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Married couples with children have issues that only a written Will can
handle. Without a Will, the surviving spouse does not inherit the
entire probate estate. If the children are minors, the children’s share
of the estate goes into a Court-ordered trust, the Court controls the
spending of the trust money, and the money is given to the child as each
turns age 18.
If both parents die without a Will, the Court has no guidance on who
should be the Guardian for their minor children or who should be the
Trustee for the children’s money. Again, the trust money would be given
to each child as each turns age 18.
A written Will allows you to leave the entire estate to your
surviving spouse, name a Guardian and Trustee for your minor children,
and hold the assets in trust to a more mature age than 18. It also
enables you to set the terms of the children’s trust to promote
important goals for their health, education and welfare
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