Everyone should plan for their future because it is impossible to know when an accident might happen and leave a seemingly young person incapacitated or dead and unable to care for their own children. Taking the time to plan for unforeseen circumstances can ensure children are taken care of even if parents are unable to do so themselves. Although some people believe a will is only necessary for older people who have a lot of assets, the fact is that anyone who has a minor child should have a will.
When a parent dies without a will, the probate court has to decide who will take care of the minor children, which usually happens without many problems. A grandparent or other relatives typically petitions the court for guardianship and, as long as it is unopposed, the petition is usually granted. However, in some cases, more than one person asks the court to give them the right to care for the children, and the kids could be left in limbo until the judge decides what is in their best interest. In some unfortunately situations, siblings are split up.
The best way to avoid this conflict is to talk to the intended guardian about their ability to care for the children and put that agreement in writing.; estate-planning attorneys help clients with this type of paperwork every day. As parents get older, it’s vital that they review their wills and any other estate planning documents their attorneys recommended to make sure they continue to reflect their wishes and their goals. Although it probably won’t be necessary to appoint a guardian for older children, a will can also be used to give money to charities or provide directions as to how property should be divided among heirs.
Estate-planning attorneys, such as Mark Aberasturi, might help clients who have no idea on how to start the planning process to devise one that could ensure their wishes are be carried out in the event they become incapacitated or die unexpectedly. Wills are not just for elderly people, in fact, some experts recommend every adult have at least a basic will in their estate plan.
