[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.amorusolaw.com\/blog\/dont-have-a-will-cousin-vinny-could-be-your-kids-guardian-rye-brook-ny-greenwich-ct\/#BlogPosting","mainEntityOfPage":"https:\/\/www.amorusolaw.com\/blog\/dont-have-a-will-cousin-vinny-could-be-your-kids-guardian-rye-brook-ny-greenwich-ct\/","headline":"Don’t Have a Will? Cousin Vinny Could Be Your Kid’s Guardian!","name":"Don’t Have a Will? Cousin Vinny Could Be Your Kid’s Guardian!","description":"If you do not have a will the state will provide one for you. And if you are married with young children and both parents die who becomes the children\u2019s guardian will be up to the state\u2019s court system. No will? No problem \u2013 the state will provide one for you. But how likely is […]","datePublished":"2015-05-12","dateModified":"2024-03-21","author":{"@type":"Person","@id":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/#Person","name":"Amoruso & Amoruso LLP","url":"https:\/\/www.amorusolaw.com\/blog\/author\/amorusolaw\/","identifier":5,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/12de032c04195e9c39a06a6d6eea182f7b4fa655c20e245f8094a244b5cdd0cb?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Amoruso & Amoruso LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/07\/amoruso-logo.svg","width":0,"height":0}},"image":{"@type":"ImageObject","@id":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b01b8d11216f7.jpg","url":"https:\/\/www.amorusolaw.com\/wp-content\/uploads\/2023\/04\/6a01901dd0a082970b01b8d11216f7.jpg","height":600,"width":900},"url":"https:\/\/www.amorusolaw.com\/blog\/dont-have-a-will-cousin-vinny-could-be-your-kids-guardian-rye-brook-ny-greenwich-ct\/","about":["Estate Planning","Guardians","Guardianship","Health Care Proxy","Power of Attorney \/ POA","Probate","Trusts","Will"],"wordCount":407,"keywords":["Estate Planning","Guardians","Guardianship","Health Care Proxy","Power of Attorney","Probate","Trusts","Will"],"articleBody":"If you do not have a will the state will provide one for you. And if you are married with young children and both parents die who becomes the children\u2019s guardian will be up to the state\u2019s court system.No will? No problem \u2013 the state will provide one for you. But how likely is it that the state will carry out your wishes regarding assets and guardian selection of your children? How would the state even know what you want to happen?A post on the CBS Boston website titled \u201cEstate Planning For All\u201d explains more.Yes, your state\u2019s estate laws and the probate judge will decide who will get your assets if you die. And if you are married with young children and both you and your spouse pass at the same time, the judge also gets to decide who will be the children\u2019s guardian.Think about that.Now think about your family. Is there a cousin Vinny, or maybe a Cousin Itt on the family tree?Do you want either of those two and their families raising your kids?Talk to the person(s) you are considering to raise your children. Find out about their values, goals, parenting style, and maybe most importantly\u2014their patience level.Estate planning doesn\u2019t have to be fancy, expensive or complicated. And it\u2019s not just for millionaires and movie stars. You still want to do it right, and you should turn to a professional to make sure you have the following documents drafted correctly.Draft a will. Name an executor\/executrix to execute your wishes and distribute your assets and if you have minor children you should name a guardian for them.Sign a Durable Power of Attorney. This lets you to appoint an individual to act on your behalf legally and financially if you are incapacitated.Health Care Proxy. This lets you to select someone to make medical decisions for you if you are unable to make them. You need to have a discussion with the person you ask to be your proxy about how you feel about death, dying, and life support. Make sure they understand that this is about you and your wishes\u2014not about what they think is right.Talk to an experienced estate planning attorney, create a sound estate planning strategy, and keep Cousins Vinny and Itt out of the plans.Reference: CBS Boston (May 1, 2015) \u201cEstate Planning For All\u201d"},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.amorusolaw.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Don’t Have a Will? Cousin Vinny Could Be Your Kid’s Guardian!","item":"https:\/\/www.amorusolaw.com\/blog\/dont-have-a-will-cousin-vinny-could-be-your-kids-guardian-rye-brook-ny-greenwich-ct\/#breadcrumbitem"}]}]