what kind of lawyer for my children after my death to help them

Who decides who cares for your children if you die?

However, if you don’t create a care plan or declare a guardian for your children, the courts may decide who cares for your children if you die. Are you comfortable with a stranger making this decision? This sentiment is a visceral fear that most parents have at some point.

How can a lawyer help a surviving spouse?

Keystone’s lawyers can be a lifeline for surviving spouses of decedents in all matters probate. If you are a surviving spouse, instead of having to navigate the complexities of inheritance laws on your own at a time of grief, Keystone’s lawyers can do the heavy lifting to secure you the inheritance to which you’re entitled.

What questions should you ask an estate attorney after a death?

Here are some critical questions you should ask when you meet with an estate attorney in the wake of a loved one’s death. Is the Previous Power of Attorney Still Valid? You may have had a power of attorney for the loved one who has just died, and you may erroneously believe that the power of attorney is still in force.

What should I do if my loved one dies?

Be very careful not to overreact to the signs of those deteriorating relationships. Although it is not fair that your loved one died, still overreacting will generate an intense amount of stress, and no one will be coping well with either the death or the stress. Try to look at your friends’/family’s excuses for what they are: excuses.

How do you help a child after a parent dies?

When a Loved One Dies: How to Help Your ChildUse simple words to talk about death. ... Listen and comfort. ... Put feelings into words. ... Tell your child what to expect. ... Explain events that will happen. ... Give your child a role. ... Help your child remember the person. ... Give comfort and reassure your child.More items...

What happens when a parent dies?

You will need to file the will with the probate court in your parent's city to begin probate, the legal process of distributing assets after death. If your parent died without a will, the court will decide how your parent's assets are distributed based on state laws.

Does a child get anything when a parent dies?

Within a family, a child can receive up to half of the parent's full retirement or disability benefits. If a child receives survivors benefits, they can get up to 75% of the deceased parent's basic Social Security benefit. There is a limit, however, to the amount of money we can pay to a family.

How long do you have to file probate after death?

Is there a deadline to probate an estate? The general rule is that an estate has to be probated within 3 years of when the decedent died.

Does Parents debt get passed down?

In most cases, an individual's debt isn't inherited by their spouse or family members. Instead, the deceased person's estate will typically settle their outstanding debts. In other words, the assets they held at the time of their death will go toward paying off what they owed when they passed.

Who gets the $250 Social Security death benefit?

A widow or widower age 60 or older (age 50 or older if they have a disability). A surviving divorced spouse, under certain circumstances. A widow or widower at any age who is caring for the deceased's child who is under age 16 or has a disability and receiving child's benefits.

How do I apply for survivor benefits for my child?

You can apply for benefits by calling our national toll-free service at 1-800-772-1213 (TTY 1-800-325-0778) or by visiting your local Social Security office. An appointment is not required, but if you call ahead and schedule one, it may reduce the time you spend waiting to apply.

What happens to bank account when someone dies without a will?

What happens to a bank account when someone dies without a will? If someone dies without a will, the bank account still passes to the named beneficiary for the account.

Naming A Personal Guardian

You should name one personal guardian (and one alternate, in case your first choice can't serve) for each of your children.Legally, you may name mo...

Choosing Different Guardians For Different Children

Most people want their children to stay together; if you do, name the same personal guardian for all of your kids.You can, however, name different...

Choosing A Different Person to Watch The Checkbook

Some parents name one person to be the children's personal guardian and a different person to look after financial matters. Often this is because t...

If You and The Other Parent Can't Agree

When you and your child's other parent make your wills, you should name the same person as personal guardian. If you don't agree on whom to name, t...

Writing A Letter of Explanation

Leaving a written explanation may be important if you think that a judge could have reason to question your choice for personal guardian.Judges are...

If You Don't Want The Other Parent to Raise Your Child

You may not trust your child's other parent to care for your child if something happens to you. However, a judge will grant custody to a child's su...

If Your Child's Other Parent Is Your Same-Sex Partner

If you coparent your children with a same-sex partner, you will probably want to name your partner as the personal guardian of your children. Becau...