Estate Planning Essentials for Parents

Serving New Braunfels, San Marcos, and Seguin with Exceptional Estate and Business Planning

By Beverly Davidek

Jun 25

A comprehensive estate plan can protect the things that matter most. For many, this means their property and their family.

Including provisions for the care of your children in your estate plan is essential for peace of mind. But many parents struggle with including such provisions as naming a legal guardian for their child in their plan. Indeed, even the fictional parents in the popular television sitcom Modern Family struggled with this issue in an episode. While Jay and his new and much younger wife Gloria agonized and argued about who they should name as a legal guardian for their children, their children were left at risk. If something had happened to Jay and Gloria before they decided and properly named guardians in a legal document, a judge would have made the decision for them. Not ideal, under any circumstances.

When naming a legal guardian for your minor children, there are many factors to consider, such as whether the guardian has similar values to yours or can provide a welcoming home environment. But the toughest decisions are often the most important. Consider the outcome if you died without having legal protections for your children in place. Your children could be subject to conflict between relatives or they could be raised by someone you would never want, or in a way you wouldn’t want.  They could even temporarily be taken into the care of strangers.

Identifying and naming a legal guardian for your children in your estate plan is a difficult and important task. Don’t put off naming a legal guardian for your child. While thinking about what will happen to your child if you die is difficult even for fictional parents, your kids deserve the protection; and you deserve the peace of mind that properly naming a legal guardian can provide.

Unfortunately, even if you have made the hard decisions and worked with a lawyer to name legal guardians in a Will, your kids could still be at risk because that would not take into account what happens if you become incapacitated or, if your named guardians all live far from your home, it wouldn’t protect against anyone who may challenge your decisions. The only way to ensure that your kids are raised by the people you want, in the way you want, are never taken into the care of strangers (even temporarily) and would never be raised by anyone you wouldn’t want, is by creating a comprehensive Kids Protection Plan®, which only a select few lawyers, like me, are trained to prepare.

If you are ready to take that step, start by sitting down with me. I can walk you step by step through creating a comprehensive Kids Protection Plan® that not only names a legal guardian for your child in your Will, but also ensures your kids’ care is fully provided for, in the short-term and the long-term, and in the event of your incapacity.

Working with me will ensure your entire family is protected and cared for no matter what.

This article is a service of Beverly R. Davidek. I don’t just draft documents; I ensure that families and business owners make informed and empowered decisions about life and death, for themselves and the people they love.