Is your child protected if you were not here?
No parent on the planet wants to think about it, and it’s part of my job to talk about it, plan for it, and make sure that we San Diego parents are prepared…
Are your children protected and provided for if something were to happen to you?
I just received a phone call this week from a family member whose sister had passed away and her niece was now living with her.
Unfortunately, she did not have any formal legal documentation naming her as the guardian.
You don’t want this to happen to you.
You want to have a plan in place, and know that your precious child or children will be cared for by whom you want in the way you want, if anything ever happened.
Fortunately, in San Diego the courts have a lot of resources to help people found in this situation but you still have to go through the court process.
It is ok as long as no family member is going to contest the guardianship. When you file a petition for guardianship you are required to serve all family members with notice of the petition and the proceedings.
There are many stories in the news about families that have begun long, protracted, expensive court battles to win guardianship over children.
And, what about the assets? If the assets have to go through probate court then you are looking at 1-2 years minimum, estimated 5% of the value of the probate estate (which includes the fair market value of any real property, life insurance payable to a minor, and all other assets), plus the public disclosure of all filings and documents.
Not a happy thing.
But, the good news is that with a little planning and care you can make sure that your legal house is in order, and you have your child’s guardianship and kids protection plan in place along with a living trust and other key planning documents in place so that if something were to happen, your child and your loved ones would have an easy time of maneuvering a difficult situation.
That’s why we plan, for our love and care and responsibility for those we love — because it is so much easier for us to take care of planning now, then it will be for others to take care of it after we are gone.
If you are in need of guardianship for your child, a trust, will or other estate planning documents and you are in San Diego County, I would be happy to assist.
Give Sarah, my client services director, a call at 858-461-6844.
We hope to care for your family soon.
Create a legacy that lasts,
Kristina Hess
Personal Family Lawyer in beautiful San Diego, CA