Hi, I’m Reed Bloodworth, managing partner of Bloodworth Law, with offices in Orlando
and Winter Haven, Florida.
At Bloodworth Law, our team handles estate planning services for clients across Florida
and can work with you remotely, via video conference, or in the office with the appropriate
safety measures taken to protect you as we help you with your legal needs.
Today, let’s talk about what happens when a guardian is not named in a will, or, if
a parent, or parents, die intestate without a will or legal plans.
In these cases, what happens to the children?
What is a guardian?
A guardian is the person that parents select to take care of their children in the event
that both parents pass away, or if there's just one parent, and one parent passes away.
If you name a guardian, the court is going to defer to the guardian you named as long
as they are qualified, as long as they don't have a felony in their past, and they pass
the statutory requirements, because that's who the decedent selected.
If a guardian is not named, then the court can name someone.
That might be someone you did not want to be the guardian of your children.
Any family member can then come in and petition to be the guardian.
But if no one petitions to become the guardian, then the court will pick a guardian.
A guardian has to pass a thorough background check.
And, the financials of the individual or couple are reviewed.
If a guardian has financial problems, the court may appoint a guardian of the person
or the child who needs a guardian, but not necessarily the guardian of the property,
or the assets.
Courts routinely appoint a guardian of the person and a guardian of the property.
If there is a death, and the parents die, normally, family members will come and stay
with or pick up the children.
If it's a close family, they'll come and take the children and care for the children until
such time the guardian is officially appointed by the court.
The Department of Children and Families -- DCF -- isn't called unless there are other family
problems going on, which does happen.
A guardian is one instance where a child’s future could be held up in court if there
are any issues.
A guardianship is still a process that when somebody has a will, it has to go through
probate, and it's going to take some time.
Especially if there are numerous beneficiaries named.
You have to notify everyone.
Estate planning is the act of creating the legal documents needed when someone dies.
Every estate plan is unique and it should reflect the needs and the wishes of each individual.
In an estate plan, in addition to a will, there are ancillary documents, including:
* The durable power of attorney * The healthcare surrogate
* The living will, and * Creating a guardianship
Everyone should have their estate planning done by an attorney.
Estate planning is important for kids that graduate high school, because they’re not
kids at 18; they’re adults.
If something happens to a college student, or anyone over 18, and they don't have their
ancillary documents, their durable power of attorney, healthcare surrogate, the parents
can't necessarily make decisions to help them.
Everyone over 18 needs those documents.
Estate planning should be done with the legal guidance of an attorney, especially if there
are children involved.
You can't rely on something you read on a website, because it's only a partial descriptor
and you can’t take legal advice from the internet.
Our Estate Planning Team at Bloodworth Law is ready to assist with these and any other
issues you may face.
Again, I’m Reed Bloodworth, the managing partner of Bloodworth Law.
Give me a call; let’s talk about how Bloodworth Law can help you and your family.