Providing Peace Of Mind
For You And Your Family

What happens to your minor child’s care if you do not have a will?

On Behalf of | Feb 15, 2024 | Estate Planning, Wills And Trusts |

When considering the future and well-being of your child, one of the most profound acts of care you can do as a parent is to prepare for all eventualities, including passing away.

With this, you may want to consider including a will in your estate plan to express your wishes for your child in case of your death. Part of your consideration should be understanding the potential consequence of not having a will as a parent.

Leaving your child’s future in another’s hands

With a will, you can determine guardianship for any minor children of yours. Specifically, you can nominate a particular person you trust to care for your minor child if you pass away.

Conversely, without a will, the guardianship determination will be left up to judges. This is not totally a terrible thing since courts choose guardians based on a careful consideration of the factors affecting the child’s best interests.

Nonetheless, a will gives you control when deciding on your child’s care, especially since you know your child’s needs best as well as the people around you. With a will, you can specify your preferences for who should assume guardianship of your children, thus providing a clear directive to the courts and helping avoid potential disputes among family members or other interested parties.

Moreover, the court can strongly consider your nomination as long as it is in the child’s best interests.

Proactive planning

Preparing for the inevitable through estate planning can provide you and your family peace of mind. It is advisable to seek legal advice when drafting your will. A qualified attorney can help you outline your wishes clearly and ensure your will is in accordance with the laws. By having the right resources, you can create a comprehensive plan that safeguards your children’s well-being and reflects your intentions as their parent as accurately as possible.