WHY YOU NEED A WILL April 29, 2009

As a real estate attorney I often am faced with selling property owned by the estates of deceased clients.  While real estate can often be sold without the necessity of probating a will it is always easier when a will is involved as it answers many of the questions asked by the heirs.  This is also the case if the property is not going to direct relatives (children/spouse) in equal shares so for anyone who owns property making a will is a must.  I remind all my clients that making a will can save your loved ones thousands of dollars and hours of anxiety by giving concrete directions on how your property is to be distributed but a more pressing issue for parents of minor children is who would raise your child in the event of your death.  We recently settled an ongoing custody case which was caused by the failure of young parents to make a will.

JOCELYN H was an only child who was the apple of her parents’ eyes.  I met Jocelyn when I helped her parents sell their Manhattan coop and buy a nice house with a yard for Jocelyn to play in.  College educated and well off her parents set up life insurance and bank accounts to provide for her college needs.   I met her when her parents left their Manhattan coop to find a nice house with a yard for Jocelyn to play in.  Jocelyn’s life came apart when her parents were killed and her grandparents could not agree on who should have primary custody of the little girl. 

The grandparents relationship became so strained that they could not agree on custody or how Jocelyn’s inheritance should be invested.  The arguments got more personal and the focus was no longer on what was best for Jocelyn.  Finally after several years the custody decision was made by a law guardian leaving both sides unhappy.   

If they made a simple will Jocelyn’s parents could have avoided this terrible situation.  Like most young couples they never envisioned that they could die and would need a will.  They thought they had planned for their daughter by ensuring they had made arrangements for her financial needs but made a critical error in failing to make a will they failed to give direction on who they wanted to raise their daughter.  Wills are critically important for families with minor children as they designate who will raise your children and manage their money if you pass away.  Making these decisions may be difficult but it is always better for you to make the decision for your children. You are the best person to make spouse and make the decisions on whom you trust with your children’s welfare.  It may be difficult and cause some heated discussions but it is always better to make the choice yourself rather than leaving it for a court.
 
Things you may want to consider when selecting a guardian
1) Health and age of your children and the guardian
2) Will your children have to relocate and can they stay together
3)  A single guardian or a couple with children

Being a parent means making difficult choices for your children, discuss this important matter with your spouse and make a will.  Hopefully your children will never need a guardian but it’s always better to be prepared rather than having this most important decision made by someone else.

Steven Decker is a New York Personal Injury attorney specializing in New York real estate law , New York business law, and New York franchise law. You can visit his Law Firm Decker, Decker, Dito and Internicola website by clicking here, download his FREE New York Car Insurance book, or call him at 718-979-4300 or 1-800-310-5520 for a free case analysis.

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