Once you have children, it is extremely important to have a will, if only to designate a guardian. If any one of your children is still a minor when you die, the other parent will usually take care of the child. But if the other parent cannot or does not do the job, or if the other parent does not survive you, the court will appoint someone as guardian for the child. In your will you can name the person you want the court to appoint for each child.
You can name one personal guardian for all of your children or a different one for each child; name an alternate in case your first choice can’t serve; and explain reasons for your selection. Explaining your choice provides strong guidance for a court when appointing a guardian and can also help to salve the feelings of those who were not picked as first choice.
When a court decides who should become a child’s personal guardian, it is required to act in the child’s best interests. In making this choice, the court may consider who:
- will provide the greatest stability and continuity of care for the child
- will best meet the child’s needs
- has a good relationship with the child, and
- is morally fit.
Courts will often sanction your choice of a personal guardian, especially if you explain your decision.
You can also provide for management of property that you leave to minor children, or other beneficiaries. If your beneficiaries are very young when you make your will, it is wise to name someone to manage the property. You can also choose an age for the management to end. Although most laws treat a person as an adult when they turn 18, your child may not be ready at that age to make sound decisions regarding money and other property. For this reason, you may want to consider providing for property management as part of your will.
Remember: It is extremely important to create or update your will once you have children. You do not want your children to become wards of the state, or to have the court appoint a guardian you do not fully approve of. By creating a will, you can make the choices that are right for you and your family regarding the guardian of your children and management of any property you leave to your children.
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on Friday, August 17th, 2007 at 12:08 pm and is filed under Articles.
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