Due to the Coronavirus, all Wills, Trusts, and Estate Planning can be done remotely. The initial consultation, review and signing can be done from your home.
McKinney Estate Planning Attorney
 Request an In-Person or Phone Consultation 214.499.9647
Keeping You & Your Family Protected From Whatever Comes Your Way

Guardianship in a Will

Call (214) 499-9647 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 same guardian.

  • 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.

Handling Inheritance

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) 499-9647 today to plan for the road ahead.

Recent Reviews
From Satisfied Clients

  • Taylor and the fine folks in his office are always there for us. Its always a pleasure dealing with the efficient processes delivered by this team of fine professionals.

    “The Willingham Law Firm team comes through once again! Whether it be long-distance scheduling, remote consultation or explanation of complex agreements, Taylor and the fine folks in his office are always there for us. Its always a pleasure dealing with the efficient processes delivered by this team of fine professionals.”

    Michael Frank

  • Taylor and his office are exceptional

    “Taylor and his office are exceptional. I am always treated like family. I know the advice is coming from an expert in the field. I have referred all of my friends and family here and they've all had the same experience. Planning is something everyone needs to be prepared for and they make it painless.”

    Elizabeth Hardwick

  • He is professional and has knowledgeable of business and personal legal issues.

    “I have known and work with Taylor for 7 years. I refer clients to him regularly. He is professional and has knowledgeable of business and personal legal issues. The reason I refer many of my clients to him is I trust him to provide excellent service. .”

    John Harman


    “The Willingham Law Firm created our trusts for our children. I was amazed at how simple he made the process. ”

    Curt Webber

  • Taylor and his team have been invaluable assets to me.

    “Taylor and his team have been invaluable assets to me. Taylor has a way of taking complicated subjects and breaking them down to something tangible and simple to work through. Rachelle might be the most helpful person ever! She has been great in explaining and teaching. Highly recommend the firm!”

    Brad Barton