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The Importance of Having a Will for Parents with Minor Children

Parents with Minor Children Need Wills

Why Parents with Minor Children Need Wills

Without a Will, the State Decides What Happens to Your Kids

If you have children under the age of 18, you and your spouse need to have a will.  A will is the only way for the two of you to determine who should care for your children in the event you both pass.  Otherwise, the State decides.

The Common Delay in Estate Planning

A lot of people with young children put off writing a will.  You and your spouse may still be relatively young, with end-of-life considerations a long way off.  Saving for college or paying for childcare are often much more pressing concerns for parents of young children.

The Need for Preparedness

But life happens.  Couples die in car accidents or house fires.  Sometimes parents die within a few years of each other.  It may not happen all the time, but it happens enough that you need to plan for the possibility.

State Decisions Without a Will

If both parents die without a will, the decision of who cares for your kids will be in the hands of your local social services department and a judge who never met you.  They will do their best, but that’s different than doing what is best.  

Considering the Alternatives – Parents with Minor Children Need Wills

The reality is that these are the same parties who manage the foster care system.  Is that a system you think always gets it right?  Then don’t leave the determination of who takes care of your children to it.  

Legal Validity of Informal Designations

No one knows better than you which of your loved ones should care for your children if something happens to you and your spouse.  Informal designations of something like godparents may have the approval of your church but they don’t mean anything legally.  You and your spouse both need a will to make sure your kids end up with whom you think is best if you both pass.

A Will as Insurance for Minor Children

A will is an insurance.  You may never need to make an insurance claim, but should the need arise, you’re relieved to have it.  While you’ll likely live to see all your children reach their 18th birthday, a will is the only way to ensure your children are taken care of by the right person if life has other plans.

The Importance of Legal Expertise

But it’s important to work with a lawyer to draft your will.  When it comes to who should care for your children in the event of a tragedy, you don’t want to accidentally have a will that’s invalid because of some legal technicality.

Consulting with a Lawyer as a Parent with Minor Children

Work with a lawyer to make sure your will is done right, and to make sure you make decisions about your children instead of the State.

Email Roberto Alejandro at to schedule a consultation today.

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Why Wait?

If you don’t create a will and testament, the government already has. Don’t let them decide what happens with your legacy.