Part of being a parent includes planning for unthinkable situations. If you are no longer alive to fulfill the responsibility of raising your children, a legal guardian takes over if both parents die before a child turns 18 years old. If you have a Will, make sure you name both a legal guardian and alternate guardian for your children just in case your first choice cannot or will not accept the responsibility.
If a Will has not been written at the time of the parents' death, the court will decide who becomes the child's legal guardian. Friends and family members can nominate themselves for the position and a judge will determine who is best suited for the job. Children do not automatically go to a grandparent or sibling.
If you are not married to the child's other parent, and the Wills do not name the same person(s), the judge will determine which guardian has the best interest of the child based on court hearings. If both unmarried parents cannot agree, it is still advisable to name your chosen guardian in your Will. This way, a judge will have several guardians to choose from, rather than none at all.
Many factors should be considered when selecting a legal guardian. Sitting down with a list of candidates and discussing the pros and cons of each person with the child's other parent is advisable. Once you select a guardian, talk to them about your wishes and financial plans for the children. This should not be a surprise in the event of your death.
Bradford Miller Law, P.C. can prepare all your estate planning documents and keep them updated. We will offer advice, and keep your estate plan current with the laws governing estate planning. And, you have the satisfaction of knowing that your affairs are in order, per your wishes. Visit our website for helpful information regarding Estate Planning and give us a call at 312-238-9298 for a FREE 15-minute consultation.
Posted by Bradford Miller Law, P.C.
Practicing in Real Estate Law, Landlord Tenant Law and Estate Planning
134 N. LaSalle Street, Suite 1040
Chicago, Il 60602
312-238-9298
http://www.bradfordmillerlaw.com
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