Consider these factors as you carefully plan for child guardianship in your will.
When estate planning as parents, there are numerous factors to consider. While you want to ensure your property will be appropriately taken care of after your death, you also need to discuss how your children will be impacted. Specifically, who will take care of minor children and assume legal guardianship if the parents should both pass away when the children are young? If you are a parent ready to draw up your estate plan with The Millman Law Group, consider the following elements of child guardianship to make the best decisions for your family.
The Importance of Determining Guardianship
Determining child guardianship is a matter that should not be taken lightly. If you and your spouse were to die before your children turned 18, the legal guardian you select would step in to provide care for your children in your place.
Without proper guardianship planning, there is a risk that the court may place your children with a relative you would not have preferred. In some situations, the children may even be placed in foster care. To avoid extra pain and confusion for your children, it is essential to have a guardianship plan in place.
How Do You Choose a Guardian?
When planning for child guardianship in your estate plan, the most important thing to consider is what is right for your kids. You can select almost anyone to be the guardian, including friends and distant relatives. You may have a relative who wants to assume guardianship, but you should not feel pressure to appease this relative if you don’t think they are best for the role.
You should consider the long-term potential of your chosen guardian. If your children are young now, you should select someone unlikely to die or become incapacitated before your children turn 18.
It can also be helpful to name backup guardians. If the time comes to use your first guardian and they cannot care for the children, you would have a backup that works equally well.
Will the Court Follow My Wishes?
The courts are generally inclined to abide by the deceased’s wishes unless there are strong objections made by other parties or circumstances that make the assigned guardianship impossible.
However, by naming a guardian in your estate plan, you are telling the court that you trust this individual. Unless serious problems occur with your guardian, the court is likely to affirm this arrangement.
How Do I Add Child Guardianship to My Estate Plan?
Whether you already have an estate plan or are about to create one, you can discuss guardianship with your Millman Law Group lawyer. Because this matter is so crucial, you should always consult with a legal professional and have this person prepare the correct paperwork. Child guardianship is one of the most critical parts of your estate plan and should be arranged by a lawyer you can trust.
Estate Planning Made Easy With Millman Law Group
Millman Law Group, PLLC is rare because it’s one of the only law firms that offer life planning in South Florida. From life care planning to the preparation of detailed estate plans, Millman Law Group has committed to serving Floridian elderly communities in Boca Raton, Palm Beach County, Ocean Ridge, Hillsboro Beach, and many other areas since 2018. Our dedicated team also specializes in special needs trusts and catering to any age demographic because we know for certain it’s never too early to start preparing you and your family for your future. For the latest news in estate planning and elder care law, follow us on Facebook, Twitter, Linked In, and Pinterest. You can also contact us at 561-463-6480.