Page 28 - LDBD Magazine - Issue 22 - Jan Feb Mar 2018
P. 28

LDBD  in every issue ◊                                    Legal TALK



                                     Legal Essentials for Parents


                                                  By: Toni Moore, Esq.



                                                                   doesn’t receive in regards to specific bequests.  Regardless of the fear
                                                                   which by the way is false evidence appearing real, I can attest to how
                                                                   crazy life becomes for most families in the absence of final instructions.
                                                                   Family members go on what seems to be a treasure hunt looking for
                                                                   bank accounts/life insurance policies to pay for burial expenses.  Others
                                                                   become desperate trying to figure out whether or not the home will go
                                                                   into foreclosure within months of the breadwinner’s death. And still
                                                                   others end up fighting over issues that could have been avoided if the
                                                                   decedent had made an executive decision to execute a will.

                                                                   Thirdly, is your child/ren having problems at school?  Not every child
                                                                   thrives in the compulsory education environment.  But that doesn’t
                                                                   mean your child should suffer because s/he is not deemed as normal.  If
                                                                   your child is manifesting behavioral problems at school, you should ask
                                                                   your school to evaluate your child's need for special education services.
                                                                   This request should be in writing and should include your consent for
                                                                   evaluation. Trust me when I say you should release your fear of having
                                                                   your child being “labeled” and embrace your rightful position as your
                                                                   child’s advocate. Unfortunately, if you don’t no one else will.
          Most people rarely think about how law impacts their lives until they   Fourth, is your child being abused?  Whether physical, mental or emo-
          need something.  More specifically, individuals may seek legal counsel   tional abuse from another child, parent, family member or another adult,
          when the family decides to move to a bigger house, to start a business,   trauma should not be tolerated.  First, your child is a gift from God and
          when the breadwinner passes away or even worse when the family falls   has a right to peace, joy and the pursuit of happiness.  Similarly, you
          apart.                                                   will be held accountable if you know that your child is being victimized
                                                                   but you do nothing about it; especially if something happens to your
          Unfortunately, seeking legal counsel when you’re desperate is not the   child.  Accordingly, routinely check your child’s body for unexplained
          best time to have a rational conversation about your next steps or best   bruises, talk to your child openly so that s/he is not forced to suffer in
          alternatives to a seemingly abysmal situation.  Accordingly, I want to   silence and bring in the authorities or professionals as soon as you sus-
          apprise you of a few legal issues you should address and handle while   pect your child/ren has been abused.
          you are cool, calm and collected.
                                                                   Lastly, are you raising a jr. boss?  I’m always awed by children who step
          First, do you have a guardianship plan for your minor child/ren?  No one   up to the plate of entrepreneurship at a young age.  I’m also awed by the
          really wants to discuss the possibility of an illness, accident or delay   parents who assist their children and work as an employee, Trustee/CEO
          through no fault of our own. However, things fall apart when least ex-  of their minor child’s business.  If you’re raising a jr. boss, it’s advisable
          pected. A Guardianship Agreement should be drafted to identify who   that you ensure that the business is properly formalized in your state,
          you want to take care of your child if you can’t. The Agreement typical-  that any service contracts between yourself and your child have been
          ly includes such things as shelter, education, food and medical care.   properly drafted—even if that includes hiring an Independent Fiduciary,
          Additionally, the Agreement allows guardians to manage the finances of   all intellectual property is registered, monetized and protected, local,
          the child, make medical, educational and religious decisions.  Most im-  state and federal taxes are paid and that your child’s earnings are being
          portantly, the Agreement ensures that your child/ren lives are not drasti-  diligently saved and/or spent until s/he reaches the age of majority.
          cally changed because of a short-term emergency.
                                                                                    * * * * * * * * * * * * *
          Secondly, have you drafted your will? Once again, no one wants to dis-
          cuss let alone draft a will.  Perhaps they fear they may die as soon as the   Toni Moore, Esq. is an author, speaker and Business Attorney who
          ink dries, or don’t want to acknowledge the dynamics or dysfunctionali-  helps purpose-driven women build and live the life they want. To learn
          ty of their family or don’t want to choose which child receives or   more about Toni, please visit mooresavvy.com or connect with her on
                                                                   SM @Mstonimoore.





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