What Happens to Your Kids If You Don’t Have a Plan? (Spoiler: It’s Not What You Think.)

Eldonie Mason • July 28, 2025

If you’re like most parents, you assume a relative would just “step in” and take care of things.

Let’s say the unthinkable happens. You’re suddenly gone—or incapacitated—and your minor children are left behind.


Now pause.
What
exactly happens next?


If you’re like most parents, you assume a relative would just “step in” and take care of things. But unfortunately, the legal system doesn’t work on assumptions.

If you haven’t created a formal estate plan—especially one that includes guardianship instructions—you’re not in control anymore. The court is.


🏛️ Here’s the real chain of events:

  1. Police arrive at the scene.
    They contact child protective services (CPS) if no legal guardian is immediately available.
  2. Your children could be taken into state custody.
    Even if your best friend or sister is
    on the way, they may not be legally authorized to take your kids.
  3. A judge will decide who raises your children.
    This decision may take weeks or months—and there’s no guarantee the outcome aligns with your values or wishes.
  4. A court could assign a financial guardian (conservator).
    This person may not be the same one raising your children—and could be someone you never intended.


💔 And what about your kids?

They’re grieving. They’re scared. And now, they’re caught in a legal system they don’t understand.
All because you didn’t know—or didn’t act—in time.

This isn’t about guilt. It’s about awareness.
Because now you do know.


✅ The Solution? Create a Plan Now.

A comprehensive, legally valid estate plan ensures:

  • Your children are cared for by people you trust
  • Guardianship decisions are clear and immediate
  • Your assets are protected for your kids’ future
  • Your family avoids the trauma of court intervention

This is exactly why I created the Future-Proof Your Family framework.
It’s not just about documents—it’s about peace of mind, control, and care during life’s most vulnerable moments.


💬 Final Thought 

The plan you don’t make becomes someone else’s decision.
You’ve worked hard to build a life for your kids—
don’t leave their future to chance.