Sometimes estate planning can be inspiring:

How do we want to give voice to our values and beliefs in how we provide for our family and causes we may be passionate about after we die?  How do we want to make a difference?

Sometimes estate planning can just be downright tough:

Who would take care of our children if we died unexpectedly?

Families with minors may wish to consider completing their estate planning, because the question of who would care for your children if you died unexpectedly is likely an emotional question, not just for the two of  you, but for both sides of your family and maybe friends as well.

Under Wisconsin law, parents are empowered in their wills to nominate a guardian for the person and a guardian for the estate for minor children, as well as for adult children who are in need of guardianship due to developmental disability or serious and persistent mental illness.  Separate people can be nominated as guardian of the person and guardian of the estate or a nominated guardian(s) may serve in both roles.  Any nomination by a parent of a guardian for his or her child(ren) in a will is subject both to the rights of a surviving parent as well as to the court’s conclusion as to what is in the best interests of the child(ren).

There are a number of potential advantages that can come from addressing the guardianship of your child(ren) in your will.  You can reduce the risk of someone (potentially a family member) serving as guardian who you are less comfortable with, by either providing explicit direction as to who you would want to serve in this role, and/or by potentially expressing your wishes that a particular party not serve as guardian.  Potential (maybe well intentioned) fighting between the family chapters as to who would serve as guardian of the child(ren) can also possibly be avoided if both families understand your wishes.  If there are concerns that a court might not respect a choice for guardian as in the best interests of the child(ren), your rationale for appointing the party can be explained to the court and an alternate choice can also be identified.  If one party might serve well as guardian of the child (person) but not of the assets, separate guardianships can be created for both the child’s person as well as assets to be managed on behalf of the child.

If both of you were to die unexpectedly, your families and the courts would want to know what you would have desired.  You can let them know with thoughtful guardianship nominations in your respective wills.

[Legal advice not only involves an understanding of the law, but the application of the law to a particular set of circumstances or facts.  Blog posts are also imperfect tools to address the subtlety and exceptions of the law that may apply in your situation.  As a result, the information in this blog post does not represent legal advice.  If you are in a situation where you need or desire legal advice, we would be happy to help.  Call Paul at 608-358-9413 or complete the Contact Us form to set-up your no-charge initial consultation.]