Getting Health Insurance for the Child

I had a call with Emily last week, a truly heartbreaking situation. Her ex-husband, the child’s father, passed unexpectedly. He had maintained health insurance through his employer, covering their eight-year-old, Leo. Now, with his passing, Emily is facing a sudden lapse in coverage, and a $10,000 medical bill for Leo’s recent emergency room visit. She’s understandably terrified about future costs and navigating the complexities of COBRA and potential marketplace plans.

This isn’t an isolated event. Often, the need for health insurance for a child arises during a significant life event—a divorce, a parent’s job change, or, tragically, a parent’s death. Understanding your options promptly is critical, and the rules surrounding coverage can be surprisingly nuanced.

What are my immediate options for health insurance after a parent’s death?

Following the loss of a parent, the first step is understanding the terms of the existing policy. Most group health plans offer continuation coverage through COBRA (the Consolidated Omnibus Budget Reconciliation Act). COBRA allows you to temporarily maintain coverage, but at a potentially high premium, often including 102% of the previous cost plus administrative fees. While it’s a bridge, it’s rarely a long-term solution. Simultaneously, you need to explore options through the Health Insurance Marketplace (coveredca.com in California). A qualifying life event, such as a parent’s death, triggers a special enrollment period, allowing you to enroll outside of the annual open enrollment window.

Can I use the Marketplace to find affordable coverage?

• Subsidies: Depending on your income, you may qualify for significant premium tax credits and cost-sharing reductions through the Marketplace. These subsidies can dramatically lower your monthly payments and out-of-pocket expenses.
• Medi-Cal: For families with very limited incomes, Medi-Cal (California’s Medicaid program) may be an option. Eligibility requirements vary, but it offers comprehensive coverage at little to no cost.
• CHIP (Children’s Health Insurance Program): If you don’t qualify for Medi-Cal but still need assistance, CHIP provides low-cost health coverage to children in families who earn too much to qualify for Medi-Cal but cannot afford private insurance.

What happens with pre-existing conditions?

Fortunately, the Affordable Care Act (ACA) prohibits insurance companies from denying coverage or charging higher premiums based on pre-existing conditions. Leo, or any child, can be enrolled in a plan regardless of any prior health issues. This is a vital protection, particularly if the child has a chronic illness or has recently required medical care.

As an Estate Planning Attorney and CPA with over 35 years of experience, I’ve seen firsthand how proper planning—including a well-drafted Will, a designated healthcare proxy, and a comprehensive review of insurance policies—can alleviate immense stress during difficult times. The CPA advantage comes into play with understanding the tax implications of any insurance payouts or reimbursement, and potential step-up in basis for healthcare-related assets. Furthermore, accurate valuation of the estate is vital to properly account for any life insurance benefits received.

The California Probate Threshold ($208,850): Under Probate Code Section 13100 (updated effective April 1, 2025), estates with a gross value exceeding $208,850 must generally undergo formal probate. This threshold is scheduled to remain fixed until the next inflation adjustment on April 1, 2028.

The OBBBA (One Big Beautiful Bill Act): While the TCJA was originally set to sunset in 2026, the OBBBA (signed July 2025) made the higher exemption permanent, raising the Federal Estate Tax Exemption to $15 million per person effective January 1, 2026, effectively eliminating the “sunset” risk for most families.

RUFADAA (Revised Uniform Fiduciary Access to Digital Assets Act): Codified in California Probate Code §§ 870–884, this act grants executors and trustees legal authority to manage a deceased person’s digital accounts, provided the decedent gave explicit “written direction” in their Will, Trust, or via an online tool (like Google’s Inactive Account Manager).

What does a California probate court look for when interpreting testamentary intent?

In California, a last will and testament operates within a probate system that emphasizes intent, clarity, and procedural compliance. When properly drafted, a will does more than distribute property—it creates legally enforceable instructions that guide courts, fiduciaries, and beneficiaries through administration with fewer disputes and less uncertainty.

To ensure the will functions as intended, the executor must understand their fiduciary obligations, while the family should be prepared for the court supervision required to enforce the document.

When a will is drafted with California probate review in mind, it becomes a stabilizing roadmap rather than a source of conflict. Clear intent, proper authority, and compliant execution protect both families and estates.

Official Legal Mandates and Resources for California Guardianship

• Mandatory Judicial Forms:
  Judicial Council of California – Guardianship Forms (GC Series)
  Access the complete library of “GC” (Guardianship and Conservatorship) forms required for filing a petition in California. In 2026, this remains the official source for mandatory background screening forms and the specific notices required for relatives under the Probate Code.
• Self-Help Procedural Guide:
  California Courts – Guardianship Self-Help
  An official judicial resource providing step-by-step instructions for families seeking legal custody. This guide explains the critical 2026 distinctions between Guardianship of the Person (physical care and health) and Guardianship of the Estate (financial management of the minor’s assets).
• Acknowledgment of Fiduciary Duties:
  Duties of Guardian (Form GC-248)
  The mandatory Judicial Council document that every prospective guardian must sign. It acknowledges your legal obligations regarding the minor’s education, health, and welfare, and establishes your ongoing accountability to the California Probate Court.
• Statutory Authority:
  California Probate Code § 1500 (Guardianship)
  The definitive statutory authority governing the appointment of guardians. This code stipulates that a parent or third party can only be appointed if it is proven—under the “Clear and Convincing” evidence standard—that parental custody would be detrimental to the child’s best interests.