How do I decide who to appoint as guardian in my Will?

A Will can be one of the most important legal documents that you will ever have prepared. It’s not just about who gets your mother’s pearls or your collection of antique shoehorns.  It’s about planning for the unexpected, and one of the most important questions for clients who have young children is who will become their guardian if something were to happen.  While this is a terribly difficult thing to think about, an even worse thought is if the courts make the decision for you, because you didn’t dictate your wishes in your Will.

You will have to decide who will have the responsibility of raising your children should the unexpected occur. Some people choose to name their executor as the guardian of their children, and that can be fine in some circumstances.  However, there are times that the person whom you trust to watch over your property and assets is not the same person you would trust to take care of your children. In that case, you would appoint a guardian (or guardians) to care for your children.

Some things to think about when considering who to appoint as guardian—

-Is their parenting style close to yours?  What about their morals, values and political and religious beliefs?
-Where does the person live?  Would your children have to move and/or change schools?  
-How old is the person you’re considering?
-How comfortable are your children with the potential guardian?
-Does the person you’re thinking about have other children? How would your children fit into the mix?
-Would this person be financially, emotionally and physically able to support your children?
-Would the potential guardian have the time to devote to your kids?

Once you’ve chosen someone who you think meets the above standards, please make sure to have a candid conversation with them to ensure that the person or persons are ready and willing to take on this responsibility. 

It’s also a good idea to have a backup guardian, should, for whatever reason, the primary guardian that you designate wouldn’t be able to serve.

An important part of your job as a parent now is to make this important decision – and it’s advisable to review your choice every couple years just to make sure that nothing has changed. 

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.

Why do I need a will?

During this holiday season, providing for your family and close loved ones is one of the greatest gifts you can give.  While it’s not exactly the most joyful thing to think about during the holidays, having a Last Will and Testament prepared is a wise investment that will allow you to plan for your family’s future once you’ve passed on.

In your Will, you can indicate not only who gets your personal assets, but also when, in what order and how they can receive it. As part of your Will, you will designate an Executor, who is someone you’d trust to handle your affairs once you’ve passed on. 

Having a Will is especially important for those with young children, so you can designate how to transfer guardianship of your children.  Additionally, the executor of your Will would manage your assets until the age you designate that you’d want your children to receive their inheritance. If you were to die intestate (without a Will), the state would determine how and where your assets would be divided, as well as who would become guardian over your children.

In the event that you die without any heirs whatsoever, and without a Will, then the state would be your heir and receive all of your assets.  Thus, even those without living family members (or family members they don’t want to have an interest in their estate) should have a Will to plainly show where they would like their assets to go, such as an alma mater, a church or a favorite charity.

An attorney who has experience preparing Wills can walk you through the process to make sure your Will is prepared properly and with the vision you provide for your family’s future.

To schedule a FREE CONSULTATION with the Law Offices of Brandon Rosenbloom, call us at 678-609-8724 or contact us online today.