[net.kids] wills

bjb@drutx.UUCP (BarnesBJ) (12/05/85)

This is a note to parents about a subject not usually 
discussed.

Our pediatrician asked us to consider preparing a will and
establishing a trust fund after the birth of our first child. 
It was during our second well-baby check that he brought it
up, and at first I was shocked!  I mean, the thought of me 
dying, or even worse, the thought of both parents dying, was 
the last thing on my mind.

After considering it, I was very grateful he had mentioned
it. I can think of many relatives who would bring me out of my 
grave if I knew they were going to raise my children.  If by
chance two relatives want the children, the courts decide who
gets them.

Also, setting up a trust fund insures that your child will have
funds to take care of him, but that the money won't be spent by 
your 18-year old to tour the world, donate the money to a
religious cult, or buy a Rolls Royce.  You can make any
stipulations to the trust you want to. 

I know this is not a very pleasent topic, but I certainly feel
better knowing I can determine a little of what would happen
to my children should the worst situation occur.

avolio@decuac.UUCP (Frederick M. Avolio) (12/05/85)

In article <772@drutx.UUCP>, bjb@drutx.UUCP (BarnesBJ) writes:
> Our pediatrician asked us to consider preparing a will and
> establishing a trust fund after the birth of our first child. 
> 
> After considering it, I was very grateful he had mentioned
> it. I can think of many relatives who would bring me out of my 
> grave if I knew they were going to raise my children.  If by
> 
> Also, setting up a trust fund insures that your child will have
> funds to take care of him, but that the money won't be spent by 
> your 18-year old to tour the world, donate the money to a
> religious cult, or buy a Rolls Royce.  You can make any
> stipulations to the trust you want to. 

Yes!  Yes!  And now-a-days it is so easy for most people to set up a
will. (Some drug stores around here have forms to fill in!) You will
have to decide about guardianship for children, name an executor, and
name a trustee (not necessarily the same people).  In other words,
someone to care for the kids, someone to handle the estate after you
are gone, to arrange things, etc., and someone to have control over
the money until the children are "of age." You can, in your will,
state when "of age" is and this can include something to insure that
no money, etc is split up until after the youngest child is out of
college, med school, etc.  You want the kids to have the same chance
for things like higher education that they would've had you lived.
(Sorry... hope no one is reading this before bed-time!)

And think hard about guardianship.  Sure you love your parents.  But
think about their age and the ages of your kids.  If you parents are
in their 60s or 70s, perhaps someone younger (needn't be a couple, by
the way) might be a better choice.

Aside from the children, even if they are older, if you die without a
will, the courts may decide what gets done with your estate.  You have
anything you want given to certain people?  The courts will sell
everything (perhaps) and split up cash.

Don't sue me if you die and things don't go as you had planned.  I am
not a lawyer.  And keep that will up to date!  Oh, yeah... have a nice
day



-- 
Fred @ DEC Ultrix Applications Center    {decvax,seismo,cbosgd}!decuac!avolio

smh@mhuxl.UUCP (henning) (12/07/85)

****                                                                 ****
From the keys of Steve Henning, AT&T Bell Labs, Reading, PA mhuxl!smh

> Our pediatrician asked us to consider preparing a will and
> establishing a trust fund after the birth of our first child. 
> It was during our second well-baby check that he brought it
> up, and at first I was shocked!  I mean, the thought of me 
> dying, or even worse, the thought of both parents dying, was 
> the last thing on my mind.
> Also, setting up a trust fund insures that your child will have
> funds to take care of him, but that the money won't be spent by 
> your 18-year old to tour the world, donate the money to a
> religious cult, or buy a Rolls Royce.  You can make any
> stipulations to the trust you want to. 

One thing that I think that is more important is naming guardians.
It is not terribly desirable to let a court decide the fate of
the surviving child and fights between next of kin do not always
provide the best transition for the child.  I know of several cases
where the persons named to be guardians were not kin, but friends
who were close to the family and had a better situation to accept
the child.

suze@terak.UUCP (Suzanne Barnett) (12/09/85)

> In article <772@drutx.UUCP>, bjb@drutx.UUCP (BarnesBJ) writes:
> > Our pediatrician asked us to consider preparing a will and
> > establishing a trust fund after the birth of our first child. 
> 
> And think hard about guardianship.  Sure you love your parents.  But
> think about their age and the ages of your kids.  If you parents are
> in their 60s or 70s, perhaps someone younger (needn't be a couple, by
> the way) might be a better choice.
> 
> Fred @ DEC Ultrix Applications Center    {decvax,seismo,cbosgd}!decuac!avolio

Another thing to consider in guardianship (which I wouldn't
have thought about except for a novel I read) is the location
of the guardian(s)'s home.

If it's in a different state and your will does not clearly specify
that it's okay with you for the child(ren) to move to that state,
there could be legal problems. I expect this varies from state to
state. A bit of research on probate and guardianship should solve
the problem.

If you know how the law reads, you can use it to enforce what
you wish done; if not, you may word things or not include some
phrase(s) that need to be included to ensure your wishes are carried
out.
-- 
Merry Christmas!

Suzanne Barnett-Scott
uucp:	 ...{decvax,ihnp4,noao,savax,seismo}!terak!suze
CalComp/Sanders Display Products Division
14151 N 76th Street, Scottsdale, AZ 85260
(602) 998-4800

dave@lsuc.UUCP (David Sherman) (12/09/85)

In article <356@mhuxl.UUCP> smh@mhuxl.UUCP (henning) writes:
>
>One thing that I think that is more important is naming guardians.
>It is not terribly desirable to let a court decide the fate of
>the surviving child and fights between next of kin do not always
>provide the best transition for the child.

Be warned that in at least some jurisdictions (including Ontario), it's
the child's best interests which are paramount. That means that a request
in your will or otherwise that person X be the guardian of your children
will not necessarily be honoured by the court which appoints guardians.
Your views will be considered strongly persuasive, though.

Dave Sherman (my field may be tax, but I still remember a bit of family law :-)
The Law Society of Upper Canada
Toronto
-- 
{  ihnp4!utzoo  pesnta  utcs  hcr  decvax!utcsri  }  !lsuc!dave

rs55611@ihuxk.UUCP (Robert E. Schleicher) (12/10/85)

Anyone interested in learning a little more about wills, trusts,
and estate planning might be interested in the fairly well-done
set of articles in the most recent issue of Money Magazine.

They pointed out that, despite the fact that anyone with children
should have a will, as well as many people without children,
only about 1 in 3 adult Americans has a will.


Bob Schleicher
ihuxk!rs55611