Who will take care of your children?
If you have young children, perhaps the most important and challenging estate planning issue is who will take care of your children if you both die while they are young. Of course, this is not supposed to happen, but it sometimes does. Planning for this remote contingency is very important.
- The legal title of the person/people who will raise your children is “guardian”. Connecticut law allows you to designate in your Will who the guardian will be. We recommend that you designate at least one successor guardian in case your first choice is unable to serve as guardian for any reason.
- Although the Probate Court is not legally obligated to appoint who you have chosen, your choice is entitled to great weight and almost always will be accepted by the Court.
- If you have not appointed a guardian in your Will, the Probate Court will appoint a guardian based upon the Court’s opinion of what is in the best interests of your children.
- This is a critically important decision that should be made by you, the parents, and not by competing parties in contested Probate Court hearings after your death.
We encourage you to call us about this important protection. We have experience preparing sensible and cost effective estate plans for couples with young children.