Guardianship in a Will
Call (214) 250-4407 for Skilled Legal Counsel
For parents of minor children, the ability to name a guardian is one of
the most important components of a will. In Texas, you can use a will
to nominate a personal guardian, who will be responsible for raising your
children in the event of your death. Although this guardianship will be
ultimately determined by the court, they will generally follow your wishes
unless they are not in the best interests of your child.
Although it seems simple enough to name a guardian in a will, the stakes
are extremely high. For this reason, you should always seek counsel from
an experienced McKinney estate planning attorney who can ensure that your
wishes are properly expressed in your will. When you retain Willingham
Law Firm, PC, you can trust that our seasoned legal team will work to
protect you and your family’s interests.
It’s never too early to start the estate planning process.
Call our firm today for a
free case evaluation.
Are There Different Types of Guardians?
In Texas, there are essentially two types of guardians – those who
are responsible for raising your children, and those who are responsible
for managing your property. Although these are often the same person,
some people wish to separate the two for a variety of reasons. To avoid
conflicts, it’s highly recommended that both parents to name the
The personal guardian will take responsibility if both parents die, are incapacitated, or otherwise
become unable to care for their children. This guardian will maintain
responsibility for the children until they turn 18.
The property guardian, trustee, or custodian will be responsible for the property which you
have left to your children until they are legal adults at 18 years of
age. Although these terms refer to roles with similar responsibilities,
they are distinct. A McKinney estate planning lawyer can learn about your
unique situation and help you determine the best course of action.
Having trouble deciding on a guardian? Our attorneys can help you understand
what to look for.
Contact our firm today for seasoned counsel.
In typical cases, a custodian will be named to manage the children’s
inheritance until they turn 18. This is an acceptable option if you have
a guardian you can trust, but the ideal method would be to set up an individual
trust for each child. A McKinney estate planning attorney can actually
help you use your will to create such a trust, and to name a trustee who
will manage it until the child reaches a specified age. This is one of
the biggest advantages of a trust, as you can prevent your child from
receiving their full inheritance on the day they turn 18.
If you have multiple children, you can instead set up a “pot trust,”
which is simply one trust for all of your children. This arrangement does
give the trustee more responsibility, as they will decide what each child
needs and will spend the money accordingly.
Don’t Wait to Name a Guardian – Call Today.
Many people are hesitant to start the estate planning process because it
deals with the uncomfortable topic of your death. If you are the parent
of a minor child, however, you have an obligation to your family to prepare
for the uncertain future.
At Willingham Law Firm, PC, our experienced McKinney estate planning lawyers
have handled hundreds of cases, helping people protect their wishes even
after they pass. When you retain our firm, you can expect quality estate
planning solutions from a devoted, knowledgeable legal team.
Life is unpredictable. Call (214) 250-4407 today to plan for the road ahead.