You can express your desire in the form of a Last Will and Testament. It is ultimately up to the Court to decide what is in the best interests of your children at that time, however, your expression of who you want will be given great weight. Seek legal help to draft the document.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual... more
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505
You need to address this issue in your Will. One very important reason to have a Will prepared is to designate who you would want to take guardianship of your children and what is to happen to assets they may inherit. When I prepare a Will there is a section which deals with who is to get the children and how the assets they inherit are to be given to them. The Court will almost always follow your stated wishes. If such a designation and trust is not set up in the Will, then if something were to happen to the two of you, the Court would decide who should take control of the children and a guardianship of the property would have to be opened. There are often instances when the best care givers are not financially responsible to oversee the children's inheritance but without your input within a Will the Court would not have that information. Additionally, without a trust set up in the Will the children would receive all proceeds that they inherit when they turn 18 and not responsible enough to have that kind of money. Most of the time the trust is set up to allow a Trustee to pay, from the inheritance, monies for the children's schooling, medical needs and other worthy causes and then has a complete payout when they are a little older. You need to have a Will prepared that encompasses the issues of both their care and their inheritance.
This answer does not constitute legal advice and does not create an attorney client relationship. The answer is... more
This answer does not constitute legal advice and does not create an attorney client relationship. The answer is for information purposes only and is based on the limited information you provided. If you would like to discuss your Florida legal matter further please call my office at (904)353-0033 x 14.
Yes there is estate planning that you can do to protect your children in the event that both spouse's die with minor children. You will want to have an estate planning attorney prepare a Will for both you and your husband at a minimum. In the Will you can name the guardians for your children in the event both parents are gone. You will also want the attorney to prepare a Designation of Pre-Need Guardian for Children. I have written an article on Estate Planning for Families with Minor Children and it might give you some insight in to the types of planning you need to do when there are minor kids involved. If you would like a copy please feel free to email me at email@example.com and I am happy to send it to you.
In Florida, Florida Statute 744.3046 allows both parents to name a pre need guardian for minor children. This document should be filed with the court in the jurisdiction where you live. This can be done immediately and should not be done in a Will. You could appoint a conservator or trustee for your children in a Will, but the correct way to nominate a guardian is by following the statute that I cited above. You may need to consult an estate plannng attorney to have the declaration prepared properly.