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Estate planning for minor children provides important protections

On Behalf of | Oct 2, 2018 | Estate Planning

Parents of minor children in Florida will benefit by consulting with an estate planning attorney to determine the best measure of protection for the children in the event of unforeseen circumstances. Estate planning for minor children is very important for several reasons. The parents can each include a provision designating who will serve as guardian of the children if both parents are deceased. Thankfully, this happens rarely, but it is best to prepare so that the children are not put through additional stress and uncertainty in the event of a crisis.

The appointment of a personal guardian for the children is a decision that must be given serious thought and consideration. Choosing the right person for the job may not be as easy as it seems. Thus, the closest relative is not always the best selection. It may be that someone else would be more ideally suited due to experience and that special kind of caring and sense of responsibility that the person has for children. For example, an uncle who is still sowing his wild oats would likely be a poor choice.

Remember that a choice of guardian in a will may be challenged by another relative who feels that he or she is more qualified or who does not like the parenting practices of the person chosen. Child custody is always a changeable status. This makes it all the more important to choose a person who fits all the specifications for parenthood under the circumstances.

The financial security of the children must also be planned out as a part of an estate plan that is compliant with Florida law. The trustee of the money may logically be the same person as the physical guardian but that is not always preferred. Indeed, it may in some case be best to have an independent person controlling the money to avoid abuses that could occur if everything is under the control of one person. The best way to steer a proper course for this purpose is to work in cooperation with an experienced estate planning attorney.