K.I.S.S. the Kids

FREQUENTLY ASKED QUESTIONS

 

Below are several FAQs we have seen from parents of minor children over the years.  Keep in mind that you will be able to ask questions at the free K.I.S.S. the Kids Workshop and during your free consultation, but these may give you some guidance, as well.

 

1. Do both parents need to sign the documents?

 

Yes, there needs to be a set of documents for both parents.  Other than a trust, both parents may not sign the same legal documents.  It is always best if the parents agree on a guardian and the alternates, so that it is clear who has priority.  If both parents are taken or severely injured in the same accident, the court will have clear direction.

 

If you are not on good terms with the child’s other parent, we will just prepare a set of documents for you, alone.  You are under no obligation to mention it to the other parent if doing so will just create more discord.  Chances are the other parent has done nothing, so it will be your wishes that stand should something happen to both of you.

 

2.    Do I need to name my spouse or the child’s other parent as my first choice for guardian?

 

No.  Your child’s other parent has a legal priority over anyone else and will be their guardian unless there are extreme circumstances.  The people you name will act as guardian only if neither parent is available to do so.

 

3.    I have named my children in the will and trust, do I have to get a new will and amend my trust if I have another child?

 

No.  You will notice that both the will and the trust state that they are valid for any children born after they are signed.  Even for purposes of Guardianship, after-born children are automatically included.  Keep in mind, however, that when giving instructions to your long- and short-term guardians and the people who may be making medical decisions for the children, to include items specifically related to each child.

 

4.    How do I name short-term (temporary) guardians?

 

In Nevada, these guardians may be named with the proper documentation.  You will receive the document as part of your package.  It will require the signature of the person you have named as the temporary guardian in order to be valid, which should be notarized.  Your temporary guardian should have the documentation with them in case it is ever necessary to produce it for the police.  Be sure to give them specific instructions regarding the children such as allergies, likes and dislikes, bedtime routines, and the like.  They should also have your cell phone, work and home phone numbers.  In your wallet should be a card with their phone numbers, so if anything should happen to you, the first responders can call them and alert them to pick up the children.

 

5.    How do I make sure specific people would never be able to take guardianship of my children?

 

To be absolutely sure, the will must specifically state that preference.  Having that in the will is a great way to be sure your children do not end up in a place you would rather that they not go.  Remember, the will is completely private until you are deceased unless you share it.  I recommend that the will naming the permanent guardians not be shared with anyone else.  Let the Personal Representative and the Guardian know where to find it in the event it is ever needed, but otherwise keep it confidential.  The same is true of your living trust. 

 

6.    If I change my mind about who should be the children’s guardian, can I just change it with pen and ink and initial?

 

No, that will almost guarantee unnecessary legal action!  Wills and any codicil (amendment) have certain legal formalities, which, if they are not followed may result in having a court decide what your true intent might have been.  Your true intent will never actually be known, so it will be replaced by the court’s judgment after listening to a couple of talented, persuasive lawyers who are charging for every minute of their time.  Take the documents back to your lawyer and have them either amended or re-done as appropriate.  I have found that it is easier and less expensive to just re-do a will, but usually we will just amend a trust.  If the changes are extensive, or if there have been three or four amendments, it is probably time to restate the trust, as well.

 

7.    I have always heard that a will is enough, you say it is not.  Why is that?

 

It is true that you must have a will in order to appoint a permanent guardian, but a will is not enough. Here are the things a typical will does not do:

 

a.  A typical will does not name immediate, local guardians to stay with your children until the permanent guardians can be appointed by a court.

 

b.  A typical will does not give instructions to anyone about the values, insights, stories and experiences you want to leave for your kids.

c.  A typical will does not provide direction for what happens to the children if you are temporarily incapacitated or unable to communicate.

 

1.  
   1. A typical will must go through death probate, a time consuming process that is expensive and locks up the assets from the people who will be taking care of the children.

d.  In most cases, the will is in your safe deposit box or in some other “safe” place where no one knows how to immediately access it.

 

8.    You prefer a Family Wealth Trust, isn’t that just another name for a revocable living trust?

 

It is a living trust, but not a typical living trust.  A typical living trust is concerned about avoiding probate and that is about it.  Some will address preserving the estate tax exclusion for a deceased spouse, but few address how to properly manage the assets when they go to the children.  The distribution should not occur at the age of majority (the “legal age” – 18 in most states).  The assets should be held in trust and available for their education and other appropriate needs, but distribution should be much later.

 

When the distribution does take place, a Family Wealth Trust allows for it to happen in a way that it is afforded much greater respect and appreciation.  Too many children who have lost parents have access to too much too early, which results in delayed maturity at best.  In our seminar booklet you will be able to review the advantages of the several types of trusts available to preserve the estate and protect the children.

 

9.    What is a Babysitter Kit?

 

The Babysitter Kit is a deep red envelope with a bright yellow label that says “EMERGENCY.”  It contains the laminated card with your cell phone numbers, the numbers of the people who will be acting as temporary guardians and permanent guardians for your children.  It will also contain your children’s DocuBank cards.  It has a refrigerator magnet attached, so it can be placed in a prominent place in the home that the caregiver can immediately know who to call in the event of an emergency whether at home or to you while you are away.

 

Related Topics include:

 

Kids Inheritance

Children inheritance

Children guardianship

Guardianship

Children in probate

Orphan protection

Children legal protection

Child power of attorney

Child health authorization

Parents’ legal protection

Parent power of attorney

Parent legal document

Child foster care

Naming guardian

Child will

Child trust

Minor inheritance

Minor guardianship

Minor protection

Minor power of attorney

Minor health authorization

Minor legal protection

Minor legal documents

Minor will

Minor trust

Avoid foster care