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Writing A Will


Do I need a will?
Will requirements
What is Probate?
Naming Guardians
Naming an Executor
Free Living Wills
Famous Wills




Free living Wills: Naming Guardians

 
A will provides parents with a sense of peace of mind. This is because the will allows them to know who is going to care and provide for their minor children in case something should happen to them. By naming a guardian in your will, you will be ensured that you can choose who will assume this important role instead of allowing the courts to do this for you.

The guardian that you name in your will is the person who will become responsible for caring for your child's physical, health, educational and well-being until they become 18-years-old. If your child's other parent survives you, then most of the time it will be that parent who will assume guardianship without you needing to take any special action. However, it is important to take into consideration that your spouse will not be able to be the guardian.

Whomever you choose to be your child's legal guardian will provide your child with all of their basic needs: food, clothing, shelter, health care and education until they become legal adults at the age of 18-years-old. For this reason you will want to make sure that this person has good parenting skills and that their values are similar to your own. This is why family members and close friends make good options. You should also know that you can name co-guardians but this may lead to custody problems if the co-guardians should get a divorce in the future.

You need to understand that the trustee is not responsible for meeting your child's financial needs with their own money. Instead, a trustee will handle those arrangements with money that has been provided by the estate and dedicated to this purpose. (This could also be handled by the executor of your will.) You should also know that the guardian whom you choose is not going to be paid for their services.

In conclusion, parents of minor children are able to name guardians for their children in their will. This is actually one of the most important functions of your will. Make sure though that you are completely confident with the person whom you choose and that they are willing to take on this responsibility just in case the need should actually arise.


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