Protect Your Kids from the “Legal Gap”
Life is messy, and when the unthinkable happens, the legal system is often too slow to help. A recent Michigan case, Sartor v. Johnson, proved that even if you have sole custody, your child’s future can still end up in a judge’s hands the moment you’re gone. A basic will simply isn’t enough to stop the chaos.
Why a Will Isn’t Enough
In the Michigan case, a father’s death triggered a custody battle with an absent mother. While relatives eventually won, it took a grueling court process. Without your specific “why” documented, a judge who doesn’t know your family is left to make the most important decision of your child’s life.
The Critical First 24 Hours
If you were in an accident today (chas v’shalom), who could legally pick up your kids or talk to their doctor? Most parents are shocked to learn that without immediate legal paperwork, even a grandparent can be turned away. This “gap” is how children end up in the care of strangers or protective services while the courts scramble to catch up. If you name your “short-term” guardians in your trust, they can act the second an emergency happens.
Ensuring Your Voice is Heard
If there’s someone you absolutely wouldn’t want to raise your child, you can’t just hope for the best. Through a confidential exclusion affidavit, we can document exactly why certain people aren’t the right fit. It keeps your concerns private but ensures the court understands your perspective if they ever have to decide on your behalf.
Monet Binder, Esq., has her practice in Queens, dedicated to protecting families, their legacies, and values. All halachic documents are approved by the Bais Havaad Halacha Center in Lakewood, under the direction of Rabbi Dovid Grossman and the guidance of Harav Shmuel Kaminetsky, shlita, as well as other leading halachic authorities. To learn more about how a power of attorney can help you, you can send her an email at This email address is being protected from spambots. You need JavaScript enabled to view it. or call 718-514-7575.
