Naming someone in your Will to Care for Your Minor Children


Like you, I have children under the age of 18.  You probably concerned with what would happen if you and your spouse die at the same time. What would happen to your children if there is a terrible car accident? If you are a single parent and the other parent is dead or cannot be found, you may also worry about what would happen to you children if you were to die.

If you die intestate, or without a will, the court will appoint a \”personal guardian\” if there are no parents who can be responsible for your children\’s care. If you have a will, you can appoint a person be your child\’s personal guardian and also a successor guardian who would be responsible as a backup guardian.

The court has final authority to appoint a legal guardian for your children even if you name a guardian in your will. Generally, the  court will consent to your wishes if it is not opposed by anyone unless there are reasons to do so.  For example, if the guardian you appoint is a registered child offender or a drug addict.


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