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Who will raise the children if both parents pass away?

| May 28, 2018 | Firm News |

It is something you and spouse never even considered. The thought of not being around to raise your children. It just cannot happen. Someone must raise them, be there for them and support them. Unfortunately, it is true for some couples. So, you must consider the possibility. Who will raise your children if and you and your spouse die?

Your children’s future depends on if you took time to write a will or not. When you write your will, you will need to decide who to designate as your children’s legal guardian.

Choosing a guardian

  • The guardian you select should meet your needs when it comes to raising your children.
  • You should consider the guardian’s age, whether they are married, their health, where they live and whether they can care for your children financially.
  • You should consider if your children get along with the guardian and if they feel comfortable around them. If you care about the way your children are raised morally or religiously, you should think about that as well.

If that person is not willing or able to perform the duty as the guardian, you probably should consider a second choice called an alternate guardian.

What happens if you do not have a will?

If you do not have a will at the time of your death and have not appointed a guardian for your child or children, friends and family members may come forward. However, ultimately it is the judge’s decision on who the guardian will be. The judge may consider evidence as to what is in your children’s best interest. The children may not automatically go to live with a sibling, grandparent or even a godparent. The judge will determine who of the relatives is ready to be a guardian for your children. If you do not have any relatives or friends who could possibly step up to take care of your children, then the judge must decide that as well and appoint someone else to do it.

The financial part

You can also put a plan in place to take care of your children financially in your will. You may have someone in charge of your children and another person in charge of your money. This is called the guardian of the estate. The reason to divide this is because the person may be better at managing money than they are at managing your children. It just depends on your wishes.

No parents want to ever think about the possibility of not being there for their children. But it does happen. So just make sure you and your spouse are prepared if that day ever does come.