What Happens If You Die In Texas Without Naming a Guardian for Minor Children?

If you have minor children, you know how important it is to plan and prepare. One difficult part of parenting that many parents find tough is thinking through what happens to your children if something ever happens to you. If you were to die or become incapacitated, who would take care of your kids? And how does this question relate to estate planning?

Last Will and Testament

Ideally, your last will and testament will name a person that can take responsibility for your kids if you die or become incapacitated. You need a guardian for minor children. You should discuss this possibility with the person you name beforehand, making sure you are both on the same page.

Also in an ideal world, you will have a trust set up for your children; the person you name as caretaker can then have access to the trust in order to provide for your children financially in the short- and long-term futures.

Court-Appointed Guardian For Minor Children

If you were to die without including this provision in your estate planning documents, a court will have to step in to appoint someone to take care of your children. The court will likely choose a surviving family member, such as a grandparent or an aunt or uncle.

The reality, however, is that it takes the court time to go through the necessary proceedings to appoint a guardian. In the meantime, it could be legally unclear who has the right or responsibility to take care of your kids.

If multiple relatives or close friends think they should be the one to care for your child, a fight could ensue in court. Even worse, if no one thinks it is their responsibility to care for your child, the court could be forced to put your child in a state-run program such as foster care.

Planning for the Worst-Case Scenario

Even though it might be unpleasant to think through, plan for what would happen to your children should the worst-case scenario arise. Talk with an experienced Houston estate planning attorney that can help you include a provision in your last will and testament that takes care of your children. Give your children the gift of good planning, should they ever need another place to call home.

Do You Need an Abilene Estate Planning Attorney?

Attorney Sydney Key of Blizzard and Zimmerman Attorneys follows an holistic strategy to give our clients what we fill are the best legal services Texas has to offer. If you need a knowledgeable and empathetic estate planning attorney to help you at any state of the estate planning process, know that you can lean on us.

We are proud to not only offer skilled legal services but also peace of mind.