Like you, I have children under the age of 18.  You probably concerned with what would happen if you and your spouse die at the same time. What would happen to your children if there is a terrible car accident? If you are a single parent and the other parent is dead or cannot be found, you may also worry about what would happen to you children if you were to die.

If you die intestate, or without a will, the court will appoint a \“personal guardian\” if there are no parents who can be responsible for your children\‘s care. If you have a will, you can appoint a person be your child\‘s personal guardian and also a successor guardian who would be responsible as a backup guardian.

The court has final authority to appoint a legal guardian for your children even if you name a guardian in your will. Generally, the  court will consent to your wishes if it is not opposed by anyone unless there are reasons to do so.  For example, if the guardian you appoint is a registered child offender or a drug addict.

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A will is one of the basic documents that you will need for your estate planning. If you die without a will, New York State Intestacy laws will dictate the how your estate shall be distributed in addition to the method of making such a distribution.   This can have dramatic consequences.

A will allows you to make decisions on distributing your property following death. With a will you can:

• Name your beneficiaries, who will receive your property.
• Appoint a personal guardian to raise your minor children.
• Establish trusts, such as a child\‘s trust.
• Name an Executor.

The Executor

The Executor is the person who you decide to administer your estate and carry out the terms of the will. The Executor:

• Decides whether your estate needs to do through probate.
• Probates the will if necessary.
• For the year following death, takes care of all your property.
• Distributes all of your property.
• Pays all taxes.
• Is responsible for the accounting of the estate.

Why a Will is Important for Estate Planning

Even if you decide to distribute most of your estate through other vehicles, such establishing a living trust, it is still important to have a will. Why?

• If you acquire property shortly before death and fail to make changes to other portions of your estate plan, if you have will,  the beneficiary you choose will inherit the asset.
• Name someone to take care of your children under the age of 18.

You may need only a will if:

• You own only a small amount of  property.
• Your sole concern is to provide for your minor children.

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