A good time to begin creating an estate plan is after the birth of a child.
Having an estate plan allows you to nominate a guardian for your child in your Will, which gives you some say in the naming of a guardian. Without this document, the court will lack guidance from you when it has the task to appoint a guardian of your child if something happens to you. This means potentially a more difficult court process, which can add stress if your family is already grieving and can be difficult on your child.
It is important to name someone in your Will that you trust and who will be able to take care of your child.
This means someone who will provide for their medical, school, and personal needs. You want someone who is going to go to bat for your child, since you will not be able to do so. It is important to consider who the court might appoint as the child’s guardian. In general, the court likes to keep families together and will look to family first. You may have godparents or other family friends that could be overlooked if you do not nominate someone.
You will also want to consider their situation. Is the person someone your child already knows and is comfortable with? Will your child have to move to a different city or even state? Has the potential guardian raised children before? Are they physically able to raise a child? Are they mentally able to raise a child? Will your child be brought up in a way consistent with how you would have raised them? All of these are important to consider when naming a guardian for your child.
