
First, who would take care of your children if you passed away or were incapacitated? You likely have strong feelings about who you would trust with this important responsibility, and want to make this choice rather than having a judge make the choice for you. You know better than anyone your children's personalities and family dynamics, and should specify a guardian as part of your estate plan.
Not only do you want to specify who will take care of your children, but you should specify who will manage your assets on their behalf. This could be the same person or a different entity. You may wish to establish a trust that will be managed for the benefit of your children until they are older.
An estate plan also allows you to specify how your assets should be divided between your children. The law may specify that assets should be divided equally, but you may have a child with special needs who will require additional resources or long-term care.
Estate planning will also allow you to specify when your assets will be distributed. You may not want your children to have access to all of your assets at once, but may wish to set aside money to be used for college expenses or the down payment on a first home.
The lack of an estate plan leaves these important decisions up to chance and the will of a judge, and may force your estate to go through probate court – an expensive and difficult process with an uncertain outcome. Contact Kali Yost Law, Estate Planning Attorney Portland, to make sure your minor children will be provided for and protected.
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