If you have children who are minors, creating a will is all the more important. Although it can seem emotionally challenging to make a plan for your children in the event that you are no longer with them, you will want to make sure that you have something in place. The last thing you will want is for tragedy to strike without a clear plan identifying a person to take care of your children. When your kids are involved, you will want to make sure that they are cared for in the way you expect. An attorney will work with you to make sure that you have covered all of your bases. When it comes to minor children, there is much to consider.
Families Fight & Other Complications
When a loved one dies, family members can behave irrationally. This is especially true when there are children involved who are minors. Let’s face it; if both you and your partner passed away, leaving behind young children, it’s likely that tragedy has struck. Your passing was probably unexpected, leaving your family shell-shocked.
It is possible for various family members to disagree surrounding who they would like to care for your children. There are a number of ways this could happen. Grandparents, aunts and uncles will all have a say in who should take on the role of guardian. They will likely want to hold the children close after the incredible loss they have recently experienced. It will be important to hire an attorney to help outline a plan for your children. Without a will in place, you put your children and loved ones at risk of experiencing a number of complications:
- A guardian for the children will be appointed in court, taking the decision out of your control. In this process, a family member can petition the court to be appointed as the child’s guardian. By not working with an attorney, and creating a will, you put the lives of your most precious children in the hands of complete strangers.
- A trust may be approved to help in the care of your child. Often there is an identified guardian and also a conservator who manages the trust. By name a person to manage the inheritance of your children, you mitigate the likelihood that complications will arise over money.
An attorney can work with you to make sure that nothing is left out when it comes to considerations that need to be made for minor children.
Choosing a Guardian
There is more that should be considered than just the appointment of a guardian. By retaining an attorney’s services, you can move through this process swiftly. You will also finish your will feeling confident that your children will be cared for in the event that you pass away unexpectedly. You will want to be sure that you think about the following when appointing a guardian to care for your children:
- If you have more than one child, you will need to include in your will whether or not you would like them to live together. If for some reason the court does not believe it is in the best interest of your children to go with the guardian you have identified, they may choose someone else. Having a backup guardian will be important.
- You will want to be sure that if your child is an adult with special needs or a minor with a disability that you have clearly outlined their care.
- Consider whether or not the person you have chosen to care for your children is in a place to care for them. It will be vital that you have a conversation with that person to determine if they are up for the task.
When you are planning your final wishes, you will want everything to be clearly outlined, especially when it comes to your children. While your children are grieving they will need to experience very little disruptions along with compassionate care from a love one. Losing both parents at the same time is earth shattering for a child, make sure that you have worked with an estate planning attorney to ensure that you have not left a single detail out. If you need any legal help regarding wills, contact Wills and Trusts Lawyer Scottsdale AZ and locals for any information.
Thank you to Hildebrand Law for providing insight on creating a will.