If you have kids, they’re probably the most important thing in your life. In fact, children are arguably the most important reason to put together an estate plan with the help of a professional. The reality is that having children dramatically complicates the estate planning process. Particularly if you have children from multiple spouses, or if you and your spouse have separated or divorced. It’s critical to ensure that your children are properly provided for, and that an appropriate guardian - of your choice - is named in your estate plan. What happens if you don’t take these important steps?
When you use a DIY resource or online tools, these options typically don’t have the appropriate provisions for guardianship and allocation of financial resources for your children. They may lack any mention of this altogether, or they may take a “one size fits all” approach that simply doesn’t apply to your family or doesn’t address your situation. When this happens, the decision of what to do with the kids is left up to the courts.
Do you really want to trust a court with the question of who will raise your children? If you need an example of exactly how devastating this can be, take a look at the case of Michelle and Cary Baker. These All-American parents had a tragic car accident, which their three little boys survived - but they didn’t. Court documents have shown that Michelle and Cary had talked about naming guardians for their boys, but they simply hadn’t gotten around to putting their decision in writing. After all, we always think we have more time, and they were healthy, happy adults with three small boys at home. Estate planning is often something we think of later in life, so it’s not surprising they didn’t feel any particular urgency to create their plan.
Unfortunately, the Bakers had no idea how much conflict would be involved in naming a guardian for their boys. In the four years following their death, thousands of court documents have been filed in their case, nine lawyers have been involved, and the costs have totaled in the tens - or hundreds - of thousands of dollars. In the meantime, the boys went into the foster care system for a short time, while police worked to locate family members. Would you want your kids going to strangers after a tragedy like that? When family was finally located, the boys went to live with one of their aunts, who allegedly prevented the rest of the family from having any contact with the boys. Not only were their parents tragically ripped away from them, but they were denied the comfort of the rest of their family, too! In the end, the Court will be responsible for appointing a legal guardian for the boys. This person may or may not be the person the Bakers would have chosen. They’ll never have a chance to say who they want to raise their kids, or have any say at all in their children’s lives - because they thought they’d have more time, so they didn’t put together a plan. Don’t be be like the Bakers.
Your children are too important to trust to the court system, or to risk on DIY resources that may not adequately arrange for the protection of your children. Take the fate of your children in your own hands, and craft a detailed estate plan to ensure they’re protected and loved the way you want them to be.
If you have questions about taking care of your children and having adequate estate planning protection, give our office a call at and contact us today to discuss further by calling 956-791-5422 in Laredo.
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