This article examines how creating a guardianship provision in a Last Will and Testament can reduce the need for Court involvement if a person predeceases their children while the children are under the age of 18.
Having a thorough and careful prepared Last Will and Testament can help you avoid many potential issues in Tennessee. As it involves children under the age of 18, one commonly utilized provision is to nominate a guardian to care for children in the tragic event that their parent predeceases them. Simply put, a guardian is someone who is to care for the minor children in this circumstance. Without such a provision in a Will, it might become necessary for a Court to get involved to address the issue of who would have care and custody of the minor children. It is not unusual that family members have a difficult time agreeing who should be the guardian (if not stated in a Will) which can lead to family in-fighting, unnecessary litigation, and emotional trauma to the children who have found themselves in a very difficult situation. By nominating a guardian in this circumstance in a Will, the potential for unnecessary Court involvement is greatly reduced.
Although this seems simple, without the issue of Guardianship being addressed in a Will, legal recourse becomes difficult and cumbersome. Make sure you consult with an experienced estate planning attorney to address this issue in your Will or Estate Plan.
The Sents Law Firm is an Estate Planning law practice located in Chattanooga, Tennessee (in Hamilton County) and we are well equipped to handle your needs. Give us a call today.
Disclaimer: This blog is published solely for informational purposes, and nothing posted herein should be considered legal advice. By viewing this blog and/or the posts contained herein, you agree that no attorney-client relationship is created between yourself and the Sents Law Firm. Information found within this blog should not be used as a substitute for legal advice from a reputable attorney. Please consult such an attorney for any questions regarding the topics discussed in this blog and how they may impact any specific situation.