Having a will for guardianship of your kids is an important estate planning function. Just as taxes do, inheritance laws vary from state to state, so it is important to check with a lawyer or legal facility to ensure that your paperwork is adequate and will stand legally in the eyes of inheritance laws. The issues surrounding the guardianship of minors can be complex, particularly when there are inheritances involved. This is why appointing a guardian is such an important aspect in planning the will.
guardian is the person who is responsible for the daily welfare and
care of your children in your absence. A guardian has all of the rights,
powers and duties that are typically given to the child's natural
parents. This person will be a key component of your child's life if you
die before she is an adult. They will be vested with making important
decisions on your child's behalf. This person should be someone you
trust to carry out this important function so that your children are
raised well, safe and sound. This includes adequate housing, food,
clothing and education.
Importance of Guardianship
a parent dies and there is no one appointed with the responsibility of
handling the affairs of the children, the courts will be left to make
decisions about who will have that responsibility. Sometimes a guardian
gets appointed even when there is a surviving parent, if she is
incapable of raising a child. Consider all short and long-term factors
of the child's welfare. Appoint the person who can best do this job
easily. Discuss all the important factors about raising your children
with the intended guardian, as well as any specific wishes. Draft a
Memorandum of Wishes to address all concerns.
It is particularly important for parents to have a will in place when
they have minor children, even without significant assets. Otherwise, a
court appointed guardian will be assigned to raise your kids, and that
is not a scenario that most parents would be comfortable with.
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