Are You Prepared?

It is not about the money. It is about your children’s welfare.

By kathryn Page Camp

pROBATE LAWYERS CLAiM that at least two-thirds of Americans do not have a will.¹ Information on the number of parents without wills is harder to come by, so I did my own informal poll of 10 college-educated, middle-class ^{couples with} young children and discov- Two-thirds ered that eight (80 percent) _{did not have one.} of Americans

A will allows you to do not have choose who will take care of your minor children a will. ^{after you die. Without} one, the courts will pick a Do you? guardian to be responsible for your children’s health, education, and spiritual upbringing. And the judge may not share your values. He could pick the relative with the bigger house rather than the one who is a Christian.

I do not recommend relying on will-writing software, although it is better than nothing. But it cannot understand your needs the way a lawyer can, and some programs are not updated quickly when the law changes. State law says what a will means and what you have to do to make sure it is valid, so you need someone who understands the law where you live. A lawyer also can help you decide what other documents you need. (See “Legal Documents” for a list.)

So how do you find a lawyer? Referrals from friends are usually the best source. Your local bar association is another option. (See “Finding Help.”)

If you are like most parents, the attorney’s fees will be less than your annual house insurance premium. And the protection lasts longer. Isn’t your children’s welfare worth it? 

¹Bill Judge & Associates, www.legacyalive.com/pages/estate.html.

© Getty Images

Legal Documents

• will — A formal written document that provides instructions for distributing your property and taking care of your minor children after your death

• Trust — A written document specifying how property covered by the trust can be used and when it goes to your children (or other beneficiaries). A trust can be included in a will or set up separately (such as a living trust).

• Living Trust — A trust that is effective while you are living as well as after your death

• Power of Attorney — Gives an individual of your choice the power to make personal and financial decisions for you while you are still alive in case you are unable to do so.

• Living will — Tells the doctors what you want them to do and appoints an individual to make life-and-death decisions about your medical care if you are unable to do so.

finding Help For more in-depth information, visit the American Bar Association’s Web site at www.abanet.org/rppt/ public/ home.html. State and local bar associations may also provide information on estate planning, and many have referral services to help you find a lawyer. To locate a bar association near you, visit www.abanet.org/barserv/stlobar.html and click on your state.

kathryn Page Camp is an attorney and the author of In God We Trust: How the Supreme Court’s First Amendment Decisions Affect Organized Religion from Faith Walk Publishing. Kathryn and her husband live in Northwest Indiana and have two children.

MARCH 2008 PARENTLIFE 31