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jgenie
11-25-2009, 06:50 PM
If you have a will for your DC, do you have them named individually or just a blanket statement covering all children? TIA

lizzywednesday
11-25-2009, 07:08 PM
Have you consulted with an estate planning attorney?

There are so many different ways you can write a will, and so many ways the estate and probate courts will treat those writings, that it's best to consult with a professional to hammer out the language so there's no dispute if, G-d forbid, something should happen.

Personally, I would be very clear about to whom things are left, which means I would name each individual DC, but that is just me.

While I am not a lawyer, I edited estate planning and probate law treatises and forms publications for several years and the different permutations of legal language used in many fill-in-the-blank forms or client interviews has given me pause when considering any planning I might do myself.

jgenie
11-26-2009, 04:01 AM
Have you consulted with an estate planning attorney?

There are so many different ways you can write a will, and so many ways the estate and probate courts will treat those writings, that it's best to consult with a professional to hammer out the language so there's no dispute if, G-d forbid, something should happen.

Personally, I would be very clear about to whom things are left, which means I would name each individual DC, but that is just me.

While I am not a lawyer, I edited estate planning and probate law treatises and forms publications for several years and the different permutations of legal language used in many fill-in-the-blank forms or client interviews has given me pause when considering any planning I might do myself.

We had our wills redone when DS was born and he is named by name but there is also a blanket coverage for any other children. I'm planning to have our wills redone when the new baby arrives to name them specifically, but wasn't sure about the blanket coverage going forward. I guess it would cover us if DH were to die and I was pregnant at the time, but everything passes to me anyway so I don't know if that would matter. The only way I can see it mattering would be if DH & I both die and I was pregnant and they were able to save the baby.

lizzywednesday
11-26-2009, 09:52 AM
We had our wills redone when DS was born and he is named by name but there is also a blanket coverage for any other children. I'm planning to have our wills redone when the new baby arrives to name them specifically, but wasn't sure about the blanket coverage going forward. I guess it would cover us if DH were to die and I was pregnant at the time, but everything passes to me anyway so I don't know if that would matter. The only way I can see it mattering would be if DH & I both die and I was pregnant and they were able to save the baby.

I second my previous advice - consult a lawyer about it. That extra peace of mind will be the best money you ever spend.

codex57
11-29-2009, 10:47 AM
Consult an attorney. There are specific reasons why I recommend naming them individually. If you don't update tho, a kid can be inadvertently cut out tho.

infomama
11-29-2009, 10:58 AM
We have wills and our Dds are named individually. We had them drafted by our lawyer.

jgenie
11-29-2009, 02:54 PM
Thanks for all the feedback. I'll check with our attorney after the new baby arrives to see what he recommends.

bubbaray
11-29-2009, 03:27 PM
Your attorney should be able to use language that names the children individually and still provides for more children. That might depend upon your jurisdiction, though. It *is* best to name individually, but you want language to cover off a death before you've updated your will after the birth of a new child, KWIM?

HTH