If you were to pass away unexpectedly, what would happen to your children? You need to be sure that there will be an appropriate guardian for them, and if you don’t want to just leave that up to the courts then you’ll have to name a guardian yourself. A Rockland County estate planning attorney from our firm can tell you how to do this.
Can I Name a Guardian For My Children in My Will?
When you write a will, you can name a guardian for your children in that document. This is a good idea because a will already has to follow some rules to become enforceable, so as long as you do everything right you have made it clear what your wishes are.
If you pass away, the Surrogate Court judge will take your wishes into account and approve the guardianship. The court does act in the child’s best interest though, so if you have chosen a completely unsuitable guardian the court could make its own plan.
What Should I Consider Before Naming a Guardian?
When you choose a guardian for your kids, you need to make sure that they have the right qualities and that they are ready for the responsibilities. Some factors to consider include:
- Their existing relationship with your kids
- A guardian candidate’s age and health
- The candidate’s existing family situation
- How financially responsible the candidate is
- The location of the candidate (would children need to change schools?)
It’s also important to remember that you can choose two different people to care for your children. One can get custody while the other helps the kids manage the money left behind for them until they are considered adults. This can be a good idea when your potential guardian is great with your kids but not as financially responsible as another potential candidate.
What Are Some Common Mistakes to Avoid When Naming a Guardian?
Some people make mistakes when choosing who should take care of their kids. Common errors include:
Not leaving behind instructions: You should make it clear what your wishes for your kids are and leave behind any important information that could help a guardian and everyone else adjust to a new situation.
Forgetting to review their plans every few years: Some relationships change or people move away. Someone who may have been a good candidate to care for your children at one point might no longer be a good fit for whatever reason. So reviewing your estate plan every once in a while and updating it if needed is a good idea.
Not naming alternates: You should name a guardian, but you should also pick a backup in case something unexpected happens. If your candidate passes away before you do and you do not get the chance to update your estate plan, then the court gets to make this decision for your family.
Talk to Our Estate Planning Lawyers
If you have any questions about choosing a guardian or making sure that your wishes are legally enforceable, contact the Lauterbach Law Firm. We can help you address every aspect of your estate plan, including what happens to your minor children if you were to pass away.