I was talking with some adult friends recently about how difficult it can be to name a guardian for minor children in the event that both parents are unable to act. Some people delay their estate planning simply because they cannot agree on who the guardian should be.   

It seems this difficult choice was approached in a new way by celebrity musician Adam Yauch, a co-founder of the American music group the Beastie Boys.  According to an article by Deborah L. Jacobs,  “Yauch’s will describes an unusual arrangement that probably grew out of compromise. If he died in a year with an even number, he appointed his parents, Noel and Frances Yauch, as the guardians, with his wife’s parents Sonam and Chuki Gangdu, as the backup if his own parents were unable to play that role. On the other hand, if he died in an odd-numbered year, the arrangement would be reversed, with her parents stepping in as guardians, and his serving as the backup.”

See the entire article here:  http://www.forbes.com/sites/deborahljacobs/2012/08/10/adam-yauchs-will-reveals-his-private-dilemma/

As I wrote in an earlier post, it is a good idea to set out guardians for minors in your will.  Depending upon the size of your estate, we also often discuss whether you wish to appoint a separate trustee for the funds the child may inherit.  You may also wish to set a staged distribution for your children, so that they don’t receive their entire inheritance when they turn 19.

See my previous post here:  http://www.bcheritagelaw.com/blog/estate-planning/why-you-need-a-appoint-a-guardian-for-your-children-and-what-you-should-consider/

Nicole is training Department of Justice lawyers on the basics of will drafting for the DoJ pro bono wills clinic for low income seniors.