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Planning for your owndeathis not something many people like to think about.
But its super important, especially if you have young children.
What will happen to them when youre gone?
Who will take care of them?
How do you want them to be raised?
When one woman died suddenly, she left behind a 6-month-old baby.
Her sister desperately wanted to adopt the little boy.
But she wanted to raise him as her own, never telling him that his biological mother had died.
Her brother blocked the adoption and applied to adopt the child himself.
Hes the Founder and CEO of estate planning platformTrust & Will.
Many times, it will be theotherparent.
But in some cases, like the mans sisters, this isnt always possible.
Without documentation, that deeply personal decision is left up to the courts, andfamily conflictis far more likely.
A Will-based estate plan typically includes naming a guardian for your minor children, along with a backup option.
In these cases, the court considers the welfare of the child above all else, reads the site.
Barbo tells Bored Panda that most U.S. states follow a general order of priority, starting with immediate family.
This is usually a surviving spouse, then grandparents, then adult siblings, aunts, or uncles.
But the court isnt bound by family ties alone, he says.
They consider who is fit, available, and in the childs best interest.
Unfortunately, this process can take time and become emotionally charged, especially if family members disagree.
Theres often awelfare checklist thats used so you can assess the childs needs.
It goes without saying that this is a decision thats not taken lightly.
According to The Legacy Lawyers site, ajudge will review the potential guardians relationship with the child.
Theyll also venture to keep things as consistent as possible and not shake up the childs routine too much.
A judge would also look for evidence ofparentingability when it comes to who takes guardianship.
And remember, its a massive responsibility and they have every right to refuse to take on the role.
While courts do their best, theres no guarantee theyll choose the person you would have.
Thats why its so critical to name a guardian in a legally recognized way.
But honestly, the best time is always before you think you need it.
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