Establishing guardianship in a will is one of the best things a parent can do for his or her child. ... This last part is particularly important if you don't want custody of your child to go to your ex-spouse since, generally, if a child's other parent survives, guardianship passes to the other parent.
The guardian can be appointed in a Will. If just one parent dies, then normally the other parent takes care of the child. ... If both parents are alive, then typically both parents create Wills which provide that on death a specific person, usually a relative, will be appointed as the guardian of the child.
In California, a minor child can't inherit property in his or her own name. That doesn't mean you can't bequeath your assets to minor children, it just means that the child or children in question won't be able to own the property until he, she, or they come of age.
3 Ways to Leave an Inheritance for Your Children
A guardian does not have complete power to make all decisions for the protected person. ... Spending or investing the protected person's money. The guardian can ask the court to approve a monthly budget to pay the protected person's monthly expenses. Selling the protected person's home or any real property.
Only a court can legally take away parental rights. Naming a testamentary guardian in your Will does not end the other parent's rights. The other parent will get custody of your children if you die, unless both these are true: The other parent is unfit.
If the natural parents die intestate—without a will—the court appoints a guardian. ... Alternatively, a third party, such as a family friend, can petition the court to be appointed guardian. If the child has no surviving family members, they could become a ward of the state and enter the foster care system.
A CR or GAL may often ask the child, “What their parent(s) told them before this meeting,” or “What did your parent tell you to tell me.” Remember, children are typically candidly forthcoming, and so the best answer for the CR or GAL is to hear is simply “They told me to be honest,” and to not hear any specifics about ...
Select an individual, not a couple: If you've determined that your sister and her husband are the perfect match, consider naming only your sister as guardian. You don't know what might happen in their future lives—divorce, for example—so you want to specifically name the person that best serves your child's interests.
Some parents will be happy that their children inherit at the age of 18 years. However, particularly if there is a substantial amount involved, many people are reluctant for their children to inherit the full amount that they might be entitled to until they are aged either 21 or 25 and you can make that provision.
Four ways to pass down your family home to your children
Your adult children do not automatically inherit your house or any other property when you die. No law requires you to leave anything to your children or grandchildren. If you die without a will, or “intestate,” the laws of your state will decide who gets your money and property.
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