Testamentary Trusts and POAs
Your husband is working late so you get your daughter from
the baby sitter and stop at the store for groceries. You see a cute baby riding in another grocery
cart holding a doll. She looks up and
asks her mother, “Should I have a Will for my baby like you have for me?”
After supper and when things get quiet you mention the Will
thing to your husband. But his droopy
glazed eyes are locked on the TV screen and he seems to sleep through your
attempt at conversation. The next day at
work, you hear the term Testamentary Trust for Minors. You think of yourself as a good parent, but
is there something others know that you do not?
Is there something Mom did not know or mention? Maybe so.
So you email your local attorney and set an appointment.
You tell the attorney that you are not rich, that you and
your husband have good potential as your jobs and careers progress, but all you
have now are debts and life insurance.
And a baby. You do not expect to
die any time soon.
The attorney agrees that death is not very likely, and even
disability is fairly low on the probability scale. But if anything happens, then a Will can be
very useful. And so can a Durable Power
of Attorney. He reports that many
families do execute Wills which include provisions to protect children. One clause can be used to give a responsible
adult authority to care for your babies if you suddenly die. A second set of clauses can give a
responsible adult power to collect and use your life insurance proceeds for the
care of your babies. The clauses are
often called a Testamentary Trust; “Testamentary” because they are part of a
will, and “trust” because they give someone control of your property for the
benefit of a third person, your child. A
Durable Power of Attorney can give your spouse or another responsible person
the authority to act on your behalf to help make decisions with your financial
affairs in case you are incapacitated in an accident or by some other disabling
event.
The attorney smiled and said, “I sometimes tell my clients that
if we help you sign these forms, then you will be guaranteed to never need
them. If we do not, then you will need
them the next day.” So you decide to
proceed and avoid the risk of needing them when it is too late.
Witte Law Office
6125 Havelock AveLincoln, NE 8507
402-467-5080
glen@wittelawoffice.com
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