The thing that drives most young parents to plan to make a will is not their stuff, but who will take care of our minor children if the unthinkable happens. Naturally, we all want our children to get as much of our assets as we possibly can give them, but that’s not what wakes us […]
How to Name a Guardian For Your Children
The part of estate planning that most parents struggle with is naming a guardian for their children. For some parents, the process of selecting a guardian is easy. They have close relationships with certain family members or friends who share a similar worldview. They have absolutely no hesitation about the possibility of that person stepping […]
Must a Court Honor Parents’ Appointment of Guardian?
The issue that drives most parents to engage in estate planning is appointing a guardian for their children. Texas gives parents to right to appoint a guardian for their children in a Will or a separate document called a Declaration of Guardian. The declaration of guardian by a child’s parents carries significant weight. The Texas […]
Can I Name a Relative Who Lives Abroad as Guardian of My Children?
A colleague in a listserv to which I subscribe asked an interesting question: Can parents name a relative who lives in a foreign country as guardian of their children? Here’s the situation: The clients are foreign nationals permanently residing in US, and their children are US citizens, having been born in this country. Neither husband […]
People Ineligible To Be Appointed As Guardian
When appointing a guardian for a child, the court will consider what is in the child’s best interest. According to the Texas Estates Code, certain people are statutorily ineligible to be appointed as guardian. These include: a minor; people whose conduct is notoriously inappropriate; an incapacitated person; a person who is a party or whose […]
Selecting a Guardian in the “Modern Family”
I think one of the funniest shows on television right now is Modern Family, and last night’s show was especially hilarious as Cameron and Mitchell tried to decide who would raise their daughter Lily’s if something were to happen to them. The couple initially considered Mitchell’s sister Claire and her husband Phil as her guardians, […]
Can A Parent Appoint A Guardian For An Incapacitated Adult Child ?
The thing that worries most parents about dying is typically not what will happen to their stuff. It’s who will take care of their kids. And the worries are compounded for parents of children with special needs who may need a guardian throughout their lives. You know your child’s personality, temperament, fears, likes and dislikes […]
Is It Possible To Name Guardians for My Children Without a Will?
Many parents name guardians for their children in their wills, but the Texas Estates Code also provides a means of legally naming a guardian in a separate document. The statutes provide that a parent may declare a guardian for their children in a document that is: It is also possible to attach a self-proving affidavit […]
The Council of Dads
One thing that motivates many parents to make a will is the desire to designate guardians who will raise their children if the unthinkable happens. And yet many parents delay getting their wills drafted because they have difficulty selecting a person who seems ideally suited for the role. No one guardian can replace you […]
Some Final Thoughts on Selecting a Guardian for Your Children
You are unique. So there is no one in the world who can provide your children exactly what you can. As a result, it is unlikely that anyone on your list of potential guardians will seem perfectly suited to step into your shoes. But while the process of selecting a guardian can be challenging, the […]