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When is a Will Needed

Simon Mckinsey Miller & Stone • October 16, 2020

My 39 year old assistant asked me today at what point should she consider doing an estate plan with her husband. I explained to her that anyone who has a minor child should definitely at least have a will in place. The reason for that assertion is that in a will one can nominate a guardian for one’s minor children. The nomination of a parent is given great weight in a Guardianship proceeding. It should provide comfort to be able to dictate who shall have custody of a minor child should some unforeseen death occur to the parent. I am sure that the last thing that a parent would want is grandparents or other relatives fighting it out in Court to see who is in charge of their child after the parent passes. The nomination assures that the parent’s wishes will be given top priority by a Probate Court.

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