Most tend to think of Estate Planning Lawyer Chicago as nothing more than a means to distribute assets after death. While it's certainly helpful in avoiding the probate process, there are far more serious implications for those with children. Estate planning can help ensure that, in the event of an early death, your children end up with the guardian of your choice.
Illinois Estate Planning and Guardianship
Without a Last Will and Testament the guardianship of your children will be determined by a judge. This judge does not know you, your wishes, your family, or what's truly in their best interest. Instead, he or she will rely on a government-dictated formula to determine who is best suited to care for them. If that person turns out to be someone you would never have chosen to care for your children, then that's too bad. That's just the way the law works.
With Chicago Estate Planning Attorneys, though, you can be certain that your wishes as to the guardianship of your children are clearly spelled out. Don't just dictate who should care for your children, though. Detail exactly why you've chosen this person.
Why It Is So Important to Explain Why You've Chosen This Guardian
Even with a Last Will and Testament, there is still a chance that a custody battle will ensue after your death, especially if any of your children have a surviving natural parent. With proper estate planning in Illinois, you will detail exactly what makes your chosen guardian perfectly suited for the role.
Without these details, the judge will have a far more difficult time deciding who should actually receive custody of the children. This can result in a long, drawn-out process, during which your children may be placed under the state's care. While it's unlikely for these custody battles to take place if neither natural parent is still living, it is always possible.
Imagine, for a moment, that you've chosen your parents as guardians for your children. They are, of course, getting a bit older, and it may be a bit more difficult for them to care for young children. You have chosen them, though, because you feel strongly that they agree with your moral perspective and will raise your children in the same way that you would have.
Your sister, on the other hand, feels that she is the better candidate. She does everything she can to show that your parents are not actually capable of raising young children and claims that she should be the one to receive guardianship. The judge would have a far more difficult time making a decision without the details spelled out in your Last Will and Testament, and there's a chance your children would end up under your sister's guardianship, instead.
Thankfully, with proper Illinois estate planning, these things are far less likely to happen.
Without a Last Will and Testament the guardianship of your children will be determined by a judge. This judge does not know you, your wishes, your family, or what's truly in their best interest. Instead, he or she will rely on a government-dictated formula to determine who is best suited to care for them. If that person turns out to be someone you would never have chosen to care for your children, then that's too bad. That's just the way the law works.
With Chicago Estate Planning Attorneys, though, you can be certain that your wishes as to the guardianship of your children are clearly spelled out. Don't just dictate who should care for your children, though. Detail exactly why you've chosen this person.
Why It Is So Important to Explain Why You've Chosen This Guardian
Even with a Last Will and Testament, there is still a chance that a custody battle will ensue after your death, especially if any of your children have a surviving natural parent. With proper estate planning in Illinois, you will detail exactly what makes your chosen guardian perfectly suited for the role.
Without these details, the judge will have a far more difficult time deciding who should actually receive custody of the children. This can result in a long, drawn-out process, during which your children may be placed under the state's care. While it's unlikely for these custody battles to take place if neither natural parent is still living, it is always possible.
Imagine, for a moment, that you've chosen your parents as guardians for your children. They are, of course, getting a bit older, and it may be a bit more difficult for them to care for young children. You have chosen them, though, because you feel strongly that they agree with your moral perspective and will raise your children in the same way that you would have.
Your sister, on the other hand, feels that she is the better candidate. She does everything she can to show that your parents are not actually capable of raising young children and claims that she should be the one to receive guardianship. The judge would have a far more difficult time making a decision without the details spelled out in your Last Will and Testament, and there's a chance your children would end up under your sister's guardianship, instead.
Thankfully, with proper Illinois estate planning, these things are far less likely to happen.
