Tag Archives: minor children

Guardian of the person: Minor child

A guardian of the person has day-to-day responsibility for your minor children, assuming the role of a substitute parent when you die.

Q. How is the guardian of the person appointed?
A.When you die, someone must petition the court to be appointed as the guardian of the person.  You have the right to nominate a guardian of the person to take care of your children when you die.  The court will normally defer to that person as the guardian of the person and the guardian of the estate.  However, other individuals have the right to petition the court to serve in these roles.  If this should happen, the court will examine who best will protect the interests of the minor(s) and appoint that person as guardian.

If you don’t nominate a guardian, the court will do it for you, according to state rules of preferences.  A surviving parent usually comes first, followed by grandparents, if neither parent is alive.

Fact: Surviving parent rights
If one parent dies, the surviving parent continues to have the right to take personal care of minor children.

When a divorced or single parent dies, the court generally appoints the surviving parent as guardian of the person for a minor or disabled child, even if the deceased parent would have been opposed to that.

Plan For Death

"Just a little bit of planning made my live so much better."

"Just a little bit of planning made my life so much better."

FACE THE FACTS!

Dying is not just an emotional event in our life, it is a major financial event as well.  Consider the following possible financial consequences of your death:

  • The paperwork and legal procedures required to settle your estate can cost your family four to eight percent of your net worth.
  • If probate is required, your family’s inheritance can be delayed for months, and in some cases, several years.  During the probate process, the courts decide when your family can sell your personal residence.  Even though your children can’t afford to pay the mortgage.
  • Contract law may override the instructions in your Will or Living Trust
  • Giving your share of your estate directly to your spouse may cost your family hundreds of thousands of dollars.
  • If you or your surviving spouse die without a will, most state intestate laws do not provide for stepchildren.
  • Naming a minor child as a beneficiary can subject the supervision of their money to the probate court.  For a fee.
  • Giving money directly to a minor child with special needs can make the child ineligible for government benefits.
  • Your business may go out of business because no one know how to access digital records.
  • The beneficiary choice of per capita or per stirpes may accidentally disinherit a grandchild
  • Your choice of a beneficiary for your 401(k) or IRA retirement accounts can dramatically change the after death tax deferred value of these accounts.
  • If you don’t have long term care insurance, you must use your assets to pay for long term care.  There may be no assets when you die.
  • Life insurance proceeds may be part of your taxable estate.  If your estate is subject to the federal estate tax, almost half of the life insurance proceeds may be needed to pay the estate tax on the insurance proceeds.

ESTATE PLANNING

When someone dies, a series of laws and rules determine who has the legal authority to manage the decedent’s financial affairs.

These rules and documents also determine your beneficiaries and the cost, time and effort it will take to settle your estate when you die.  Planning now will save your family money later.

These resources are useful when making plans to keep your money when you die: