A Kids Protection Plan® (KPP) makes legal provisions for minor children if something happens to you or your spouse. By adding it to your estate planning documents, you can ensure that the right person will raise your children if you’re suddenly unable to do so.
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Benefits of Creating a Kids Protection Plan® Sooner Rather Than Later
Even if you already have a Will, a living trust, or another estate plan, your documents may not provide legally-binding instructions for the custody and care of minor children. It’s not enough to name friends as G-dparents or ask family members to be guardians; you need to designate a legal guardian and make provisions for childcare in your Will.
If something happened to you tomorrow and this vital documentation isn’t in place, your children could:
- Be placed in Child Protective Services (CPS) until their new guardian is located
- Be raised by a family member appointed by the court (even if you don’t get along with them or would never trust them with your kids)
- Have their medical and educational decisions made by someone appointed by the court
- Lose their inheritances due to a court-appointed guardian’s mismanagement of their funds
- Be forced to fight for their inheritance in court when they come of age
- Lose a significant portion of your estate to probate, taxes, guardianship proceedings, attorney fees, and court costs
- Receive a check for the full amount of assets left in your estate when they turn 18 years old
- Be preyed on by unscrupulous people or businesses who perform public records searches and know when your children will come into their inheritance
What’s Included in a Kids Protection Plan®?
A Kids Protection Plan® allows you to make short-term and long-term plans for your passing from a parent’s perspective. At Yolofsky Law, we take you through each step of our comprehensive plan, adding the proper legal documents to ensure your children’s financial and emotional well-being.
Guardianship
- Permanent guardians – These are the long-term guardians of your children. They will live with your kids and act as their primary trusted adults until your children turn 18. It’s a good idea to name at least three people or couples in case your first choice cannot serve. You should also consider whether you trust both members of a couple equally; if their relationship ended, who should get custody of your kids?
- Standby guardians – Standby guardians are local friends, family, or babysitters who can be called on by the authorities in an emergency. If you and your spouse are in an accident and your long-term guardians live in another state, where would your children go in those first few hours? Who would pick them up from school, watch them in their own home, and care for them until arrangements could be made by their legal guardians? You will need to choose short-term guardians to ensure your children are only ever in the care of people you trust.
- Powers of attorney – Your chosen guardian will need the authority to make medical and financial decisions for your children. We can create medical powers of attorney for your kids (and for you, if needed) to ensure the right person is in charge of your family affairs if you become incapacitated.
- Clear instructions – If you’re ever forced to leave your children, you don’t want to leave anything unsaid. You must be clear about your views on religion, discipline, and education and how they will influence your child’s life. We can help you create a resource of information for your kids, their guardians, and other family members to guide them through tough decisions.
Financial Support
- Trust creation – Your chosen guardians will bear a significant financial burden by raising your children. We can create a trust to provide the resources your children will need and prevent trustees from diverting funds for personal gain.
- Disbursement – Your trust instrument can provide instructions on how and when funds should be used, ensuring your child won’t be held back from a private school, piano lessons, clubs, or youth sports due to a lack of resources.
- Asset management – Your beneficiaries will need someone trustworthy and competent to manage their holdings while they’re underage. It’s up to you whether a trustee can invest trust funds or pay for professionals to grow your children’s inheritance.
Inheritance Preservation
- Asset protection – You want your children to inherit the maximum amount of your estate possible. Unfortunately, small mistakes in your planning documents can deplete your assets. We can help preserve your wealth for your children by avoiding Will contests and costly litigation.
- Probate and Tax Planning – The probate process can deprive your kids of thousands of dollars and keep them waiting months or years for their inheritances. We can help ensure that your children have access to the resources they need without overpaying the state.
- Liability – A child who receives their inheritance in a lump sum is at lifelong risk of losing everything. We can structure payments around life events (such as when a child graduates or gets married) while holding the rest of your wealth in trust to shield it from lawsuits or divorce proceedings.
A Comprehensive Kids Protection Plan® Is Included in Our Florida Estate Planning Process
As parents ourselves, the team at Yolofsky Law knows how important it is to plan for the unexpected. We leave no stone unturned, pairing estate plans with a full Kids Protection Plan® and creating contingencies in case your first choice falls through.
Dad doesn’t need another fishing rod —he needs the confidence and security of a well-planned future. We will help you make the best financial and legal decisions for your lifetime and beyond. Schedule an introductory call or email us at [email protected] today to see how Yolofsky Law can help you.
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