Providing for the Care of Your Children in Your Will

 Posted on October 05, 2019 in Estate Planning

When most people think about the concept of estate planning, they tend to think about money and “things.” Of course, there is nothing wrong with this thought, as estate planning does require a person to decide which beneficiaries will receive what property when the person dies. Property and debt considerations, however, are only part of the estate planning equation, especially if you have children who are under the age of 18. With the help of a qualified attorney, your estate plan can include your wishes regarding how your children will be cared for if something happens to you.

Guardianship Considerations

It is not easy to even ask the question, but what would happen to your children if you were, all of a sudden, out of the picture? Your spouse would most likely take on additional responsibilities for your children if you are married, but what if you are single or divorced? Or worse, what if you and your spouse were to die in the same tragic accident? Unfortunately, the realities of life are often extremely cruel.

If your children were suddenly left without any surviving parents, the court would be responsible for appointing someone to the role of guardian. In most situations, the court would choose a close family member, such as a grandparent, uncle, aunt, or someone else with whom your children already have a relationship. The court would do everything possible to make a decision based on serving the best interests of the children. However, you know your own family better than any lawyer or judge ever could, which means that you are in the best position to make such decisions for your children.

Making a Plan

Before you write down any guardianship instructions in your will, it is important to discuss the matter in detail with your spouse or the other parent, as the situation may be. You need to be on the same page because if you have different ideas of how to set things up, conflict could create legal problems at the worst possible time. In addition, you should discuss the issue with the person you intend to nominate as your children’s guardian. If the time ever comes where he or she needed, the last thing your family would need is for your intended person to refuse the responsibility.

Once you know what you want as your plan, you should enlist the help of an estate planning attorney to ensure that your wishes are recorded properly in your will. Everything must be in order—including signatures and witnesses—or the document may prove to be unenforceable after your death.

A DuPage County Guardianship Lawyer Can Help

For more information about nominating a guardian for your children in your will, contact a knowledgeable Lombard estate planning attorney. The team at A. Traub & Associates is dedicated to helping you keep your family protected in the event of unexpected tragedy. Call 630-426-0196 to schedule an appointment today.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2104&ChapterID=60&SeqStart=12100000&SeqEnd=14300000