Nearly everyone benefits from having a Will, even if just a simple one. If you do not have a Will, the government has its own plan for what happens to your assets, which might be drastically different from what you would want.
Each person has unique issues that are important to him or her. We work closely with you to understand your exact situation and then draft the Will best suited for you. If you are thinking about having a Will prepared, please contact us to begin work on this important document.
Estate Planning and Guardians: Who will Raise My Children?
Many people admit that they have not bothered to engage in any estate planning because they don’t “have any property”. As a result, they see no point. The truth is that, even if you don’t own much, you do want to control who gets what you have, even if it is very little. A will allows you to do that. There is another very important reason to have a will, even if you believe you own very little. If you have minor children, your will is the place where you can name the person or people who you would prefer to raise your children if something happens to you, also known as guardians.
Generally, with some exceptions you should discuss with an attorney, parents raise their children until they are adults. If one dies, the other continues raising the children, even if they are divorced or have split up. But what happens if both parents die? Your will is the place where you can express your wishes as to who will take care of your children if that unfortunate event happens before the children turn 18. There is no way to completely prevent an argument about this after you die, but it is far better for a judge to be able to see, in a legal document that you sign in front of as notary, who you prefer to take over that job, than to rely on a conversation you had.
It is up to you who you choose. Many people chose a close relative, but sometimes family live too far away (would they move to the kids or would the kids have to move?) or they are not solid candidates (not very responsible?) or the kids don’t like them (that happens!). It is a very important decision that requires careful thought. Over time, the named guardian or guardians can be modified. Your preference is not set in stone forever. If you do change your mind, you will need a codicil to the will to update your preference.
If the other parent is living, but has dropped out of the children’s lives, or has other major issues, like alcohol or drug abuse, it is even more critical to express your wishes, to try to give your family and friends the tools to try to prevent that less than desirable parent from being awarded the right to raise the children.
