By: Sarah Stewart Legal Group
If we don’t plan for our assets after our death while we’re alive, the Court will take over for your family and tell them who gets what. Because of this, estate planning tools are important for everyone. But, families with young children have even more at stake if they don’t plan properly for their children.
Traditional estate planning tools like Wills and Trusts allow parents to name a Guardian for their children if the parents die while the children are under the age of 18. At the very least, parents should think through who you trust to care for and raise your children if you’re not there.
Though these documents are important for every young family to have, there are other plans parents of young children may not be aware of that are just as crucial.
Sometimes when both parents have died, children can be taken into state custody, at least for a brief period. If you want to minimize the chance of this happening to your children, you will need to make plans and arrangements with family members or friends if something happens to you.
Let’s say you go out on a date night and leave the kids with a sitter, but you get in a car accident and don’t make it home. Who would the babysitter call? Who would care for the children until the Guardian can go to court and establish Guardianship? Getting a guardianship is a process that can take weeks.
What about young families who do not live close to their parents, siblings, or other family members? What if closest relatives are more than 5 hours away? Where would your children go?
If you have a trusted friend you would like them to stay with until family arrives, you will need documentation granting the friend authority to keep the children temporarily. Otherwise, child protective services will likely take them into custody.
If you are a parent or Guardian of young children, you should consider drafting a plan for your family. You can give a copy of the plan to your proposed caretaker and keep a copy somewhere in your home that is easily accessible and that the sitter knows about.
Your children will have enough stress and trauma from dealing with your loss if you die suddenly. Do you want to make that process even more difficult by having the state take them into custody and hand them over to strangers?
If not, get to work on your temporary custody plans for your children today!