I recently enjoyed dinner with close friends. They were introducing me and their extended families, to the newest addition, a beautiful baby girl – their second.
During a lull in the conversation, the mom began asking me questions about our law firm and expressed a genuine interest in meeting with Attorney Streeter. I assured her that Debbie was as great a person as she is an attorney, but asked what the sudden interest was all about. It became clear the answer was right in front of me – nearby the baby was being held by her uncle; the toddler pulled on dad’s pant leg.
It was during this conversation with the mom that I realized just how important it is for married people, specifically married people with children to have at a bare minimum, a well drafted Will, if not a complete estate plan.
The conversation that we shared was as to whom would be the baby’s godparents or guardians should anything happen to mom and dad. That is when it hit me. The sad fact is that without a Will, we do not get to choose our children’s godparents or guardians. We can bestow the honorary title onto Uncle Chris and make him feel like a million bucks. But should anything ever really happen to mom and dad it will be the state who decides who raises the children. If the grandparents are alive, there is a great chance that Uncle Chris will be denied.
Of course, here is another possible conundrum. For argument sake, let’s say both sets of grandparents are alive and happily married. Whose parent’s would get custody, mine or my wife’s?
And it doesn’t end there. What if both parents had siblings … But I digress. For the purpose of simplicity, let us say both parents have passed away – the grandparents on both sides have also passed. Furthermore, your spouse doesn’t have any siblings. You on the other hand have two. One is responsible, middle class, single, fun to be around and loves your children. The other is irresponsible, upper middle class, married, doesn’t share your values, and hasn’t spoken to you in fifteen years… Now there isn’t a guarantee as to where the children will end up, but isn’t that what we want – a guarantee?
As a parent, the odds are good that either you, your spouse, or the both of you are going to live long enough to see your children blossom into adulthood, but a little insurance never hurt anyone. Besides, if you think being chosen as godparents is going to make Uncle Chris feel like a million bucks, imagine how invaluable he will feel knowing that it is all legal.
