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Planning for Children

Who decides on guardianship for my children if I die without a will?

Planning for Children

As a parent, you can name a guardian for your children in your will. Even though a court will still need to approve your choice, your wishes would typically be followed, particularly if there is no conflict in guardianship with another legal parent.

When parents don’t leave a will, the court will decide on a guardian for you, using a “best interest of the child” standard. Because the court’s choice may not be your choice, your best chance for making sure that your wishes will be followed is to name a guardian for your children in a properly constructed and executed will.

In addition to choosing your children’s guardian, you can make sure that your children will be properly taken care of financially by using a “family trust” to benefit your children.

For more information about the importance of wills and family trusts for families with children, please click on the following links:

HOW A WILL PROTECTS YOUR YOUNG FAMILY (video)

 PROTECTING YOUR FAMILY WITH A FAMILY TRUST (article)

Call for a consultation (336) 768-0481

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