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News & Events

Did You Know

Statistics from various surveys on estate planning continue to indicate that for those individuals over age 45, nearly 50% do not have a will.  It is my personal opinion that for younger families, where the naming of guardians for minor children is the single most important reason to have a will, the number of people without a will is closer to 70%.

Let me be clear, there is no acceptable reason for not having a will if you are the parent of a minor child - in fact, it is your responsibility as a parent to do so.  Although most people think that relatives will care for minor children should the parents both die, that is not until the Public Guardian and Trustee has determined your relative has the capacity to do so.  Naming a guardian in your will greatly simplifies the process, as the Public Guardian already knows who you want.  For those without a will, an application would have to be filed by those wanting to be the guardians, and the Public Guardian would then have to confirm those individuals were capable.  In the event that two individuals or families applied to be guardians, the Public Trustee will have investigate both families, to make a determination of the best choice (in their mind), perhaps different than what was wanted by the parents.  If those applying to be guardians disagree with the choice made by the Public Guardian, the children would stay in a foster home until such time as the court determines who should be the guardians.








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