Does Every Homeschooling Family Need a Will?

Five Questions to Ask Yourself

By Antony Barone olenc
You and your spouse are the homeschooling parents of several little blessings. Your treasure
is in Heaven, but you also want to be good stewards on earth. So youve worked hard to put
a roof over your familys head, to buy the most appropriate curricula, and to save for future
expenses such as college or retirement. In other words, youve prepared your family for life
but have you prepared them for your death!
"aking a Last Will and Testament #i.e., a $ill% is one essential piece of that preparation. &sk
yourself these five 'uestions to find out if your family needs one(
!" What can a Will do for my family and me?
"ost of us have definite opinions about who should get our earthly belongingsour
)estate*after we die. Some of you may have specific goals you hope to achieve when your
estate is divided. +erhaps you have a disabled son who needs someone to manage his
inheritance, or maybe you want to leave a money gift to your sister who is a struggling
single mom. ,o one knows the needs of your family better than you do.
& $ill gives you the ability to distribute your estate exactly as you wish. It is a legal
document that directs who should get your estate and who should become the -uardian of
your children. .ut a $ill does not affect some death benefits, such as life insurance, which
pays directly to the beneficiaries you have listed on your policy. .ecause a $ill is legally
binding, you must create it according to the laws of your state, which may re'uire
formalities such as the presence of witnesses or a notary public when you sign it. /onsult an
attorney for assistance.
#" What $ill ha%%en to my estate if & die $ithout a Will?
0rafting a $ill is the best way to ensure our earthly goods get to those we intend. If you die
)intestate* #that is, without a $ill% your estate will be divided up according to the rules in
your states )intestacy statute.* .ut your family might be unpleasantly surprised to find out
where your goods end up. 1ets see what would happen to your estate if you died intestate,
using 2lorida and "ississippi as two examples.
If you died in 2lorida without a $ill, that states intestacy statute would give your full estate
to your spouse, regardless of the number and ages of your children.
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4his is an arrangement
that many people prefer. "ost of us trust our spouse to take full ownership of our estate and
we assume that, when our spouse dies, our children will divide the estate among
themselves.
.ut this same example comes out 'uite differently in "ississippi. &ccording to that states
intestacy statute, your spouse and children would each inherit an e'ual share of your
estate.
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In other words, if you had four children, your spouse would inherit only 567 of your
estate, with your children splitting the rest. Your adult children would take their inheritance
immediately, but minor children would have their inheritance placed in a 4rust that your
spouse may or may not be able to manage for their benefit. & $ill would avoid this
inconvenient and unwanted result.
'" Who $ill care for my children $hen & die?
&s homeschoolers, we have a strong interest in who will become the -uardian of our
children if we die. $ho is able and trustworthy enough to raise your children with the beliefs
you value! 0o you want your children to continue homeschooling when youre gone! +icking
the right -uardian is essential, and a $ill is the best way to accomplish your intentions.
8very state has laws to appoint a -uardian for children after their parents have died. 2or
instance, in /olorado a parents appointment of a -uardian in a $ill takes effect when the
parent dies. 4hat appointment must be confirmed by a 9udge within thirty days,
:
but the
parents intent in the $ill is given priority. $ithout a $ill, the court is left guessing as to the
best -uardian.
(" Ho$ do & $ant my children to receive their inheritance?
$eve all heard the stories about people who s'uandered their inheritance because they
were too immature to use it wisely. Some of you may have children with special needs who
are not capable of handling their own finances. ;r perhaps you simply wish to give your
children their inheritance in several stages as they get older and more mature.
0o you have any preferences on how your family should receive their inheritance! If so, you
can design the right distribution plan in your $ill. &s one option, you can create a
4estamentary 4rust so that someone else can care for your childrens inheritance and
distribute it to them exactly how and when you desire. $ithout a $ill, your adult children
will receive their inheritance in a lump sum after your death, whether they are ready or not.
)" Do & need an attorney to develo% an estate %lan for my family?
4here may come a time when our familys needs re'uire a more sophisticated plan to
protect our estates. 2or instance, you may need in<depth assistance if you are blessed with
substantial savings or retirement accounts or if you own your homes or businesses.
+rofessional estate planners and attorneys have the training to help avoid taxes that can
erode your estate and to handle delicate matters, such as planning for the future of a
special<needs child.
.ut even if you have few worldly goods, I urge you to consult a professional to prepare your
$ill. In todays world of )0o<it<Yourself 8verything,* some may be tempted to download a
sample $ill off the Internet. 0ont do it. 4here are legal aid agencies in your community
that may be able to assist low<income families in drafting their $ills, and some homeschool
organi=ations may offer the service free of charge to their members.
>
$hen thinking about our mortality, we rightly need to focus on getting our spiritual houses
in order, but we also must consider the future needs of those we leave behind. 0ont delay
if you need a $ill, this is the day to begin that process.
Antony B. Kolenc (J.D., University of Florida College of Law) is an author, speaker, and
law proessor at Florida Coastal School of Law. !e is also a retired U.S. Air Force
oicer. !e and his wie ha"e homeschooled their i"e children or o"er a decade. Tony is
author o *he +hronicles of ,an historical iction trilo#y, as well as many le#al articles.
Learn more a$out him at http%&&www.antonykolenc.com&.
8ndnotes(
3. 'ee 2lorida Statutes ?? @:5.363 to @:5.36@. 4he examples used throughout this article
are hypothetical and not intended as legal advice. 2or instance, depending on the
circumstances, your spouse might not get your full estate even in 2lorida. If one of your
children is from a prior marriage, your spouse would get only half of your estate.
5. 'ee "ississippi +robate /ode ?? A3<3<3 to A3<3< :3.
:. 'ee /olorado +robate /ode ?? 3B<3><565 to 3B<3><56>.
>. 2or instance, attorneys at Homeschool 1egal &dvantage #H1&% will prepare its members
$ills for free. See
htt%-..$$$"homeschoollegaladvantage"com.mem/ershi%0info.last0$ill0and0
testament #&ccessed &ugust 5635% for more information.
Antony B. Kolenc (J.D., (ni"ersity o )lorida *olle#e o Law) is an author, speaker, and law
proessor at )lorida *oastal 'chool o Law. !e is also a retired (.'. Air )orce oicer. !e and
his wie ha"e homeschooled their i"e children or o"er a decade. Tony is author o The
*hronicles o +an historical iction trilo#y, as well as many le#al articles. Learn more a$out
him at http%&&www.antonykolenc.com&.
/opyright 5635, used with permission. &ll rights reserved by author. ;riginally appeared in
the &ugust 5635 issue of The ,ld 'choolhouse- .a#a/ine, the family education maga=ine.
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