs trust can preserve their eligibility for government assistance while supplementing their care.

Trusts must be structured carefully to ensure compliance with Medicaid rules while achieving asset protection goals. Working with an estate planning attorney can help determine the right trust strategy for your situation.

Family Caregiving Considerations and Financial Planning

Many families prefer to keep care within the family rather than relying on outside facilities. While this can be a cost-saving approach, it comes with its own financial and legal challenges. Planning ahead for family caregiving can help avoid unnecessary stress and ensure that care responsibilities are fairly distributed. Important considerations include:

• Compensating a Family Caregiver – Establishing a formal caregiver agreement can provide financial support for a family member who takes on the role of caregiver.
  
  
• Coordinating Family Contributions – Some families choose to pool financial resources to cover care expenses, which should be structured carefully in legal agreements.
  
  
• Utilizing Government Programs – Some states offer Medicaid-funded programs that pay family caregivers for providing care at home.

Without a clear plan, caregiving can create financial strain and emotional stress among family members. Addressing these concerns in an estate plan ensures that care needs are met without unnecessary conflict.

Securing Your Future with a Thoughtful Long-Term Care Plan

The costs of long-term care can be staggering, but with proper planning, you can protect your estate while ensuring access to the care you or your loved ones may need. Whether through Medicaid planning, long-term care insurance, trusts, or family caregiving strategies, there are multiple ways to preserve assets while securing quality care.

At Donohue, O’Connell & Riley, we help individuals and families develop personalized estate plans that account for long-term care needs while maximizing asset protection. Our experienced team is here to guide you through the complexities of long-term care planning, ensuring that your financial legacy remains intact. Contact us today to discuss your options and create a plan that provides security for you and your loved ones.

Over the years, we have had the privilege to develop tax-efficient plans for clients from all walks of life. With this year’s tax season still fresh in the rear-view mirror, clients often ask us after the fact of how they can do better next year to optimize their personal and professional income tax picture. Like many other things in life, preparing and implementing these structures in advance is key to taking full advantage of the opportunities that are available. Many of these ideas can be implemented by almost anyone who is looking to trim their tax bill. Read on for some tax tips that are accessible, but can have game-changing impact that will put a spring in your step.

 

1. Asset Location

Don’t just think about asset allocation, think about asset location. Many investment advisors invest their client’s assets with the same allocation across all account types, without taking the tax characteristics of those accounts into consideration. Take, for example, the client whose assets are divided into a typical balanced portfolio, allocated 60% to equities, and 40% to fixed income. If a client employs the same strategy across both tax-deferred and taxable accounts, the tax-deferred account will miss out on a step-up in basis at the death of the taxpayer, while converting capital gains into ordinary income. Conversely, a client who owns fixed income securities in a taxable account will not benefit from a step-up in basis or perhaps a small one at best. Thus, when clients reach retirement age, we counsel them to hold their fixed income investments in their retirement accounts and keep their equity allocation in taxable accounts. With a potential basis step-up and a 0% capital gains tax rate for up to $94,050 for couples without significant other income, this could result in a substantial tax savings, for them and their families.

 

2. ROTH IRAs

Harnessing the power of tax-free compounded growth is perhaps one of the seven wonders of the financial world. The best gift you can give your child or grandchild is not a 529 college savings account but help funding a Roth IRA early in their career. A parent or grandparent who helps a child or grandchild contribute to a Roth IRA for four years from age 18–22, can expect him or her to have a retirement account worth over $3 million at age 72 without any further contributions. The only catch: the grandchildren must have earned income. Unlike a 529 plan, retirement savings are not considered an available asset to the student for financial aid purposes. The downside to Roth retirement accounts is that contribution levels are often limited. It is therefore important to start early, for example when young people are still in the process of training and earning degrees, and are in a relatively low income tax bracket. 529 accounts still have their place for those who do not expect to receive financial aid. Also, up to $35,000 of unused funds in a 529 plan can be converted to a Roth IRA under certain conditions.

If you want other creative ideas on paying for higher education, check out our booklet, “Solving the Higher Education Puzzle”.

 

3. health savings accounts

Health Savings Accounts can be leveraged into additional retirement savings. Nowadays, even people who have good quality health insurance can be eligible for contributions to a Health Savings Account. For a family, the 2025 deduction is $8,300. After age 55, a taxpayer can contribute an additional $1,000 dollars per year. Individual contributions are set at half that amount. These funds can be used tax-free at any time for qualified healthcare expenditures, making those expenditures deductible even if a taxpayer does not itemize. After age 65 they can be withdrawn much like a traditional IRA. A couple who contributes the maximum amount and invests the underlying funds in a broad-based index fund starting at age 50 would have over $1 million of HSA dollars at age 75. This could also be used as an alternative form of long-term care insurance and can fund nursing home care tax-free.

 

4. domicile

How your income is taxed in retirement can greatly affect your quality of life, so choose your retirement tax domicile wisely. Retirees should consider their own lifestyle choices and how this can impact retirement savings. For example, those who expect to buy big ticket items, such as cars and boats should look to jurisdictions with low or no sales tax. Conversely, those who have substantial amounts stored in a pre-tax retirement account should instead look to states that have low levels of income tax. Finally, for those of modest means, finding a state with low property taxes, where essentials such as food and clothing are not taxed in retirement, may prove the best
route possible. 

 

5. business ownership

If you don’t own your own business, consider starting one. While this may not be possible for everyone, the tax advantages to business owners are undeniable. By providing the ability to deduct expenses prior to the imposition of taxation, business owners have the ability to reduce their taxes through a number of means, including renting property they own to their business, writing off vehicles that are used in connection with the production of income, employing their children, and more. They can also setup retirement and profit-sharing accounts for themselves, their spouses and children.

 

6. charitable giving

Lifetime charitable giving gives the donor both an income and estate tax deduction at once, and along with the financial benefit, the donor receives the joy of seeing his or her charitable contribution go to work. If you have more money in your retirement account than you need, you can make a direct gift of up to $100,000 a year to a qualified charity without declaring the income from the retirement plan or needing to itemize deductions. For those in the top federal income tax bracket of about 40%, and with the estate tax bracket at 40%, this means that 80% of your charitable giving (or maybe more if you live in a state that assesses income and/or estate taxes) will be offset by tax savings. It’s a great way to redirect funds that would otherwise be mostly consumed by taxes to a worthy cause.

 

As our parents age, their financial and legal needs become increasingly complex. Ensuring that they have a solid estate plan in place is one of the most meaningful ways we can protect their well-being and provide them with peace of mind. Estate planning for aging parents goes beyond just drafting a will—it involves careful discussions, the right legal documents, and thoughtful preparation to safeguard their assets, healthcare decisions, and legacy. By addressing these matters early, we can help prevent financial and legal complications while ensuring that their wishes are honored.

The Importance of Discussing Estate Planning with Aging Parents

Starting the conversation about estate planning with our parents can feel overwhelming, but it is a necessary step in securing their future. Many seniors may be hesitant to discuss their finances or legal matters, often because they feel they have everything under control or find the topic uncomfortable. However, avoiding these discussions can lead to unintended consequences, such as court involvement in medical decisions or disputes among family members over assets.

Here are a few ways to approach the conversation:

• Choose the right time and setting – Find a quiet, comfortable space where everyone can speak openly and without distractions.
• Frame it as a way to protect them – Emphasize that estate planning ensures their wishes are carried out, rather than focusing on legal complexities.
• Ask about their priorities – What are their concerns regarding medical care, asset distribution, or long-term care? Understanding their priorities helps guide the planning process.
• Involve professionals when necessary – Sometimes, bringing in an estate planning attorney can help answer difficult questions and provide clarity.

Having these discussions early allows parents to make informed decisions while they are still capable of expressing their wishes, reducing stress and uncertainty for the entire family.

Essential Legal Documents to Have in Place

Proper estate planning involves several key documents that help protect aging parents’ interests, both during their lifetime and after they pass. These documents ensure that their financial and medical decisions are handled according to their preferences and that their assets are distributed as they intend.

Some of the most important legal documents include:

• Last Will and Testament – Outlines how assets will be distributed and who will oversee their estate.
• Durable Power of Attorney – Appoints someone to handle financial matters if they become incapacitated.
• Advance Healthcare Directive (Living Will) – Specifies medical treatment preferences in case they cannot communicate their wishes.
• Healthcare Proxy – Designates a trusted individual to make medical decisions on their behalf.
• Revocable Living Trust – Helps manage assets during their lifetime and ensures a smoother transition of assets without the delays of probate.

Having these documents in place helps avoid legal disputes, prevents court intervention, and ensures that aging parents receive the care and financial security they deserve.

Long-Term Care Planning and Medicaid Considerations

One of the biggest concerns for aging parents is the rising cost of long-term care. Assisted living facilities, in-home care, and nursing homes can be expensive, and without proper planning, these costs can quickly deplete assets. This is where long-term care planning and Medicaid strategies become essential components of estate planning.

To help aging parents prepare for potential long-term care needs, consider these key steps:

• Explore long-term care insurance – Policies can help cover the cost of care and prevent the need to rely entirely on personal savings.
• Understand Medicaid eligibility – Medicaid can help cover long-term care costs, but eligibility is based on income and assets. Proper planning, including Medicaid Asset Protection Trusts (MAPTs), can help parents qualify while preserving their financial legacy.
• Plan early – Medicaid has a five-year lookback period, meaning any asset transfers must be done well in advance to avoid penalties.
• Consider a life estate – This allows parents to retain the right to live in their home while ensuring it passes to heirs without Medicaid claims against it.

Long-term care planning provides security for aging parents while preserving assets for their loved ones.

Avoiding Financial Exploitation and Elder Fraud

As parents age, they become more vulnerable to financial exploitation, scams, and fraud. Protecting them from these risks is a critical part of estate planning. Elder fraud can take many forms, including identity theft, fraudulent investment schemes, and manipulation by individuals who gain their trust.

To help safeguard aging parents from financial exploitation:

• Ensure they have a trusted financial power of attorney – This prevents unauthorized individuals from accessing their finances.
• Monitor their accounts – Regularly reviewing bank and credit card statements can help catch suspicious activity.
• Educate them about scams – Common scams target seniors through phone calls, emails, or fake charity requests.
• Encourage direct deposit – This reduces the risk of lost or stolen checks.
• Establish a revocable trust – A trust allows a responsible trustee to manage finances while preventing financial predators from taking advantage of vulnerable seniors.

By taking proactive measures, we can help aging parents maintain financial security and avoid the devastating effects of elder fraud.

Ensuring a Smooth Transition of Assets and Responsibilities

Estate planning isn’t just about protecting assets—it’s also about ensuring a smooth transition when the time comes. Without a clear plan, families may face probate delays, unexpected taxes, and disputes over inheritances. Thoughtful planning makes it easier for loved ones to carry out an aging parent’s wishes.

To facilitate a smooth transition:

• Review and update beneficiary designations – Ensure that life insurance policies, retirement accounts, and financial accounts have the correct beneficiaries listed.
• Create a comprehensive asset inventory – A list of assets, including bank accounts, real estate, and personal property, helps avoid confusion later.
• Utilize trusts – Revocable and irrevocable trusts help streamline the transfer of assets while minimizing estate taxes and avoiding probate.
• Communicate the plan – When children and beneficiaries understand the estate plan, it reduces the risk of conflicts and misunderstandings.

A well-prepared plan provides peace of mind for aging parents and clarity for their heirs, making the transition as seamless as possible.

Take Action Now to Protect Your Loved Ones

Helping aging parents with estate planning is one of the most important steps we can take to protect their well-being and financial security. By having the right legal documents in place, planning for long-term care, preventing financial exploitation, and ensuring a smooth transition of assets, we can safeguard their future and provide them with peace of mind.

At Donohue, O’Connell & Riley, we understand the complexities of estate planning for aging parents and are here to help guide families through the process. Contact us today to ensure your loved ones are protected with a comprehensive plan tailored to their needs.

Welcoming a new baby into your family is an exciting and transformative experience. Alongside the joy and anticipation, it also brings a new set of responsibilities and considerations, especially when it comes to estate planning. Ensuring that your child's future is secure involves more than just providing day-to-day care; it requires careful planning to protect your assets and outline your wishes in the event of unforeseen circumstances. This article will guide you through essential estate planning steps to take when expanding your family, including naming guardianship, setting up a trust for minors, updating beneficiary designations, and ensuring financial security for your child's future.

Naming Guardianship

One of the most critical aspects of estate planning for new parents is naming a guardian for your child. A guardian is someone who will take on the responsibility of raising your child if you and your partner are unable to do so. This decision is deeply personal and can have significant implications for your child's well-being.

 

• Choosing a Guardian: Consider individuals who share your values, parenting style, and vision for your child's future. This may include family members, close friends, or others who have a strong bond with your child. It's essential to have open and honest discussions with potential guardians to ensure they are willing and able to take on this role.
• Legal Documentation: Once you have selected a guardian, it is crucial to legally document your choice in your will. Without this documentation, the court will decide who becomes the guardian, which may not align with your wishes. Clearly stating your choice of guardian in your will helps prevent legal disputes and ensures your child's care aligns with your intentions.

Setting Up a Trust for Minors

Another important consideration is setting up a trust for your minor child. A trust is a legal arrangement that allows you to specify how and when your assets will be distributed to your child. This can provide financial security and ensure that your assets are managed according to your wishes.

 

• Types of Trusts: There are several types of trusts to consider, including revocable living trusts and irrevocable trusts. A revocable living trust allows you to maintain control over the assets during your lifetime and make changes as needed. An irrevocable trust, once established, cannot be altered, but it offers certain tax advantages and greater protection of assets.
• Trustees: When setting up a trust, you will need to appoint a trustee to manage the assets on behalf of your child. The trustee should be someone you trust implicitly, as they will be responsible for making financial decisions in the best interest of your child. You may choose a family member, friend, or a professional trustee, such as an attorney or financial institution.
• Distribution Terms: Clearly define the terms of distribution for the trust assets. This can include specifying the ages or circumstances under which your child will receive the assets, such as reaching a certain age or achieving educational milestones. By outlining these terms, you can ensure that the assets are used appropriately and support your child's development and well-being.

Updating Beneficiary Designations

As you welcome a new baby into your family, it is crucial to update the beneficiary designations on your financial accounts, insurance policies, and retirement plans. Beneficiary designations determine who will receive these assets upon your death, and failing to update them can result in unintended consequences.

 

• Reviewing Accounts: Review all your accounts, including bank accounts, investment accounts, life insurance policies, and retirement plans. Ensure that the beneficiary designations reflect your current wishes and include provisions for your new child.
• Contingent Beneficiaries: In addition to primary beneficiaries, consider naming contingent beneficiaries. Contingent beneficiaries are individuals who will receive the assets if the primary beneficiaries are unable or unwilling to do so. This adds an extra layer of security and ensures that your assets are distributed according to your wishes.

Ensuring Financial Security for Your Child's Future

Securing your child's financial future is a critical component of estate planning. This involves more than just naming beneficiaries and setting up trusts; it also requires strategic planning to ensure that your child will have the financial resources they need as they grow.

 

• Life Insurance: Purchasing or updating life insurance policies is a prudent step for new parents. Life insurance can provide a financial safety net, covering expenses such as childcare, education, and living costs in the event of your untimely death. Calculate the appropriate amount of coverage needed to ensure your child's financial stability.
• Education Savings Plans: Consider setting up education savings accounts, such as 529 plans, which offer tax advantages and help you save for your child's future education expenses. These plans can significantly alleviate the financial burden of college tuition and other educational costs.
• Emergency Funds: Establishing an emergency fund is another important measure. This fund can cover unexpected expenses and provide financial stability in times of crisis. Aim to save at least three to six months' worth of living expenses in an easily accessible account.

Reviewing and Updating Your Estate Plan Regularly

Estate planning is not a one-time event; it is an ongoing process that requires regular review and updates. As your family grows and circumstances change, your estate plan should evolve to reflect your current situation and wishes.

 

• Periodic Reviews: Schedule regular reviews of your estate plan, at least every few years or whenever significant life changes occur. This includes changes in marital status, the birth of additional children, significant changes in financial status, or the death of a beneficiary or trustee.
• Consulting Professionals: Working with an estate planning attorney can help ensure that your plan remains comprehensive and effective. An attorney can provide valuable guidance, help you navigate complex legal requirements, and make necessary adjustments to your plan.

Preparing for the Future with Confidence

Welcoming a new baby into your family is a joyous occasion that brings new responsibilities and considerations. By proactively addressing estate planning tasks such as naming guardians, setting up trusts, updating beneficiary designations, and ensuring financial security, you can provide a solid foundation for your child's future.

Take the First Step in Securing Your Family's Future

Estate planning is an essential step in protecting your family's future and providing peace of mind. At Donohue, O'Connell & Riley, we specialize in creating personalized estate plans that reflect your unique needs and goals. Our experienced attorneys are here to guide you through every step of the process, ensuring that your estate plan is comprehensive and up-to-date. Contact us today to schedule a consultation and take the first step towards securing your family's future and ensuring the well-being of your new baby.