When you are divorced from the other parent of your minor children, it is still important to name a guardian in your will for those children. Even though in most cases the court will give custody of the children to the other parent, there are still some things you will want to take into consideration.
If something should happen to the other parent and they did not have a will naming a guardian for the children, the court can refer to your will. In the event that neither parent named a guardian for their minor children, it will fall to the court to decide who should be appointed as their guardian, and this may not be someone that you would want caring for your children.
Another reason why it is a good idea to name a guardian for your children is that even if the other parent has a will that names their preferred guardian, the court will still take into consideration what is in your will. In many cases the court will evaluate the people named by both parents to decide who would be best suited for the responsibility.
In addition to naming someone as a guardian to your minor children, another consideration is who will be responsible for any inheritance you plan to leave to your children. In most cases the inheritance will be left to minor children through a trust, but you need to decide who will act as trustee. If you don’t have a trust for your children’s inheritance, the court may make this money available to the other parent. Some people are comfortable with this while others are not, especially if the relationship with the other parent is not good.
To avoid any problems with your children’s inheritance you will want to consult an attorney experienced in estate planning. Ask what the best method is to keep your children’s inheritance safe and to ensure you have named someone as guardian for your children.
Larry Parman
Founding Attorney
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