Having a will alone does not guarantee the protection of your children in the worst-case scenario. If you are a parent whose children depend on you, it is essential that your estate plan ensures they will always be cared for by the people you choose and in the manner you desire.

While most estate planning attorneys may not prioritize a parent’s perspective, we at Cross Estate Planning Law specialize in planning for the well-being and care of children.

What are the risks of not planning ahead?

Should the unthinkable happen to you, and you haven’t planned for the care of your children, the consequences could include:

• Your children could be temporarily placed in the care of Child Protective Services, even if you have a will and/or living trust in place.
• A judge who doesn’t know you or your family will decide who gets to raise your kids; the designated guardian might be someone you would never want.
• Your family could get involved in a drawn-out custody fight or there could be a challenge to the designated guardians.
• Up to 5% of the value of your assets could be lost to court costs and other unnecessary fees through the probate process.
• When your kids turn 18, they get a check for whatever assets are left; there are unscrupulous people who search public records to find out when 18-year-olds receive that check.

How do I safeguard the care of my children if I am not there?

In addition to instructions and legal documents, we will provide resources that, in an emergency, will ensure the smooth transition of your children into the loving hands of those you specifically want to care for them. Because the first responders will have clear instructions, you will avoid having your children placed in the custody of Child Protective Services or in the care of anyone you wouldn’t want. Your specific plan will ensure your children are nurtured by people you choose, not someone chosen by a judge who doesn’t know you.

To get started, call us at 650-503-3078 or email us.