If You Haven’t Named a Guardian for Your Kids, the Court Already Has One in Mind (And You Might Not Like It)

Let’s talk about the most important part of estate planning for parents—and the one most often skipped:
Naming guardians for your minor children.

Most people assume their kids would just go to a close family member or friend if something happened to them. But the reality is more complicated—and potentially heartbreaking.

🧑‍⚖️ Here’s what really happens…

If you haven’t legally named a guardian in a valid estate plan, your children could:

• Be placed in temporary foster care, even if you have loving relatives nearby
• Be caught in a custody battle between family members with different ideas about how to raise them
• End up being raised by someone you never would have chosen

It’s not because the court is trying to be cruel—it’s because the law requires a process. And if you don’t make the decision, the court makes it for you.

👁️ What Does Naming a Guardian Really Do?

When you officially name a guardian, you:

• Take control of who raises your children
• Communicate your wishes with absolute clarity
• Eliminate confusion, conflict, and court delays
• Give your children emotional stability in a time of crisis

But don’t stop at naming just one person—always name backups, in case your first choice can’t serve.

✍🏾 Legal vs. Informal: A Word of Caution

Telling your sister, “You’ll take the kids if something happens to us,” isn’t enough.
Text messages, emails, or verbal promises have zero legal standing in court.

You need to put it in writing—in a legally valid document—and ensure it’s part of your full estate plan.

🧭 Future-Proofing Means Planning for the Unexpected

As a mom, I know how deeply you want to believe “nothing will happen.” But as an attorney, I’ve seen what happens when families don’t plan.

Don’t leave your children’s future to chance or the courts.

Make the decision today. Put it in writing. And protect your kids in the way only you can.