No one likes to talk about wills and estates. However, it is important for parents with minor children to consider what would happen in the event one or both parents were to die unexpectedly. The best way to plan is to start with a will. A will states the parents’ wishes after they are gone. Hopefully, every child has two capable parents. However, that is not always the case. In fact, the parents could die in a single event. Without a will, a court will name a guardian for the children. They may ask others for an opinion but a will is the only way to know the parents’ wishes. A guardian should be named in the will, and the parents should state why they selected the person.
Consult a Probate Attorney in Sacramento when making these types of plans. The attorney gives advice on how to protect the children and their assets. Parents also need to name a financial guardian. One can name the same person for both tasks. However, keep in mind that some courts require the guardian to be bonded. This means the property guardian must have good credit and money of their own. The Courts want to make sure the children’s assets are not wasted. If the named guardian may not pass the credit check, select someone else. In many jurisdictions, the county will appoint an attorney to be the guardian of any property. This is not a bad idea if it eliminates a family squabble.
The Probate Attorney should also prepare a living will for the parents. A living will spells out how much end-of-life care someone wants. For instance, some individuals want pain medicine to be comfortable. However, they do not want to be kept alive with a machine. Another important estate document is a Power of Attorney. Indeed, both parents should have one. If one parent is incapacitated or out of the country, the other can sign documents for them. This is especially needed in the event of a sudden illness. Documents like these are so important because it relieves stress. If you make plans, no one has to guess what you would want. Start talking about these important issues today.
