If you are a parent of young children, you undoubtedly want to protect and provide for your children in your estate plan. Doing so requires careful planning, starting with a well drafted and comprehensive estate plan. To help you get started, the Coral Gables estate planning attorneys at Stivers Law discuss what you need to know about estate planning if you are a parent with young children.
Why Is So Important to Have an Estate Plan I Am a Parent with Young Children?
As a parent you will undoubtedly focus much of your energy and efforts at creating a stable and financially secure life for your children. You will also try to pass down your wisdom, ideals, and belief system to your children. While you are present and capable of doing so, you will ensure that your children are protected and loved. What happens, however, if you are not here one day or are no longer capable of caring for your children? Without an estate plan in place the answer to that question is less than certain.
One of the first problems is that your minor children cannot legally inherit from your estate in the event of your death. Consequently, someone must manage the assets you leave behind for them. Your estate plan is your opportunity to decide for yourself who that person will be. It is also your opportunity to create guidelines and rules to be followed regarding how that inheritance can be spent. Furthermore, if your children are minors, they will need a legal guardian if the worst were to occur and neither parent is able to care for them. Again, your estate plan offers the only formal method of telling a judge who you want to act as your child’s guardian.
Eventually, your children will become adults; however, that does not diminish the need for careful estate planning. Though your children may stand to inherit through intestate succession, you probably want specific assets to be passed down to specific beneficiaries, hence the continues need for an estate plan. Making your wishes clear also greatly diminishes the likelihood of litigation when your estate goes through the probate process following your death. Finally, your estate plan allows you to express your wishes regarding end-of-life medical treatment as well as funeral and burial planning. Without an estate plan in place to provide guidance on these issues, your adult children may be unsure of your wishes and not know how to proceed. If they don’t agree on how to proceed, a costly and divisive court battle may ensue that could cause a rift in the family for many years to come.
How Can My Estate Plan Help?
Fortunately, many of the most basic estate planning tools and strategies can be used to provide you with the peace of mind that every parent wants and needs. Starting with your Last Will and Testament, you can ensure that specific assets are passed down to the beneficiaries of your choosing. You will also be able to appoint your Executor and nominate someone to be your children’s guardian if one is ever needed. While your children are minors, a trust can be established to protect and manage the inheritance you leave behind for your children. As the Settlor of the trust, you choose the Trustee who will manage the trust assets and administer the trust using the terms you create. That same trust can be used to stagger your children’s inheritance when they become adults to avoid the problems often associated with a sizeable lump sum inheritance. Once they are adults, including an advance directive and funeral planning in your estate plan ensures both that your wishes will be honored at the end of your life and that your children will not be forced to make difficult decisions during such an emotional time. A well thought out estate plan benefits both you and your children throughout your lifetime and beyond.
Contact Our Coral Gables Estate Planning Attorneys
For more information, please join us for an upcoming FREE webinar. If you have additional questions or concerns about protecting and providing for your young children in your estate plan, contact the experienced Coral Gables estate planning attorneys at Stivers Law by calling (305) 456-3255 to schedule an appointment.
Justin serves as a member of the American Academy of Estate Planning Attorneys (AAEPA), a national organization comprised of legal professionals concentrating on estate planning. As a member of the Academy, he receives ongoing, comprehensive training on modern estate planning techniques.
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