A Guardian is the person that is appointed to take care of any minor children in a Last Will and Testament if both parents are deceased.
A guardian may be in charge of caring for the child or the child’s property. However, in order to for someone to legally become the guardian of a minor, they must go to Court and begin the Guardianship proceedings. Once appointed, the guardian can make decisions on their behalf regarding medical needs, schooling, etc.
The appointment only applies to minor children. In Texas, a child is considered a minor if they are younger than 18 years old.
If parents do not appoint a guardian, it is the court that decides who takes care of the minor children. A Judge must consider the Texas Estates Code's statute that specifies who has priority to be a guardian over a minor child. A Judge also must look at who is suitable to serve as guardian, in other words, who will be in the best interest of the child.
So if you have minor children, it’s important to list a guardian you can trust in your Last Will and Testament.
Having an experienced Estate Planning Attorney is key. Create or update your Last Will and Testament today!
Contact us online or call our office at 214-559-7202 to schedule a complimentary consultation with a Texas Estate Planning Attorney.
Read more about the problems that can arise when parents pass away without Last Will and Testaments in our article: Maternal and Paternal Families Collide Over Guardianship.