Parents are very particular about choosing a sitter to care for their children. The sitter is armed with instructions and cell phone numbers and perhaps the name of the next-door neighbor. But what would the sitter do if the parents were in a tragic accident and did not return home? What would happen to the children that night?
This scenario is frightening. Pondering the answer to the last question should be enough to convince every parent to make an appointment with an experienced estate planning attorney. If a legal guardian has not been specified in a properly drafted will, the children are likely to be placed by the local social services agency in a foster home until court proceedings can take place.
Accidents do happen. Illness and death happen. Parents with children can gain peace of mind by naming guardians and designating how their assets should be used to care for their children in a comprehensive estate plan created specifically for them.
Proper estate planning allows parents to spell out their wishes for the physical and financial care of their children should they be unable to do so themselves. We can help you navigate the complex road to a plan that gives you peace of mind and a sense of security for your family’s future.
At a minimum, parents with children under the age of 18 should have a Will drafted by an experienced estate planning attorney.
The Last Will and Testament is the document that names Legal Guardianship for minor children. If one spouse dies, the other spouse is automatically the legal guardian in most cases. If the surviving spouse later remarries, the Will should be updated to designate who has control should something happen to the survivor while the children are still minors. Should both parents die contemporaneously, guardians named in the Will would become responsible for the care of the children.
Do not hesitate to contact our office for a free 15 minute telephone consultation with a member of our staff to determine how we can help you protect and your family.