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Parents of Minors Should Plan for the Worst in Terms of Estate Planning

If you’re undertaking creating an estate plan (ideally with the assistance of a legal professional), you should plan for the worst-case scenario, i.e., plan for the situation in which you and your spouse both pass away or become unable to care for your child(ren).

Although the chances of both of a child’s parents dying or becoming incapacitated may be slim, consider the situation of Dana and Christopher Reeve – or the case of a couple being killed in a plane or automobile crash. These tragedies can and do occur.

If you have minor children, one of your most important decisions is whom to name as guardian of your child. In most states, a guardian can only be designated through a will.

The other essential decision relates to how your assets will be passed to your child should you die. If you don’t have an estate plan, your assets will be administered by a court-appointed guardian until your child reaches a specified age (usually 18). At 18, maybe your child will not be capable of making wise financial decisions. A well-crafted estate plan can be of tremendous value in this situation as a trustee can manage finances based on your wishes.

Source: Houston Chronicle, 3-27-06

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