Froerer & Miles

Estate Planning and Guardianships

By Robert L. Froerer on September 18, 2019

Signing a living willGuardianship refers to the legal guardian of a child. Birth parents are typically the legal guardians of their children. In the event of death, a new legal guardian may be named to take care of your child/children. This may be your current spouse/partner, or it may be another family member or trusted party.

Guardianship issues are common when it comes to estate planning. The Ogden, UT attorneys at Froerer & Miles would like to consider a few common concerns when it comes to guardianship and how our law firm can help.

Why Naming a Guardian Is Essential

As a parent, you want to make sure that the best interests of your child are being observed. If you and your spouse/partner meet an untimely death and leave your children without a parent, a living will can state who you want to be the guardian of your child/children.

What Happens If I Do Not Select a Guardian?

If there is no will or your will does not specify a choice of guardian, then a judge will determine who will be the new guardian of your child/children.

While this seems fair on the surface, a judge will likely not be familiar with your family circumstances. There may be important reasons why your surviving spouse/partner is not an ideal guardian for your child; he same is true of certain blood relatives relatives. Lengthy and costly legal battles may arise without a will specifying guardianship. Having this information in your will is crucial.

Picking a Legal Guardian for Your Child

When you select a legal guardian in the event of your death, you should consider people you trust. Usually that is a current spouse/partner. In the event that a spouse/partner is unable to parent your child or unsuitable to raise your child, our Ogden attorneys may recommend your parents, a sibling, a close relative, or a dear friend of your family.

Tips When Selecting a Guardian

When selecting a guardian, it’s a good idea to consider the following:

  • Does this person get along with your child/children?
  • Does this person have a good parenting style?
  • Does this person share your moral and religious values?
  • Is this person financially secure and emotionally ready to support your child/children?
  • Is this person willing to raise your child/children in the event of an untimely death?

Most importantly, be sure to speak with the person you would like to name as a guardian. Confirm with them that they are willing and able to take care of your child/children in the event of your passing. Make no assumptions. Your child’s well-being is at stake.

How Lawyers Can Assist with Estate Planning

Specifying a guardian in a living will is crucial, and our lawyers can help you pick an ideal guardian for your child/children. We will consider their location within the state or outside of Utah and seek confirmation from them to serve as a guardian for your child/children. It’s just one of many facets of estate planning that we can offer expert insight into.

Help for Issues Faced by Legal Guardians

If you become a legal guardian after a family member or loved one’s death, our attorneys can help with any legal disputes you may face. This could mean any contests over your guardianship and other matters related to the placement of a child/children in your home. Mourning the loss of someone close to you and raising their child can be a major burden. We are here to offer peace of mind and hopefully reduce the toll this can take on you.

Contact Our Law Firm

For more information about estate planning issues and how we can offer insight and assistance, be sure to contact our team of attorneys. The team at Froerer & Miles can be reached in Ogden by phone at (801) 876-1124.

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