What Happens to My Child if I Die
Who gets custody of a minor child when the natural parents die? This is a question parents need to ask themselves. Usually, the surviving spouse gets custody. However, should both parents die, the answer isn't then simple, which is why it's important to take an manor plan in place that names a legal guardian to care for your modest child should the worst happen. Failure to do then can have devastating consequences, with the child ending up equally a ward of the country.
Naming a Legal Guardian
A legal guardian, or conservator, is an developed who has the legal authority to care for a child should the natural parents die before the child reaches machismo. The person who has custody is called the guardian of the kid, while the person who manages the child's avails is chosen the guardian of the manor. This can exist the aforementioned person or divide persons. Naming a legal guardian is probably ane of the hardest decisions parents have to make, but it's an of import one. Unless you nominate a legal guardian in your volition, a third party with "legitimate interests" could step frontward and petition the court for custody.
The Importance of a Will
Parents demand to have a will to ensure their child is cared for according to their wishes. While it's hard to imagine someone else raising your child, nominating a legal guardian not simply gives you lot peace of heed knowing your child will be cared for simply lets yous determine who that person volition exist, such as a family fellow member or close friend. If each parent has a dissever will, rather than the two having a joint will, they should each nominate the same person to avoid confusion.
Guardianship is an of import responsibility. Ask yourself if the person y'all desire to nominate is emotionally, financially, and physically able to care for your child. Select two or 3 potential candidates and adapt a meeting with them to discuss your decision. It's wise to pick an alternate guardian just in case something should happen to your first option. Review your conclusion every two to three years in case circumstances alter.
Equally a dominion, the courtroom volition honor your wishes and appoint the person you nominate. While it is extremely rare, the judge tin choose someone else if the fitness of the person y'all nominated is chosen into question.
Intestate Decisions
If the natural parents die intestate—without a volition—the court appoints a guardian. As a rule, the court nominates a family unit member, such as a grandparent, fifty-fifty if this is someone you don't want raising your kid. Without knowing what your wishes are, the court acts in the all-time interests of the child. Alternatively, a 3rd party, such equally a family unit friend, can petition the court to be appointed guardian. If the kid has no surviving family members, they could go a ward of the state and enter the foster care arrangement.
In virtually states, a child age 14 or older has a say in who is appointed his guardian. The court gives priority to the child'south preference, every bit long as the kid's choice is deemed suitable.
Single Living Parent
If i of the natural parents is still alive, the surviving spouse will be granted custody. Even so, in some cases, this can be detrimental for the kid, particularly if the surviving spouse has a history of drug or alcohol abuse, concrete or mental abuse, or a criminal record. If this is the case, document the state of affairs and give a copy to your executor. Yous may also desire to write a alphabetic character to the courtroom stating your reasons for non wanting the surviving spouse to get custody and adhere a copy to your will. Make it clear that your business organization is for the protection and well-being of your child—not considering you don't like the other parent.
If the other parent has abandoned responsibleness for the child and doesn't desire custody, get a signed statement from her to this effect. Keep a re-create with your will.
Managing Assets
If both parents die while the child is notwithstanding immature, the parents will want their avails to be used to care for their child. The parents can name a holding guardian in their volition to manage their assets on the child's behalf. This can be the same person that yous nominate every bit guardian. The belongings guardian is appointed by the court and the court monitors her activities. Guardianship ends when the child turns eighteen.
If the parents don't have a volition, the child automatically inherits his share of the parent's estate. The assets are then held in an estate in the minor'southward name and overseen by someone appointed by the court. The child would have access to the account. Once the child turns eighteen, the assets go direct to him.
Alternatively, the parents tin can gear up a minor trust and appoint a trustee to manage information technology. The guardian of the estate then asks the trustee for funds from the manor to intendance for the child. The trust doesn't automatically terminate when the kid turns xviii. Instead, the parents can determine when the child inherits.
Manor planning is often the last thing on the mind of parents with young children. Accidents happen and you could die, leaving behind your minor child, and then it's imperative to program for the worst-case scenario.
This portion of the site is for advisory purposes only. The content is not legal advice. The statements and opinions are the expression of author, non LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the police force.
Source: https://info.legalzoom.com/article/custody-minor-child-when-natural-parents-die
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