Young Professionals: Guardians for your children

2.         Name a Guardian for your children (even if they are not born yet).

If you have children, you already know it is incredibly important for you to name an individual who will raise your children if you are no longer around. If you are married, your spouse (especially if she is the birth parent of your children) will almost certainly take on that role. However; what should happen in the event that both of you die at the same time? Who will care for your children then?

Most couples at some point or another probably have these conversations with loved ones and assume that the chosen person will just “take care of it”. However; the stark reality is that many times this is not the case. Typically, in absence of a written agreement otherwise, a court will appoint a guardian. As with many things in the law, the process may not always be quick, especially if there are two sets of loving in-laws that both would like responsibility for the children.

By naming a guardian in a valid will, you can ensure that your wishes will be honored. Talking about who will care for your children is much different than doing what the law says is required to accomplish your wishes. A Will can be drafted for a reasonable fee.