Who Will Take Care of Your Children If You Die?
Who Will Take Care of Your Children If You Die?
If you are divorced or separated and have minor children, one of the most important questions in your estate plan is:
Who will take care of my children if I die?
Nobody likes thinking about this question. But if you have children, you need an answer.
What About Your Ex?
If your child's other parent is still living and able to care for your child, naming somebody else as guardian in your Will does not automatically take away the other parent's rights.
Under Arizona law, a parent can nominate a guardian for a minor child in a Will. Generally, that appointment becomes effective when both parents have died or when the surviving parent is unable to serve.
Arizona Revised Statutes § 14-5202
That means your first question may not be:
“Who takes care of my children if I die?”
Instead, it may be:
“Who takes care of my children if both parents are gone?”
Talk to Your Ex
This may not be an easy conversation.
You got divorced for a reason.
But you and your ex probably still have something very important in common: you love your children.
If possible, talk about who you would both want to raise your children if neither parent could do it.
Think about:
- Brothers and sisters
- Grandparents
- Other relatives
- Close family friends
Then choose at least one backup.
People's lives change. Someone who would be a wonderful guardian today may not be able to serve ten years from now.
Don't Forget the Practical Questions
Choosing a guardian is about more than choosing someone you love.
Where does that person live?
Would your children have to change schools?
Does the proposed guardian have children?
Is there enough room in the home?
Does the person actually want the responsibility?
These questions matter.
Put Your Choice in Writing
A conversation with your ex is a good beginning.
It is not an estate plan.
Your wishes need to be properly included in your estate planning documents.
Estate planning is about CONTROL.
You cannot control everything that happens in the future.
But you can make your wishes clear today.
If you have minor children and have not reviewed your guardianship choices recently, please call our office. We can help you make a plan that protects your children.