When my husband and I arrived in the Valley almost 23 years ago, we were overwhelmed with information about countless new things we needed to take care of. Everything seemed, in everyone’s eyes, very, very important: choosing health insurance, understanding that here it’s you, not your employer, who contributes to your pension, making sure both of us had life insurance, getting insurance even for Zara, the dog we brought with us, and opening 529 plans for the children the very moment they were born. The list of tasks and responsibilities seemed endless.
One thing, though, completely paralyzed me. When I was pregnant, an acquaintance I had just met came over, stroked my belly, and excitedly asked about my doctor, which hospital I had chosen (“Why not Stanford?”), and which tests I had done (“How come you didn’t know about all the new genetic tests?”). And then, without any warning—while patting my belly again—she said: “Well, I’m sure you’ve heard that the very first thing you need to do here, even before getting your baby a passport, is to write a will.”
There was silence. And the kick I felt from the baby at that moment—I’ll never forget.
We wrote a will, and we had to think about many things we had never considered before. It was hard.
It is crucial to understand the legal framework when it comes to guardianship, access to medical information, medical decision-making, and estate planning—including estate taxes and the costs of probate if a person has not established a trust.
Once you understand these issues and the legal system behind them, you can begin to consider several important points:
Appointing a temporary guardian – to prevent a situation where minor children are immediately placed in foster care under the supervision of U.S. social services, until the permanent guardian arrives and receives proper legal appointment from the court.
Appointing a permanent guardian – it is recommended to name more than one temporary and one permanent guardian, in case the first choice is unable to accept the role.
Authorizing a trusted person to access medical records and make medical decisions on your behalf if you are legally incapacitated. A spouse or family member does not automatically have the right to access information or make such decisions unless explicitly designated in the proper legal documents.
Appointing an Executor (and Trustee) who is a U.S. resident and either a U.S. citizen or a green card holder. Appointments of non U.S. persons may not be approved, or they may carry additional tax implications.
Writing a will, appointing guardians, and taking responsibility for your children’s future cannot be pushed aside. These must remain at the top of our priorities. Unlike many other tasks, when this one is completed the sense of relief and satisfaction—that we have taken responsibility and ensured the well-being of those dearest to us—is unlike almost anything else on the “to-do” list.
Written by Einat Arbel, Attorney at Law, practicing in the areas of estate planning, guardianship nomination, wills, and inheritance planning for international clients.
The above does not constitute legal advice and should not be considered a substitute for legal counsel. For legal advice, please consult a licensed attorney. Nothing in this article creates an attorney-client relationship.