June 2012 Moms

Estate Planning

Have you guys thought about it since becoming pregnant?

DH and I have talked about it, and we called our attorney.  They sent us a preliminary packet of information, and I'm so overwhelmed with it already.  All we want to do at this point is appoint a guardian if something were to happen to either of us.

Is there an easy way to do this without having to go so in depth into a will or trust at this point?  I just don't think I have the energy for that right now.

IAmPregnant Ticker

Re: Estate Planning

  • You can do this on-line very easily. Legalzoom.com it's just a couple hundred bucks and they walk you through the whole thing.
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  • You need to understand your state laws.  For example in Maryland the person you appoint as guardian is not legally binding meaning if for example your mom is mad you choose your friend she could fight in court to have your child given to her if this were to happen the will and trust is very important.  DH, an attorney, said in most cases the judge upholds the parent?s wishes but it can make for a messy court battle.  With that being said, you want to make sure the trust etc? is secured and if you live in a state like Maryland everyone is on board with who you choose.

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  • My husband and I just went to a notary public...she laid everything out for us and took us through the paperwork.  Ended up being about 45 minutes in her office.  Good Luck!


     

  • If all you want to do is make sure a guardian/conservator is appointed for your child in case something happens to you and your husband, tell your attorney you are feeling a bit overwhelmed by the process and you'd like to keep it as simple as possible. I would feel very badly if one of my clients felt so overwhelmed by the process that she simply did nothing.
  • I've been thinking about doing a will for sure, but I'm not really sure how to go about doing it, or how much it costs....is this something that you think we should do before baby arrives, or could it wait say a few months after they're born?  I just don't see my husband and I getting it done in the next few weeks :(
  • I also got a similar GIANT packet from my friend.... in December.  

    *crickets*

    Something to do when I am bored out of my mind with a newborn who is not a great conversationalist? 

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  • We have to do this ourselves, using the family attorney. I dont know if there is an easy way to do it we have set up a trust though. We own our house out right but we need our money to go into a trust to keep the house for our child ie paying the yearly taxes. We do already have the God Parents to be as our son's guardian in case something happens to us. If some one knows an easy way to get this done I'd love to hear it looking at all the legal paperwork makes my eyes cross.
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  • We did this after my mom passed and we were dealing with her estate lawyer.  I was pregnant with DS, so when he asked about us, we went ahead.  It is very overwhelming, but with LO coming, we found it best.  We want the kids to go to his parents with my aunt having joint custody.  She lives with us and I don't want her to be missing from their lives.  Looking at the what ifs kinda helped me to get through it. 

    Ask your attorney about a simpler way to get what you need for now. Good luck

  • Ladies, be careful with Legalzoom.com I found out that a lot of states don't recognize their stuff and then on the things that are approved you pay the website a few hundred dollars and you have to hand walk all the paperwork through the courts to have it put in file and pay for that also. I would say you probably don't have to have it in place before or when LO is born, but it shouldn't be delayed for a prolonged period of time. The LAST thing you want is for something God forbid to happen and the state step in and your family have to fight that battle. It is not FUN!!!!!!!!!!! or an easy process. For the few hours it takes us to figure out what we want in the will and trust it will save the family months and years of legal battle. GL
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  • I agree completely.  You might want to read the following Oregonian article. 

    https://www.oregonlive.com/finance/index.ssf/2012/03/fill-in-the-blank_wills_can_be.html

    Doing a Will does not have to be difficult or very time consuming.  I'm happy to explain why Jen if you want to give me a call. 

    Michelle-Shari Kruss, Attorney at Law Wills and Trusts for Busy Oregon Parentshttps://krusslaw.wordpress.com/https://www.krusslaw.com_________________________ 
    tel: (503) 490-4020 

    fax (503) 245-8935  

     

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