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Guardianship: Keeping Up With the Kardashians

You might not be a big fan of this famous family, but the Kardashians recently demonstrated impressive wisdom in protecting their minor children using estate planning.

During a recent episode of Keeping Up With The Kardashians, Khloé Kardashian was preparing to give birth to her first child, daughter True. Khloé was second-guessing her first choice to name her sister Kourtney as the child’s legal guardian in case anything ever happened to her or the baby’s father.

During her pregnancy, Khloé spent a lot of time with her other sister Kim and her family. Watching her interacting with her own kids, Khloé really connected with Kim’s mothering style and pondered if she might be a better choice as guardian.

“I always thought Kourtney would be the godparent of my child, but lately I’ve been watching Kim, and she’s been someone I really gravitate to as a mom,” Khloé said.

To make things more challenging, Kourtney always assumed she’d be named guardian and said as much. Over the years, Khloé had lots of fun times with Kourtney and her family. So Kourtney thought her own passion for motherhood would make her the natural choice.

For guidance, Khloé asked her mother, Kris Jenner, how she chose her kids’ guardians. Kris’ answer was to compare how her two sisters’ raised their own children.

“You just have to think,” Kris told her, “‘Where would I want my child raised, in which environment? Who would I feel like my baby is going to be most comfortable and most loved?’”

In the end, Khloé chose Kim over Kourtney. She explained her decision had nothing to do with her respect or love of Kourtney. But it was merely about which style of parenting she felt most comfortable with.

“Watching Kim be a mom, I really respect her parenting skills—not that I don’t respect Kourtney’s, I just relate to how Kim parents more,” said Khloé. “I just have to make the best decision for my daughter.”

Lessons learned

Khloé’s actions are admirable for several reasons. First off, far too many parents never get around to legally naming a guardian to care for their children in the event of their death or incapacity. Khloé not only made her choice, but she did so before the child was even born.

Khloé also took the time to speak and spend time with her sisters beforehand, so the family understood the rationale behind her decision. Khloé was lucky her choices were close family members, so she had ample opportunity to experience both of their parenting styles.

Depending on your life situation, you might not be able to spend that much time vetting your choice. But at the very least, you should sit down with each of your top candidates to openly and intimately discuss what you’d expect of them as your child’s new parents.

Avoid conflict and court

Furthermore, with multiple family members vying for the guardian role, Khloé’s quick action may have prevented a potential nightmare. If she’d delayed naming a guardian and something happened to her, Kourtney, Kim, and even other family members could’ve gone to court seeking guardianship of her daughter.

This could have led to years of contentious legal battles that not only cost the family huge sums of money, but the potential hardship imposed on the children can be incalculable. Even if you think something like this would never happen to your family, why take the risk, especially when it’s so easy to avoid?

Get started now

While the Kardashians are rich and famous, you too can provide the exact same level of protection for your kids, even with minimal financial resources. It’s important as soon as it’s physically possible to choose someone who will step in to raise your children if you cannot. You must also legally document your choice and make sure the individual you’ve selected knows what to do if they’re called upon.

Many parents have no idea how to go about making this critical decision, much less create a legally binding plan, so they never get around to doing it. And even parents who have legally named a guardian (even with a lawyer’s help) often make at least one of six common mistakes that leave their children at risk.

That’s because most lawyers aren’t aware of all that’s involved with planning for the well-being and care of minor children after their parents’ death or incapacity. But at Myrna Serrano Setty, P.A., we’re dedicated to legal planning for the unique needs of families with young children.

And if you’ve already named guardians on your own or with a lawyer, we can review your existing legal documents. We’ll determine whether you’ve made any of the six common mistakes that leave your kids vulnerable and help you fill those gaps.

Beyond naming legal guardians,  can create a comprehensive estate plan with all of the necessary legal documents to ensure the protection and well-being of your entire family and assets, no matter what happens. Contact us now.

 

Talking to Your Kids About School Violence

 

 

 

 

On February 14, 2018, there was another mass shooting at a school, this time in Parkland, Florida. Our thoughts and prayers are with the families devastated by this tragedy. As we struggle to cope with this tragedy, we need to figure out how to talk about this with our kids. Parents can help their kids feel safe (or safer) by establishing a sense of normalcy and security and by talking to them about their fears. At some point, our kids are going to learn about what happened, and we need to be prepared to talk about it.

How do we do that? Here are some tips:

1.     Observe your child’s emotional state. Sometimes it takes a while for anxiety and depression to manifest itself. You know your child better than anyone. And don’t be afraid to seek professional help. 

2.     Make time to talk. Let your child’s questions guide you in how much information to provide. Sometimes it takes a while for them to express their feelings.

3.     Validate their feelings. Let them talk about their fears.

4.     Keep your explanations developmentally appropriate. For example, kids in early elementary need brief, simple information balanced with assurance that school personnel are there to protect them. Give simple reminders of school safety, like reminding them about school safety drills and locked doors.

5.     Review safety procedures at home and at school. This is a good chance to also review your family’s emergency procedures. For example, if something happened to you, who would the school contact? Who would have the legal authority to take care of your kids? What happens if you don’t live near family?

6.     Limit television viewing. We live in an era of the 24-hour news cycle. This can be overwhelming, even for adults.

7.     Explain that there’s a difference between reporting, tattling and gossiping. Encourage kids to talk to a trusted adult if they see or hear about something that may harm others.

8.     Explain that while there is no absolute guarantee that nothing bad will ever happen, you will try your best to keep them safe because you love them more than anything in this world.

This article is a service of attorney Myrna Serrano Setty, who does more than just draft documents. She guides families through difficult topics, like estate planning, so they can protect what matters most. Myrna may be reached at (813) 514-2946 and info@serranosetty.com.