Delaware Will – Married Person with Minor Children

Bahman Eslamboly

Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms

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Creating a Last Will & Testament is a key part of financial planning, no matter how young or healthy you may be. If you have children, it's essential to plan for their future, and a Will is of the most important legal documents you can create to ensure that they won't be entangled in a lengthy probate process.

With the right help, it's easy to create your own Will that clearly stipulates the distribution of the assets of your estate and speeds the transfer of those assets to your survivors.

This Delaware Will with Trust is an important tool for husbands and wives with minor children and estates worth less than $2,000,000. The forms are flexible and allow for a variety of circumstances; for example, if children are minors and your spouse has already passed away. The Will also creates a Trust for any minor children, and lets you make specific gifts to others as well.

Among others, this form contains the following key provisions:
  • Introduction: Contains preliminary information about the will
  • Article I: Gives the name of the spouse and any child(ren)
  • Article II: Authorizes payment of funeral and burial expenses
  • Article III: Authorizes payments of debts and expenses
  • Article IV: Disposes of specific property, primary residence and residuary property
  • Article V: Deals with the creation of a trust for any minor children if spouse dies before Testator
  • Article VI: Deals with appointment of Trustee and Trustee’s specific duties/responsibilities
  • Article VII: Deals with appointment of a Guardian and an alternate for any minor children in the event the spouse predeceases the Testator
  • Article VIII: Deals with the appointment of the Testator’s Personal Representative
  • Article IX: Designates the powers of Executor and Trustee
This attorney-prepared packet contains:
  1. Checklist and Instruction for Will – Married Person with Minor Children;
  2. Information about Wills; and
  3. Will – Married Person with Minor Children with self-proved affidavit
State Law Compliance: This form complies with the laws of Delaware

Delaware Will – Married Person with Minor Children

Product Details

Product Delaware Will – Married Person with Minor Children
Country United States
Pages 17
Dimensions Designed for Letter Size (8.5" x 11")
Printer compatibility Designed to print on all ink-jet and laser printers
Editable Yes (.doc, .wpd and .rtf)
Format Microsoft Word
Adobe PDF
WordPerfect
Rich Text Format
Platform Windows Compatible
Mac Compatible
Linux Compatible
Availability In Stock. Instant Download
Usage Unlimited number of prints
Category Wills for Married Persons With Minor Children
Product number #18978
Download time Less than 1 minute (approx.)
Document Access Via secret online address
Email with download links
Email with attachment upon request
Refund Policy 60 days, no-questions asked, 100% money back guarantee

Frequently Asked Questions

This document is a legal instrument that outlines how a married couple's assets will be distributed upon their death, specifically tailored for those with minor children. It includes provisions for guardianship and the establishment of a Trust for the children.

A Will is crucial for parents as it allows them to designate guardians for their children and manage how their assets are handled. Without a Will, the court may decide on guardianship and asset distribution, which may not align with your wishes.

Yes, you can modify your Will at any time as long as you are of sound mind. It is recommended to consult with a legal professional to ensure that changes are made correctly and comply with state laws.

If you die intestate (without a Will), Delaware law dictates how your assets will be distributed, which may not reflect your wishes. This could lead to lengthy probate proceedings and potential disputes among family members.

Yes, this Will form is designed to comply with the specific legal requirements of Delaware, ensuring that it is valid and enforceable in the state.

A Trust for minor children is a legal arrangement that allows assets to be held and managed for the benefit of the children until they reach a specified age or milestone. It provides financial security and ensures responsible management of the assets.

You can appoint anyone you trust to be a Guardian for your children, such as family members or close friends. It is important to discuss this decision with the potential Guardian beforehand to ensure they are willing to take on this responsibility.

Is This Form Right For You?

Use This Form If:

  • Individuals who are married and have minor children often require a Will to ensure their children's future is secure in the event of an unforeseen tragedy. This document allows them to designate guardianship and manage their estate effectively.
  • Situations requiring the establishment of a Trust for minor children arise when a spouse has passed away. This Will provides a legal framework to manage the assets for the benefit of the children until they reach adulthood.
  • For those with an estate valued under $2,000,000, creating this Will can streamline the probate process and minimize potential disputes among heirs. It clearly outlines asset distribution and responsibilities of the appointed Trustee.
  • Couples looking to make specific gifts to family members or friends can utilize this Will to ensure their wishes are honored. The document allows for clear instructions on how personal property should be handled after their passing.
  • Parents who wish to avoid lengthy legal battles over guardianship can use this Will to appoint a trusted Guardian for their minor children. This ensures that their children are cared for by someone they trust in the event of their untimely death.

Do Not Use If:

  • This form is not appropriate for individuals without minor children, as it is specifically designed to address the needs of married couples with dependents. In such cases, a simpler Will may suffice.
  • If your estate exceeds $2,000,000, this Will may not adequately address the complexities of your financial situation. High-net-worth individuals should consult with an estate planning attorney for tailored solutions.
  • For those who have complex family dynamics, such as blended families or estranged relationships, this form may not cover all necessary considerations. Custom legal advice is recommended to navigate these situations.
  • If you are seeking to create a Will that includes specific provisions for business interests or complex asset distributions, this form may not be suitable. Specialized legal documents may be required to address these needs.
  • In cases where there are ongoing legal disputes regarding guardianship or inheritance, using this form may not resolve existing conflicts. Legal counsel should be sought to address such disputes.

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