Why A Will Is So Important

Most people do not like to think of their mortality. Often times it is a tough subject for people to talk about. However, it is a conversation that must be had if you want to be sure your loved ones are protected. Maybe you have pressure from your friends and family that you need to plan for these things? Maybe you just had your first child and you want to make sure your child is protected? Maybe a loved one recently passed without adequate estate planning and you saw how complicated things became? Maybe someone passed and there were problems with the estate plan because it was ineffective because they didn’t seek help from a lawyer? Anyone that wants to make sure their loved ones are protected should speak to a lawyer to ensure their goals will be adequately planned for.

Are your children protected if something happens to you?

Most people think that if they don’t have a lot of assets, or none at all for that matter that they don’t need a will. If you have minor children this is simply not the case, you should have a will.  Typically, if one parent passes and the other parent is fit, the remaining living parent will be awarded custody of any minor children.  If for some reason the remaining parent can’t or won’t take custody of the minor child your will should have guardians listed for the court to take into consideration. Guardianship nominations in your will tells the court who YOU want to raise your children in the event that you can’t. You may think well what are the chances that both parents become unavailable to care for your children? Well hypothetically speaking what if both parents are in a car accident? You can see how this unlikely circumstance is not that far fetched anymore. A will provides the court with information as to who YOU want to raise your children in the event you and your child’s other parent are not able to. Keep in mind a will is only applicable when someone dies. Parents should also speak to their lawyer about standalone forms such as a nomination of a guardian, a power of attorney for the care of you minor child, and a designation of health care surrogate for your minor child in the possible event that you don’t die but become incapacitated.

What happens if I do not have a will?

Perhaps you have close family members who raise their children in a similar way that you do and you would like your children to be raised by them in the event you cannot? Whenever there is any matter involving a minor child, the court will look at what is in the best interest of the minor child. A court will take into account many factors such as the minor child’s closest relationships, what other suitable family members exist (aunts, uncles, grandparents etc.), who is willing to raise the minor children, and who has the ability to raise the minor children. At the end of the day without a will and/or a standalone guardianship form to let the court know your wishes the court will, on its own accord, determine who will raise your minor children for you. Essentially without proper preparation you leave it to a court to guess who you would want to raise your children in the event you cannot.