If Parents Die Without A Will, A Probate Court Will Appoint Guardian For Underage Children
For parents, writing a will and designating a legal guardian for their child or children is one way to ensure that their children will be taken care of in the event that they become orphans.
Usually, when one parent dies the surviving parent assumes full custody of any children. If both parents die, however, or if the surviving parent is unable to be legally responsible for the children, a guardian will have to legally assume the role.
A guardian will be legally accountable for taking care of a child’s physical and emotional well-being until the child turns 18. This includes providing for the child’s education, shelter, food, clothing, and health care. This is a huge responsibility, so it is important to make sure that the person appointed wants to and is able to handle the responsibility. A person appointed in a will to be a child’s guardian is not legally obligated to take on the role. That is why it is a good idea to appoint an alternate guardian. Co-guardians may also be appointed to share the responsibility of guardianship.
If parents do not name a guardian, a probate court judge will have to appoint one for their children, and the parents would have had no say in the matter:
A probate guardian usually has a number of responsibilities- depending on the kind of guardianship they hold:
· Probate Guardianship of the Person: For children who need to be taken care of emotionally, financially, and legally.
· Probate Guardianship of the Estate: For children who do not have an appointed guardian to manage their estate.
· Probate Guardianship of Person and the Estate
Uncles, aunts, relatives, family friends, and anyone older than 18 can file for guardianship of a child in the state of California. An investigator assesses each petition and makes a recommendation to the probate judge who will decide who to appoint as probate guardian.
Sagaria Law, P.C. represents clients in estate planning matters, including wills, probate guardianships, trusts, living trusts, conservatorships, as well as powers of attorney and appointment. Many of our estate planning clients reside in Monterey County, Alameda County, and Santa Clara County, including the cities of Fremont, Oakland, San Jose, Los Gatos, Carmel, and Morgan Hill. Contact Sagaria Law, P.C. today.
Who Gets Custody of Child If Parent Dies?, WALB News, February 14, 2007
Related Web Resource:
Forms and Instructions to Become a Probate Guardian
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