Young families face different estate planning needs and challenges than those who have had a long life behind them. While established families may be concerned about what will happen to their family when they pass on, young, growing families can be more focused on what is happening to their family in the present. And you even may find it hard to justify planning for an “estate” you haven’t yet established!
But here’s the thing … if you have children, or anyone else you care about, you may not have an “estate”, but you do need estate planning, if you want to ensure your loved ones wouldn’t be stuck in Court and/or conflict, if anything happens to you.
Here are a few estate-planning issues important for young couples to consider as soon as they start a family:
The Care and Custody of Your Children
If you die or become incapacitated before your children reach 18, they will need a legal guardian. To ensure your children are only in the care of people you want and choose, you need to name both temporary and long-term guardians for your children.
Identifying friends or family as the “godparent” of your child isn’t enough. You need to legally document your choice. And, naming just one person or a couple won’t cover it either. Name at least 3 options, in case back-ups are needed.
Also, ensure that you have not just named legal guardians in your Will, for the long-term because by the time the Will is probated by the court there will be a time gap. Who will take care of your young ones meanwhile? Social Services?
If something happens to you and your child is home with a babysitter, or at school, you want to also name local people, friends or family, who would immediately be able to be called upon by authorities and step in to take care of the child. And, those people need to have legal documentation on hand to step in and make immediate, short-term decisions for your little ones.
We recommend a comprehensive Kids Protection Plan® to ensure there are no gaps in the care of the people you love most, not even for even one minute,
The Management of Your Children’s Inheritance
Remember, when you die, the assets left to your minor children will need to be managed by someone at least until they turn eighteen. If no one is identified for this task, the court steps in and appoints “professionals” to take over the role, which can cost your children their entire inheritance.
And, it’s totally unnecessary. With just a bit of prior planning, you can keep your loved ones out of the Court system entirely and give total control to the people you know, love and trust.
The Authority to Make Decisions for You
Finally, no matter what your age is, or how big or small your assets are, you want to put in place the documentation that appoints the people you would want making decisions for you, if you cannot make your own decisions.
Once again, the focus here is on keeping the people you love out of Court during what would be a hugely stressful time for them.
Estate planning is a key part of growing up, and showing up for the people you love. So, yes, you may be a young family, but once you’ve become a family, you’re not too young to plan well to make things as easy as possible for the people you love.
As your Personal Family Lawyer®, we will help you make the very best financial and legal decisions throughout your life, and for the beyond. Far from being a morbid task, estate planning can give your young family the peace of mind, confidence, and security you desire when it comes to the future wellbeing of all members of your family.
At VM Gokea Law we help families plan and get more financially organized than ever before. Call us today at 212-937-8420 or e-mail me Varv@VMGokeaLaw.com to set up a meeting. We normally charge $750 for a Family Wealth Planning Session, but we will waive this fee for the first three families who mention this article when they call. So let’s sit down and talk because this planning is so important.