What Happens to Your Minor Children If You Die?

If you have minor children, you must have a will or an estate plan in place. Failure to do so means your children’s custody is at the mercy of the courts if the natural parents die while children are still minors. This is one of the reasons why we emphasize that wealth means nothing when it comes to creating a will or estate plan.

Proper planning before and after you have children ensures your custodial wishes are honored after your death, even if your choice is to have your children live with a guardian(s) outside of the immediate family network. When natural parents die, the courts look to the parents’ wills, estate plans, or any credible, written document stating who they want to care for their children. Without these documents, children become wards of the court.

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