Answers from Our McKinney Lawyers
Although it seems simple on the surface, choosing a guardian for your minor
children is one of the most challenging aspects of creating a will or
estate plan. To help you through the process, our McKinney estate planning
lawyers have created this guide which addresses some of the most common
questions we receive during the will creation process. For more information
about guardianships, or for assistance with creating a will, contact our
It’s never too early to start planning for the future. Call (214)
250-4407 today for your
free case evaluation.
What if My First Choice Is Older Than I Am?
If your first choice is significantly older than you, you may be concerned
about their ability to provide long term care. However, it’s best
to choose a guardian you’re comfortable with now, and reevaluate
your choice in four or five years.
What if My Children Don’t Like My Choice?
You’ll want to discuss your choice with your children, especially
if they are in their early teens. Do what you think is best for their
future, but keep in mind that a judge will factor the child’s wishes
into the final ruling.
What if My Family Doesn’t Like My Choice?
In some cases, choosing one family member as a guardian can create some
resentment or animosity amongst other family members. However, your primary
responsibility is to your children, so it’s important to pick the
guardian you think is best. Creating a written explanation of your reasoning
can help your family and the courts understand why you made that choice.
Life is unpredictable, but a will can help you make sure your children
are cared for.
Call our firm today at (214) 250-4407.
What if My First Choice Is Bad With Money?
Fiscal responsibility is not always a sign that someone will be a good
guardian for your children. In Texas, you have the ability to name a property
guardian or custodian of the inheritance you leave the children. In many
cases, the two guardians are the same person, but in some cases it may
be best to split the responsibilities.
What if I Don’t Like My First Choice’s Spouse?
You don’t have to name a couple as a guardian, just an individual.
While you can’t prevent the spouse from being present if they are
still married, they will have no legal authority over your children. If
the couple gets divorced, your first choice can still be the guardian
of your children.
What if My First Choice Doesn’t Live Close?
You can nominate anyone you want as a guardian, no matter what state you
live in. However, situations with out-of-state guardians can be significantly
more complicated and expensive. Again, the best course of action is what’s
best for your child – however, it can be beneficial to name a temporary
guardian who can care for the children locally until the permanent guardian
situation is resolved.
What About Children From Prior Marriages?
You’ll need to think about the needs of each child individually.
In many cases, it’s best to name a different guardian for children
of different marriages unless they already live together. Every situation
is unique, so it’s important to consider the needs and wants of
Can My Ex-Spouse Get Custody of My Kids?
Unless your ex is clearly unfit to care for your children, they will most
likely receive custody. However, you can absolutely include information
in your will about why you think they are unfit, and judges will generally
take this under serious consideration. This is particularly effective
if you can include police reports, court records, or any other evidence
that suggests they are unfit.
Need Guidance? Call Our Firm Today.
Deciding on a guardian for your children can be one of the most difficult
parts of making a will. Many couples find that, although they see eye-to-eye
on parenting issues, they disagree strongly on who will make the best
guardian for their kids.
For assistance with selecting the ideal guardian, as well as creating your
will, contact Willingham Law Firm today. Our experienced McKinney estate
planning attorneys have created more than 4000 wills for our clients,
giving us a unique understanding of the finer points of the process.
Trust our experienced team. Call (214) 250-4407 today to get started!