If Something Happens to Parents, Where do the Kids Go?
The Reason Families Need Estate Planning. Many families think estate planning is only something “rich” people need, but that is inaccurate. As a mom and attorney, I believe the strongest reason for quality estate planning is to ensure you have a plan in place for who would care for children if, for any reason, parents are incapacitated. None of us want to think negatively, and statistically, we’re likely fine, but accidents or health emergencies can and sadly do happen. It’s certainly not worth rolling the dice when your children’s future could depend on it.
What Happens If There is No Will or Trust in Place? In my state, if something happens to both parents and there is no will or trust in place, a judge would look to the statutes to decide custody of the children. I believe there are some great judges, but I would NEVER want to leave a decision on child custody to a judge interpreting state statutes. Further, can you imagine the emotional toll on grandparents, aunts, uncles, and cousins if they are put in a position to try to gain custody of the children? Talk about an emotionally damaging tug-of-war. For all of these reasons, I strongly recommend parents put in place at least some basic form of estate planning, and although I think trusts are much better overall, a simple will can cover custody issues if ever needed.
Hiring an Attorney vs. Downloading Will From the Internet. I understand families feeling financial pressure and believing that they are not in a position to spend money on estate planning. However, considering the alternative, as previously discussed, it is worth finding a way to pursue at least a basic will. To download a will from the internet does not guarantee it aligns with your state statutes and may not protect your children. Instead, ask around your area and find a good attorney. Some attorneys will understand if a family only wants the bare bones of estate planning and must pay out their bill to ensure their family’s protection. I’d recommend seeking smaller law firms who are typically more caring and understanding about the situation.
Make an Emergency Plan. After getting your estate planning legal paperwork completed, it is a good idea to let close family members know that you have prepared a plan and tell them where to look in case of an emergency. My husband (also an attorney) and I give our clients and friends a zippered binder that holds all of the important legal estate planning paperwork. This helps keep the documents safe, and it ensures the documents are easily located when and if they are ever needed.
Let it Go. After that, you can exhale, and as in the movie Frozen, “Let it Go.” This is one of those subjects that is not fun to face, but once you’ve addressed it, you don’t have to think about it anymore. Further, you can rest easy, knowing you’ve prepared a plan that ensures a plan for your children.
Blessings,
Jeanne
Please note that this is not to be considered “legal advice” but only a friendly conversation to help families seek legal counsel when appropriate.
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