Whenever my husband and I travel without our children, I reevaluate our estate plan, specifically thinking about who would parent our children if something happened to us. As time progresses, my thoughts change, as have my children and the people I would entrust with them.
So, what happens when you die when your children are minors? If the other parent is still living, nothing happens. The surviving parent continues to act. If both parents pass away, the Will nominates a guardian; however, the Guardian still must apply through the court and have a court hearing. The court will appoint the person you’ve nominated unless that person fails to qualify for some reason under the law.
Whom should you choose, and what should you consider? There are numerous factors to contemplate, and a few are listed below.
- Kids need as smooth of a transition as possible; if both parents pass away, children will be in crisis. Keeping things as consistent as possible will be best.
- Location- keeping children in the same community, school, church, activities, friends and support system will ensure there aren’t additional stressors of a relocation.
- Parenting- If possible, choose people who share your parenting style and people who are willing to integrate your children into their lives and treat them like their own.
- Values- You are working to instill your values in your children. You want to choose someone who will continue this legacy. Is this family? Maybe, maybe not. Friends are definitely an option. You know what is best for your family.
- Does age matter? Should you choose your parents? Choose the person who you think would parent your children best now. You can always change your mind in the future. You can’t possibly know what things might look like in 10 years, but you know how they are today.
Is there ever a perfect decision? No, but there is usually an acceptable solution.
