How to Choose a Guardian for Your Children When Planning Your Estate

By eHow Legal Editor

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It's not fun to think about what will happen to your family after your death, but the fact is that most parents die before their children. If you're planning your estate and have young children, one of the most important decisions you'll have to make is who will become guardian of your children if you pass away before they are adults.

Instructions

Difficulty: Moderate

Things You’ll Need:

  • Lawyer
  • Will
Step1
Choose a friend or family member who is young and in good health so that he or she will be able to care for your children for the remainder of their lives.
Step2
Consider a guardian who is not already overwhelmed with responsibilities.
Step3
Ask your children to name adults they feel close to.
Step4
Ask the potential guardian before writing them into your will. It is best to find a guardian willing to take the children. You don't want to designate someone who will refuse that duty and throw your children into the foster-care system.
Step5
Look for a guardian who lives nearby or would be willing to move into your house so that your children will not have to move.
Step6
Update your will often. People's life situations change, so you should be sure that the guardian you've chosen in the past is still appropriate.
Step7
Provide for other necessities (such as money) to be available to the guardian to be used for your children.

Tips & Warnings

  • Update your will to reflect major life events—for example when you have another child or when your children grow up and become independent.
  • Avoid your children getting into messy legal battles with guardians by providing money for them in trust funds.

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eHow Article: How to Choose a Guardian for Your Children When Planning Your Estate

eHow Legal Editor

eHow Legal Editor

Category: Legal

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