| We actually ended up with 2 in laws who are not our favorites, per se, but are in the best life position (age, financially) to handle the responsibility with as little disruption as possible. |
What do you mean, financially? |
| Our problem is we have three kids and each of our siblings already have multiple kids themselves. DH’s parents have some health issues and frankly wouldn’t want them. My parents are early 50’s and in good health. We haven’t done this yet, but I feel like the best people for the job are my parents. I should probably ask them soon |
It would be for your protection as well, to protect against accusations that you improperly used the money for yourself. We have friends who were given custody of a friend’s daughter when the friend died, and were trustees on the girl’s trust as well. Everything was fine until the girl got to her late teens and began showing signs of significant mental illness, at which point an aunt swooped in and started whispering in the girl’s ear about how her guardians were mistreating her. Next thing they knew, they were hit with a lawsuit by on behalf of the girl accusing them on fraud on the trust. They ultimately prevailed, but it cost them a fortune in legal fees. If there had been a separate trustee, the lawsuit would have been much easier to get dismissed. |
We have this problem too. DH and I are lucky to have wonderful siblings, but we have three kids and our siblings all have two or three kids too, of roughly similar ages. It's a lot to ask of someone to potentially raise six kids, and we've been avoiding it so far. |
PP here. We have very good financial record keeping, and I'd track every dollar spent out of the trust. I'd gladly take the risk of having to spent my own money to fight a lawsuit over the certainty of having to deal with a separate trustee. If that set up isn't acceptable to the parents, they're welcome to move along. We have a very stable and warm household. As a result, we have actually been asked by two different family members if we'd be willing to serve as legal guardians. We ended up declining both times due to the financial set up that the parents were insisting on. In one case, the parents were dramatically under insured (and seemed to think we'd be glad the foot the bill), in another case the parents wanted a separate trustee. The parents are free to set up the arrangements however they think is best, but they should keep in mind that no one is forced to agree to what they decide. Also, if you name a guardian, that guardian is not automatically given custody, and they're free to decline if they decide the arrangement is unacceptable. In our case, even though the possibility was remote, we knew the right thing to do was to explain our objections on the front end, rather than back out later or hope the back up selection would step up. |
I agree that it can be a recipe for acrimony. In our case, we're leaving the trustee/guardian a substantial amount of $$ in their own right, so I'm hoping that limits any desire to not do right by the minor child. |
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This is a hard one for me. My husband and I both have one sibling Sibling A is a lot less financially stable but is a fantastic single parent
Sibling B is more financially stable but has said they doesn't want to have kids or get married. They absolutely loves my kids though. |
17:28 PP Our DINK friends know that if for whatever reason my sister couldn’t take DS that they are next in line. They wouldn’t have been great with a baby but DS is 11 now. They have always had a good relationship with him, aunt and uncle style. My mom knows and loves these friends as well and knows they are best Choice. I have another sibling but he lives in Chicago and that would be a huge disruption of DS’s life to have to move so far away. |
You’re supposed to have life insurance. |
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When my kids were little our options were DH's brother, my brother and my sister. DH doesn't trust his family so BIL was out. My brother was single so not ideal. My sister and her then-DH had kids the same age and asked us to be their guardian. She and I are very close and similar in our parenting so it was easy to pick her. My parents were the back-up to her.
My brother eventually married and now has two small children and DH and I are their guardian since my sister is now divorced and DH and I are in a better position to take on more kids if that ever happened. |
Come on man, really? After reading the OP, there was nothing that she could gain from this but your need to brag (basically). We are fortunate and have good options, I don't think my response is helpful to OP. |
Your will can say something different from hers, which would help you if, say, you die together but medically she passes first. Also, if they are already in 70s, then every few years or when serious medical or mental health issues begin to arise, raise the issue with your wife again and get that small part of the will addended. I assume you asked the parents and they agreed? You may want to keep revisiting the issue with them too so they can opt out. |
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Financial responsibility matters even (especially) when you are adequately insured. Even if there is a separate trustee, the guardian is the one living with your child and letting the trustee know what the financial needs are. The pool of money has to last long enough to launch your kids into adulthood.
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DH and I are late 30s, our DS is 3. I have a full sibling I grew up with and various stepsiblings. DH is an only child. Parents are in their late 60s to mid 70s. f we both die, my sister and BIL are nominated as the guardians. Our good friends with a son 2 years younger are our backups.
My sister and Dad are co-trustees of the trust FBO my DS, which will be funded with millions of life insurance proceeds and all our assets. It should be plenty to do everything financially we would want to do for him. My sister doesn't know that much about finances, which is why I named my Dad as a co-trustee, but she is getting much better. I'll probably make her sole trustee in a few years. Everyone knows the structure. I update a spreadsheet of all assets once per year and put it with the estate documents. It's hard to think of my DS being raised by other people who will invariably make different parenting choices, but if the unfortunate occurs, we have done our best to smooth the way for him in a household where he will be raised with love and abundance. |