When you don’t have children, estate planning becomes less about obligation and more about intention. It’s an opportunity to define what “family” and “legacy” mean on your own terms.
You’ve built a good life. You own your home, maybe have a pet or two, a circle of close friends, and a favorite local charity that means the world to you. But when you start thinking about what happens after you’re gone, one question stops you cold: If I don’t have children, who gets everything I’ve worked for?
That’s not a hypothetical. It’s a question I hear more and more often at Stein Sperling in Rockville, Maryland. As family structures evolve and more people choose to remain child-free, traditional estate planning assumptions are being upended. According to a 2024 Pew Research Center study, 57% of younger adults without children say they simply don’t want them—a growing share of Americans whose planning priorities look very different from past generations.
Estate planning without children can be both freeing and complicated. Freeing, because you have the chance to design a legacy that reflects your passions and values. Complicated, because without obvious heirs, you must decide deliberately who—or what—matters most.
The Legal Default (and Why It’s Rarely What You Want)
When someone dies without a will, Maryland’s intestacy laws decide who inherits. If you’re unmarried and have no children, your estate will typically pass to your parents, then siblings, then increasingly distant relatives.
If no living relatives can be found, your assets ultimately escheat to the State of Maryland. In other words, the government becomes your heir. That’s usually not what people envision when they think about legacy.
By contrast, creating even a simple will or trust allows you—not the state—to decide where your assets go. Sometimes people have a “chosen family” or non-family members that are like family but aren’t actually blood relations. In an intestate estate, such people lose out entirely. This makes proper estate planning even more important. It ensures that your home, retirement savings, and possessions are passed on to the people, pets, or causes that truly matter to you.
Redefining Family and Legacy
For clients without children, “family” often extends far beyond bloodlines. It might include a niece who’s been like a daughter, a lifelong friend who’s always been there, or even a mentor or neighbor.
Yet the law doesn’t automatically recognize these relationships. Without clear documentation, your chosen family could be left out entirely. A will or trust ensures they are protected and legally acknowledged.
I’ve seen people leave meaningful gifts to friends who helped them through illness, to caretakers who became like family, or to community members who shaped their lives. Estate planning without children allows for this kind of personal expression—it lets your plan reflect your relationships, not just your relatives.
Giving Back: Charitable and Community Legacies
One of the most rewarding aspects of working with clients who don’t have children is seeing how often they choose to give back. For many, estate planning becomes an opportunity to create a lasting legacy through charitable giving.
You can leave a direct gift to a nonprofit, create a donor-advised fund, or establish a charitable trust that supports your favorite cause while offering tax advantages. Some clients even endow scholarships in their names or contribute to local foundations that make a visible difference in their community.
These plans can be as simple or as sophisticated as you like—but the key is clarity. The nonprofit’s name, tax ID, and the purpose of your gift should be precisely stated to ensure your intentions are carried out without confusion.
For the Love of Pets
For many people without children, their pets are their family. But legally speaking, animals are considered property, not dependents. That means without specific instructions, they could be left in limbo—or worse, surrendered to a shelter.
Fortunately, Maryland law allows for enforceable pet trusts, which let you:
- Designate a caretaker for your pet,
- Appoint a trustee to manage funds for their care, and
- Leave detailed instructions about everything from diet and veterinary care to end-of-life decisions.
It’s a practical and compassionate way to ensure your furry (or feathered) loved ones are protected and provided for.
Choosing the Right Fiduciaries
Even without children, you’ll need to name trusted people to handle your affairs. This includes your executor (who carries out your will) and, if you have one, a trustee (who manages your trust).
For some, that’s a sibling or niece. For others, it’s a close friend or professional fiduciary. The most important qualities are reliability, transparency, and a willingness to take on the responsibility.
At Stein Sperling, we often help clients identify neutral third parties—such as trust companies or attorneys—who can administer estates efficiently and objectively when no clear family candidate exists.
Planning for Incapacity
Estate planning isn’t just about distributing assets after death—it’s also about making sure your wishes are followed if you become unable to make decisions.
This is where advance directives and powers of attorney come into play.
A Financial Power of Attorney allows a trusted individual to manage your finances if you can’t. An Advance Medical Directive names someone to make healthcare decisions and communicate with doctors on your behalf.
For clients without children or close family, these documents are critical. Without them, your care and finances might be managed by someone you wouldn’t have chosen—or decided by a court.
Avoiding Disputes and Preserving Intent
It’s a misconception that estates without children are simpler. In reality, they can be more vulnerable to disputes, especially if there are multiple distant relatives or friends with competing interpretations of your wishes.
A clear, well-drafted estate plan minimizes the risk of conflict. At Stein Sperling, we encourage clients to communicate their intentions with anyone affected—whether that’s a friend inheriting a home or a charity receiving a major gift.
Transparency can prevent resentment and ensure your legacy unfolds exactly as you planned.
Trusts for Nontraditional Estates
Trusts aren’t just for large estates or families with children. They can provide structure, privacy, and control over how and when your assets are distributed.
A revocable living trust, for instance, can help avoid probate and ensure a smoother transfer of assets. You can also design a charitable remainder trust that provides income to a friend or partner during their lifetime, with the remainder going to a nonprofit organization.
Trusts also help protect more complex assets—like real estate, art, or business interests—and give you flexibility to manage them according to your values.
A Legacy That Reflects You
When you don’t have children, estate planning becomes less about obligation and more about intention. It’s an opportunity to define what “family” and “legacy” mean on your own terms.
Maybe that means funding a scholarship for future musicians, ensuring your best friend can stay in your home, or creating a trust for your pets’ care. The beauty of planning intentionally is that you decide.
At Stein Sperling, we see estate planning as an act of empowerment. Whether you have children or not, it’s about writing the story of your legacy before someone else writes it for you.
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