If you are a single parent, you are likely being pulled between work, school activities, and home — and the inevitable emergencies that fill the lives of single parents everywhere.
Being a single parent is a huge responsibility, even if you do share time with a parenting partner, and especially so if you don’t. What would happen to your children if something happened to you? Who would take care of them? Who would pay for their housing and food? Who would pay for their education? Having an estate plan that covers the care of your children in case you should be in a severe accident, fall ill, or die, welcomes peace of mind for the single parent knowing everything and everyone they love is taken care of.
Here are the must-haves that can protect your children if something were to ever happen to you:
A will allows you to name the person responsible for your estate and belongings as well as who will inherit your assets. Most importantly this is the legal vehicle you use to name a guardian for your children. Without a will, the state will decide their fate. The greatest risk you leave behind when ignoring this piece of your estate plan is that your children could be taken into the care of strangers at any time.
Revocable Living Trust
There are so many benefits of a living trust for single parents. First, a trust enables you to still control your money and property while you’re able, but if you die or become incapacitated, it transitions that decision-making authority immediately to the trusted person you have named as your trustee. If your children are still minors, or even young adults, their inheritance can be handled for them until the time comes when they are capable (and you decide that time). Plus, if you have a trust, your estate doesn’t have to go through probate, which can be costly and time-consuming. Without trust, you risk draining your hard-earned money on probate costs. This is not ideal if your children need to continue living in their home and having their expenses paid.
Durable Power Of Attorney
As a single parent, you are likely the only signatory on your mortgage, your bank accounts, and other financial instruments. What would happen if you became incapacitated and there was no one to pay the mortgage or the bills? That is why it is important to have a durable power of attorney in place. When choosing your power of attorney, it should be someone you trust managing your financial affairs, while also making legal decisions on your behalf if you are unable to do so.
Advance Medical Directive
An advanced medical directive gives legal power to the person you choose to make your health care decisions in case you are not capable of doing so yourself. This is especially important if you are not remarried or do not have immediate family members nearby.
Your life insurance policy, retirement accounts, and brokerage accounts all require beneficiary designations. Those you designate to receive the assets in these accounts will only receive them if you execute the proper beneficiary forms! They cannot pass to your heirs via a will or trust. And minor children should never be named as beneficiaries as they are not legally able to own assets.
Kids Protection Plan©
Developed by a nationally recognized attorney who is a single mom herself, the Kids Protection Plan© provides single parents with the legal documents they need to make sure there is never a question about who will take care of their kids if they are in an accident or pass away. The plan includes legal documents to name short- and long-term guardians, instructions for those guardians, medical powers of attorney for minor children, and more.
We’re Here To Help
One of the main goals of our law practice is to help families like yours plan for the protection of yourself and your family through thoughtful estate planning. Contact us today to schedule a time for us to meet and review how to protect what matters most, during this time together we can identify the best strategies for you and your family.
This article is a service of Stafford Law Firm, Personal Family Lawyer®. We do not just draft documents; we ensure you make informed and empowered decisions about life and death, for yourself and the people you love. That’s why we offer a Family Wealth Planning Session™, during which you will get more financially organized than you’ve ever been before and make all the best choices for the people you love.