Our estate planning attorneys in McAllen TX understand that your children are your world, and you want what’s best for them, no matter what. This includes securing their future even after you’re no longer here. As you plan for tomorrow with an estate plan, it’s important to consider provisions for the guardianship of your minor children or dependents. If you’re not exactly sure what this means, our estate planning lawyers have a list of guardianship considerations you should keep in mind.
Why Guardianship Matters
Before we delve into guardianship, we want to highlight why it is such a crucial part of the estate planning process. The reality is that:
- Without a legally appointed guardian, the court will decide who will care for your minor children or dependents in the event of your passing or incapacitation.
- Not only can this process be lengthy and stressful for your family, but it may also result in your children going to someone who may not have been your ideal choice.
- By naming a guardian in your estate plan, you ensure that someone you trust will take care of your loved ones.
Choosing a Guardian
As you navigate the guardianship process, you will be responsible for choosing an individual you absolutely trust with your children’s well-being. We encourage you to consider the following factors:
- Values and Beliefs: Ensure the potential guardian shares your values and will raise your children in a manner consistent with your wishes.
- Stability: Assess the stability of the guardian’s home environment and their ability to provide a secure and loving home.
- Willingness: Have an open conversation with the prospective guardian to ensure they are willing and able to take on this responsibility.
Legal Requirements in Texas
While Texas law allows you to designate a guardian for your minor children or dependents in your will, there are a few responsibilities you should keep in mind:
- Be Specific: Clearly state your choice of guardian and any alternates in case your first choice is unable to serve.
- Include Details: Provide detailed reasons for your choice to help the court understand your decision.
- Prioritize Regular Updates: Regularly review and update your guardianship provisions to reflect any changes in your circumstances or relationships.
Special Considerations
As you develop your guardianship directives, you may have questions about the financial support you wish to leave for your children. Our attorneys in McAllen TX encourage you to consider setting up a trust to provide financial support for them. This trust can be managed by a trustee assigned by you. Additionally, you may want to assign a temporary guardian to care for your children immediately after your death. This decision can help ease the stress among your family members until the permanent guardian you named can assume their duties.
Our Attorneys in McAllen TX are Ready to Help
Our McAllen estate planning lawyers know your children mean the world to you. Ensure their future and well-being are fully considered by creating an estate plan that prioritizes every aspect of their lives. If you need help navigating these considerations, know that Fryer and Hansen are ready to assist. Contact us today to book your appointment or learn more about the services we offer.