Best Probate Attorneys in Gary, IN

Estate Planning & Legal Guardianship: What Happens To The Kids When I’m Gone? Most people create an estate plan to handle the various financial matters that will likely arise after their passing, but there are other factors that are just as important. One that many fail to consider is establishing a legal guardian for their children. While not necessary if they either have no children or all of them are adults, people with minor children absolutely cannot afford to ignore this part of the estate planning process. Obviously, when a parent dies, the surviving spouse usually gets custody of their children. However, should both parents die or otherwise be unavailable, things become far more complicated. While you might think that it’s obvious who you would want to care for your child when you’re gone, if you don’t put your wishes into writing, it can easily lead to confusion and conflict. As with other aspects of the estate planning process, it will save your loved ones a lot of time and money if you just tackle the problem beforehand, rather than waiting for it to become an issue in the first place. What Happens When a Minor Child’s Parents Die? After you have passed on, assuming your spouse isn’t still alive and eligible, the court will check to see if you have named a guardian for your children. If you haven’t (or if the person you have appointed is deemed unfit), then your children will be placed into police custody until a Judge decides who should fill the role. ...