Wills and trusts are two of the most commonly used estate planning documents. Both documents are legal vehicles designed to distribute your assets to your loved ones upon your death, but the way in which they work is quite different. To know the best way to determine whether or not your estate plan should include a will, living trust, or some combination of the two, meet a Personal Family Lawyer for a Family Wealth Planning Session.
Estate planning is an obvious concern for all parents, especially when having a child with special needs. It's important that you are aware of the unique considerations to go into planning and understand the necessary things you need to provide to your child - emotionally, physically, and financially, especially in the event of your eventual death or incapacity. But the first and most critical decision you need to make is to ensure your child's future well-being by appointing legal guardians.
Should you become incapacitated without any planning in place, your family should apply to the court for guardianship. In most cases, the court appoints a family member as guardian, but this isn't always the case. If you have no living family members, or those you do have are unwilling to serve or deemed unsuitable by the court, a professional guardian would be appointed. Here's how you can protect yourself in the event of your incapacity using proactive estate planning.
The Netflix movie I Care a Lot provides a dark, violent, and somewhat comedic take on the real-life and not-at-all funny dangers of the legal (and sometimes corrupt) guardianship system. This two-part series discusses how the movie depicts such abuses, how this can happen in real life, and what you can do to prevent something similar from happening to you or your loved ones using proactive estate planning and our Family Wealth Planning process. Learn more here!