Wednesday, February 1, 2017

Why All Parents Need a Will - not (only) a Trust

If you've spent much time around TrustWorthy Lawyer, you may have noticed that I believe strongly in the value of Revocable Living Trusts.  They are not, however, the best solution for everyone. 

In fact, in the legal world, few answers are universally applicable. 

This, however, is as close as I'll come to giving one that is ...

If you are a parent ... you need a will.  

One right you have in drafting a will is to tell the court who YOU want to have care of your children should you (and if relevant their other parent) die before they've reached adulthood or competency. 

Things you might consider in making this decision include your values, extended family relationships, and your religious beliefs.  Who will ensure that your children maintain their relationship with both (or more) sets of grandparents in your absence?  In contrast, if you are estranged from extended family, who will honor that situation and the reasons behind it?  There are few right answers to who you'd chose and why ... but if it were me?  I'd sure want to make those decisions myself and avoid a future court battle between surviving relatives or friends for the ability to influence the upbringing and formation of my children. 

Adding language to your will to address this important concern is well worth the investment. 

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