Why Estate Planning for Parents is Vital
According to a survey by Lawyers.com, only 51% of Americans have an estate plan in place. Are you one of the statistics? Have you ever considered who would take care of your minor children if something happened to you?
This question scares most parents because they do not know or have not put it in writing. Unless you have an estate plan in place and have named a guardian for your minor children, a judge will make that decision for you. While courts often appoint a relative or family friend, the court is not required to do so. The court can appoint anyone it determines to be in the “best interest” of the child. Is this what you want? If not, it is extremely important you have an estate plan and name someone to act as guardian of the person as well as the property.
Another scary thought is in Florida, guardianships terminate at age 18 and all funds held in the guardianship are distributed outright to the child then. Would you want your 18-year old to inherit money? Most 18-year olds I know are not mature enough to handle funds responsibly. Thus, the best solution would be to name a guardian of the person in your will (to make living, school, medical decisions) and create a trust for your children (to handle any funds they will inherit). If the trust is prepared and funded properly, a guardianship of the property might be avoided altogether. The added benefit is it allows you to pick the person who will control the finances for your children and allows you to determine when the funds will be distributed to them. A trust of this nature is easy to create with proper planning.
What is estate planning and why is it so important?
Estate planning is the process of arranging for the disposal of your assets at your death and deciding who will handle your affairs. Your estate plan will also name a guardian who will care for your minor children if both natural parents are deceased. Depending upon the size of your estate, it may also include some tax planning to help defer or avoid estate tax. Estate planning also encompasses arranging your affairs in case you become incapacitated. Documents that provide who will make health care and financial decisions for you should always be part of your estate plan. Read More
August 17th, 2010
Carol





























