Tom and Tina think they don’t need to do any planning for death; they’re too busy taking their children to band practice, music lessons, sports and too many other activities to list. And Tina and Tom know that their friend Connie would do that and more to care for their kids if something happened to them.
The problem is that the court does not know that. If Tom and Tina did pass away unexpectedly, the court would be the one who needs to know.
If Tom and Tina have not designated Connie to be guardian, the court will simply not know that Connie would be better than Tina’s brother Ron to take care of the children.
The problem is that Tom and Tina don’t like the way Ron teases their children in a way that feels aggressive to them. So the question is, who is going to tell the court that?
Tom and Tina are the best people to decide whoever is best suited to take care of their children. And they can leave clear directions to the probate court through proper legal documents. The most common way is through a Will.
If they do that, the court would know to look to Connie first and to consider Ron only if Connie was not able to or should not serve as guardian.
Designating a guardian for your children is an important part of being a parent. For help doing so properly, call our office at (815) 436-1996 for an estate planning appointment.
© 2014 Gruber Law Office, Ltd.