Family estate planning has special considerations. Families often need to take specific and direct steps to protect their spouse and children. While many individuals postpone estate planning until they are older doing so can often lead to disastrous consequences.
One important consideration when family estate planning is to nominate a guardian for minor children. A guardian is a person who will take over raising a child if both parents are unable to care for the children. He or she must usually be appointed by a court and the nomination is typically part of a will. The guardian will have legal authority to make decisions about the children, such as what type of medical treatment they receive, where they go to school and where they live. If a guardian is not named, then the court has to appointment someone without the benefit of knowing the parent’s preferences.
Minor children cannot directly inherit property. As such, many young couples create trusts that direct how remaining assets will be used for the benefit of their spouse and children. Another important consideration is appointing a trustee. Some spouses choose the surviving spouse. Others may choose someone who is particularly good at handling money or who the parent believes will follow the instructions of the trust. If a person is not specifically named to manage your children’s inheritance, then the court may have to appoint someone to complete this task.