What Happens To Your Children If You Don’t Have a Will?

As a parent, you would do anything for your child. Does that include after you are gone? You will still want your children to be well taken care of, even if it can’t be you. However, what happens to your children if you don’t have a will? The fate of your children rests in the hands of the state – which is not always a good thing.

Most of the time, children are placed with their other parent. Unless incapacitated or unfit, the children will usually go to the other parent first. This can be a problem if you have several children by different parents because your children will be separated, even if they are used to being together.

If the other parent is unfit or can’t be found, another guardian will be appointed. If you are re-married (to someone else), your spouse may be able to keep your children if he or she is willing. Family members can try for guardianship, though there are cases when a judge will appoint someone else, especially if your family members are elderly.

Judges do want to do what is best for your children. There are even some states that allow children to have a say when it comes to who they want to live with. They try to find people who have a relationship with your children though it is not always possible.

There are times when your family may petition the court to name themselves as guardians of your children. This can become a long drawn-out court battle, though the court may rule in their favor. Instead of letting the courts decide, you should make sure that your children are well taken care of by writing a will!

Contact us for all of your legal needs.