Picking Guardians for Your Kids in Your Last Will and Testament
You may be reluctant to get started with estate planning simply because you don’t know who to appoint in your will as guardian for your minor children, should you die earlier than you expect to. The bottom line is, it is better for you to select a guardian now than for a court to appoint one after you’re gone. It is also important that both parents select the same guardian(s) in their respective wills. Following are some pointers:
Consider the location of each of your guardian candidates, because this is where your children will likely live. Location is particularly important if your child will have to change schools.
Consider the finances of your guardian candidates. Raising children doesn’t get any cheaper as the children get older.
Take your proposed guardian’s parenting skills (or lack thereof) into account. Does your guardian candidate have experience raising children? If so, how have they turned out so far?
Don’t select a guardian who is too young or too old. It might be tempting to select the children’s grandparents, but will they live long enough to see your child grow up? Are they too tired to raise children?
Do not pressure anyone into accepting a guardianship, and do not allow anyone to pressure you into naming them as a guardian.
Name an alternative guardian, in case one passes away before all of your children reach the majority. You might even want to name second and third alternates.
Name co-guardians, if you want your children raised by a couple.
Include a “Do Not Select” list of who you do not want to be chosen as guardian, in case none of your named candidates are able to serve and the court has to make its own decision.
Obtain consent, preferably in writing, from each person you intend to name as a guardian, co-guardian or alternate guardian. Spend time discussing the guardianship with each of your guardian candidates.
Name each child individually in your will. Don’t just refer to “my children.” Of course, you will need to update your wills if a new child is born.
Make it clear which is more important--that a particular guardian cares for your children, or that your children all live together. A court might have to choose between these two options.
Include detailed instructions on how you want your children to be raised--religious instruction, education, etc. In this respect, it is important that you choose a guardian that already shares your values.
What Happens If You Die Without Selecting a Guardian
If you die without naming a guardian, the court will have to make the decision for you. This is not a good idea, since it is unlikely that the judge is personally familiar with any of the possible candidates. If you are divorced, the court might name your ex-spouse even if there is no biological relationship. There is no guarantee that the court will name a close family member.
Contact Masumi Patel for Help With Your Estate Planning Needs
Designing a solid estate plan requires a lot of knowledge about California trusts and estates law, combined with more than a little forethought about how California’s trusts and estates law can be used to create your one individualized estate plan. Contact the Law Office of Masumi Patel immediately to schedule a consultation. I will be glad to answer your questions so that we can explore your options together.