Book A book icon Megaphone A megaphone icon Chat A chat bubble Calendar A calendar symbol Calendar alternative A calendar symbol Menu A menu symbol for navigation print A computer printer symbol Location A map location marker Location alternative A map location marker Phone A phone symbol User A human silhouette indicating login Document A document symbol Facebook Facebook social media icon Facebook Facebook social media icon Twitter Twitter social media icon Twitter circled Twitter social media icon YouTube YouTube social media icon YouTube YouTube social media icon YouTube Play icon YouTube social media icon Vimeo Vimeo social media icon Vimeo circled Vimeo social media icon LinkedIn LinkedIn social media icon LinkedIn circled LinkedIn social media icon Instagram Instagram social media icon Instagram circled Instagram social media icon Pinterest Pinterest social media icon Pinterest circled Pinterest social media icon Mobile A mobile phone Tablet A tablet symbol Laptop A laptop computer symbol Desktop A desktop computer display Pencil A pencil symbol Ok A checkmark symbol cancel-circle A X symbol Plus An addition symbol Minus A subtraction symbol Heart A heart symbol Star A star symbol Videocam A video camera symbol Caret A small triangle symbol Newspaper A newspaper symbol Cart A shopping cart Tools A hammer and a wrench symbol Flag A flag symbol home home-desc Photo A photograph symbol Audio A speaker with sound symbol Cog A group of cogs symbol RSS A RSS feed symbol Comment A speech bubble symbol Link A chain link symbol Export An export arrow symbol Envelope An envelope symbol Search A magnifying glass symbol Info An information symbol Info circled An information symbol Help circled A question mark symbol Clock A clock symbol Globe A globe symbol Globe alternative A globe symbol none none

Who will take care of my kids if I die?

I met with a couple in their mid-thirties last week.  They are planning their first vacation without their small children and realized they had no written estate planning documents.

Frantic, they came to me to get a will or something "simple" to "cover" them in the event they both died in some tragic accident.

After sorting out what assets they had and how they wanted it distributed, I asked them about who would take over the parenting of their kids if they both passed away.  They looked a bit surprised, and told me they assumed the kids' grandparents would work things out.

I told them that in California, absent the written wishes of the parents, the probate court system decides who gets legal guardianship of minor children. This means that even the best of loving relatives will be subject to the scrutiny of the probate court if the parents fail to name a guardian or guardians in writing.

Luckily, they discussed it with both sets of parents and I was able to clearly state the guardian designations, both primary and contingent, in their wills.  Now, in the unlikely event that a tragedy occurs, who will raise their children is detailed in their wills.
 
Comments
Blog post currently doesn't have any comments.