What Happens to My Children if I Die
Who gets custody of a minor child when the natural parents dice? This is a question parents need to ask themselves. Normally, the surviving spouse gets custody. However, should both parents die, the reply isn't so simple, which is why it'south important to have an manor plan in identify that names a legal guardian to care for your minor kid should the worst happen. Failure to do and then can take devastating consequences, with the child ending upwardly equally a ward of the state.
Naming a Legal Guardian
A legal guardian, or conservator, is an adult who has the legal authorization to care for a child should the natural parents die earlier the child reaches adulthood. The person who has custody is chosen the guardian of the child, while the person who manages the kid's assets is chosen the guardian of the estate. This can be the same person or dissever persons. Naming a legal guardian is probably one of the hardest decisions parents have to make, only it's an important one. Unless y'all nominate a legal guardian in your will, a tertiary party with "legitimate interests" could step forward and petition the court for custody.
The Importance of a Will
Parents need to have a will to ensure their child is cared for according to their wishes. While information technology's difficult to imagine someone else raising your kid, nominating a legal guardian not but gives yous peace of heed knowing your kid will be cared for but lets you make up one's mind who that person will exist, such as a family unit member or close friend. If each parent has a split up will, rather than the 2 having a joint will, they should each nominate the same person to avoid confusion.
Guardianship is an important responsibility. Ask yourself if the person you want to nominate is emotionally, financially, and physically able to treat your child. Select two or 3 potential candidates and arrange a meeting with them to discuss your decision. It's wise to selection an alternating guardian only in case something should happen to your showtime pick. Review your decision every ii to three years in example circumstances change.
Equally a rule, the court will honor your wishes and appoint the person you lot nominate. While information technology is extremely rare, the judge can choose someone else if the fettle of the person you nominated is chosen into question.
Intestate Decisions
If the natural parents dice intestate—without a will—the court appoints a guardian. Equally a dominion, the court nominates a family member, such as a grandparent, fifty-fifty if this is someone you don't want raising your child. Without knowing what your wishes are, the court acts in the best interests of the child. Alternatively, a third party, such as a family friend, can petition the court to be appointed guardian. If the child has no surviving family members, they could become a ward of the state and enter the foster care system.
In almost states, a kid age 14 or older has a say in who is appointed his guardian. The court gives priority to the child's preference, as long equally the kid'southward option is deemed suitable.
Unmarried Living Parent
If one of the natural parents is still alive, the surviving spouse volition exist granted custody. However, in some cases, this can be detrimental for the child, especially if the surviving spouse has a history of drug or alcohol abuse, physical or mental abuse, or a criminal record. If this is the case, document the situation and give a copy to your executor. Y'all may also want to write a letter to the court stating your reasons for not wanting the surviving spouse to get custody and attach a copy to your volition. Brand information technology clear that your concern is for the protection and well-being of your kid—not because you don't like the other parent.
If the other parent has abandoned responsibleness for the child and doesn't desire custody, get a signed argument from her to this effect. Keep a copy with your will.
Managing Assets
If both parents die while the child is withal young, the parents will desire their assets to be used to intendance for their child. The parents can name a property guardian in their will to manage their assets on the child's behalf. This tin exist the same person that you nominate as guardian. The property guardian is appointed by the court and the court monitors her activities. Guardianship ends when the kid turns eighteen.
If the parents don't have a will, the child automatically inherits his share of the parent's manor. The assets are then held in an estate in the small's proper name and overseen by someone appointed by the court. The child would have access to the account. Once the kid turns 18, the assets go directly to him.
Alternatively, the parents tin can ready a pocket-sized trust and appoint a trustee to manage it. The guardian of the estate then asks the trustee for funds from the manor to care for the child. The trust doesn't automatically terminate when the kid turns 18. Instead, the parents can determine when the kid inherits.
Estate planning is often the last matter on the heed of parents with immature children. Accidents happen and you could dice, leaving backside your modest child, so information technology'southward imperative to program for the worst-case scenario.
This portion of the site is for informational purposes only. The content is non legal advice. The statements and opinions are the expression of author, not LegalZoom, and take non been evaluated by LegalZoom for accuracy, completeness, or changes in the law.
Source: https://info.legalzoom.com/article/custody-minor-child-when-natural-parents-die
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