If you are a parent of minor children, you need a will!
Although parents often have their children baptized and assign godparents, legally, those godparents cannot be your child(ren)’s guardian if something happens to you or the other parent.
Only one Parent Dies
If only one parent dies, the surviving spouse or parent will generally be selected to be the guardian of the child(ren). Usually courts favor biological parents as the guardian unless the surviving parent is unfit or incapable of doing so.
If Both Parents Die
If the parents nominate a guardian in their will or in a separate document, the court will take this under consideration and give great weight to the deceased parents nomination. A nomination in Durable Powers of Attorney serve the same purpose in cases where the parents become so disabled that they cannot care for the children.
E-mail us at firstname.lastname@example.org to receive a free copy of our “12 Tips to Help Select a Guardian” or “Guidelines for Guardians“.