One of the most overlooked things when writing wills is the naming of a Tutor for your minor children. Providing for Tutors in your will is a crucial step to ensure that your minor children are cared for by the individuals you trust and choose, should you pass away before they reach the age of majority. Here’s a step-by-step guide on what to consider when making provisions in your will for Tutors:
- Choose Potential Tutors:
Identify the individuals or couples you would like to nominate as Tutors for your minor children. Consider their values, parenting style, financial stability, and their relationship with your children. - Discuss with Potential Tutors:
Before finalizing your decision, have a frank conversation with the potential Tutors to ensure they are willing and able to take on this responsibility. This conversation should cover the practical, emotional, and financial aspects of raising your children. - Include Tutorship Provisions in Your Will:
Work with your attorney to draft a will that includes detailed Tutorship provisions. These provisions should specify who you want to be the guardian(s) for your children in the event of your passing. - Consider Alternates:
It’s wise to designate alternate Tutors in case your first choice(s) is unable or unwilling to assume the responsibility when the time comes. - Legal Formalities:
Your will must meet the legal requirements of your jurisdiction to be valid. This includes proper execution, witnessing, and notarization, as required by law. - Regular Updates:
Review and update your will periodically to ensure that your arrangements are still appropriate. Life circumstances can change, so it’s important to keep your will current. - Notify Family and Key Parties:
While you’re not obligated to share the contents of your will with anyone during your lifetime, it’s advisable to inform close family members and the potential Tutors about your decisions. This can help avoid confusion and disputes later on. - Store Your Will Safely:
Keep your will in a secure location, and let your executor and other trusted individuals know where to find it. Consider keeping a digital copy in addition to a physical one.
Remember, while including Tutorship provisions in your will is an important step, it’s just one aspect of comprehensive estate planning. You should also address other critical components, such as financial planning, healthcare directives, and beneficiary designations, to ensure the well-being of your dependents and the proper management of your assets.
Chip LoCoco
New Orleans Estate Planning Attorney