There are around four million births every year in the US. That’s a lot of babies to clothe, feed and diaper change. Becoming a parent is one of the greatest joys in life but it also brings with it a lot of responsibilities.When your child is born you might not think immediately about estate planning, but if you’re smart, you will know that you need to consider this question now! Getting this planning done right away is some of the best advice for new parents that we can give.
Every parent wants to make sure their children are provided for in the event something happens to them while the children are still minors. Grandparents, aunts, uncles and other relatives often want to leave some of their assets to young children, too. But good intentions and poor planning often have unintended results. The following points will help guide you through some important steps to ensure careful planning for your estate and children.
After an individual’s death, his or her assets will be gathered, business affairs settled, debts paid, necessary tax returns filed, and assets distributed as the deceased individual directed in their will. This distribution of assets will be conducted on behalf of the decedent by a person acting in a fiduciary capacity, either as the executor (in some states called a personal representative) or as a trustee, depending upon how the decedent held his or her property.
The executor plays a very important role after the testator (the deceased will maker) dies as they have a number of duties including the task of tracking down assets, paying creditors, and making sure beneficiaries named in the will receive property to which they are entitled. Being an executor is not a simple role and should not be taken on without serious consideration. To help you gain an informed perspective on the duties of an executor, we have outlined some general information and frequently asked questions that all executors should consider.
When we decide to sit down and write a Will we obviously think about our valuable possessions, property and savings, but more importantly than all of that, you might need to consider a legal guardian for your children.
Two-thirds of American parents haven’t chosen a legal guardian, but whether your children are infants or teenagers, they are the ones that will benefit from careful parental attention to guardianship. The nomination of a legal guardian is a straightforward aspect of any family’s estate plan but you will want to give a full consideration of all potential guardians before jumping into a decision.
Last year, we commissioned an independent study which showed that only 28% of Americans had a legal, up-to-date Will in place. Even if we took out the under 35’s from this survey, it showed that around two thirds of Americans did not have an up-to-date Will in place. The results clearly showed that most people don’t know when to write a Will, and that there is a common misconception that the best time to write one is later on in life.
When we looked specifically at under 35 year olds, nearly 90 percent of young American adults did not have an up-to-date Will in place!
Why are so many people woefully underprepared for their own death? Well, on a daily basis not many of us like to think about our inevitable demise. Frankly, Its just morbid and something that most of us don’t want to think about. Like going to the dentist or sitting an exam, there are some uncomfortable scenarios that we put off for as long as possible. Writing a Will should not be one of them, but it seems that the thought of going over your possessions and paying a lawyer is just too much effort for most people. Granted, writing a Will isn’t fun and when you’re young there are a million and one exciting things you would rather do but it’s really not such a long and laborious process as you might think. To help you see the benefits of having a Will we have outlined the reasons why you’re (almost) never too young to write one.
When to write a Will? Death comes to us all
You shouldn’t think of writing a Will as a once-in-a-lifetime activity. You do not have to wait for the perfect time when your family and financial situation has permanently settled down. We encourage everybody to write their Will today, and then update it throughout your life as your circumstances change. Continue reading →
Many people think the time to make a Will is when they’re old and two steps from the grave. That is not the case. Whenever anyone begins to acquire assets or income, they should think about a Will. On the personal side, whenever anyone becomes a parent, they need to anticipate that they may not survive until the child becomes an adult. It may be unlikely, but having a Will in place provides some insurance, and allows you to name guardians for children.
These are some of the main advantages of having a Will if you have children. If you have children, a Will is a must.
A guardian of is someone who takes the place of the parent and assumes the responsibility of raising the child until the child reaches the age of majority, typically 18 years of age. Raising the child means caring for their education, attending to all the child’s health issues, Continue reading →
How much should you be paying for a Will? Why should you pay anything when just a few clicks away, you can find a free Last Will and Testament service? How can the exact same document cost $800 from an attorney, and absolutely nothing from a website? how do you choose how much to pay for your Will?
All interesting questions which we will answer in this article.
What is a Will?
To understand the variation in the cost of a Will, you have to understand what makes a document a Last Will and Testament.
A Will declares itself to be your Will. It typically appoints an Executor who is responsible for following the instructions laid out in the document. It then goes on to describe how you would like to distribute your things after you are gone.
To make this a legal document you must print it on a piece of paper, date it, and sign it in the presence of two witnesses, who both in turn sign the document. Continue reading →
Blended families is a term that includes families for whom one or both partners have children from a previous marriage. In other words, your spouse may not be the biological parent of your children. Blended families have become increasingly common, especially as the divorce rate in many countries including the United States hovers around fifty percent. There are several nuances that emerge when you write a Will for a blended family situation.
Blended families have to balance bequests between children from previous marriages and the current marriage.
Put simply, if you leave everything to your spouse in your Will, and they are not the biological parent of your children, there is every chance that their life would move on. There is then a distinct possibility that your children may not even be a factor in their estate plan.