Through an estate plan, you can avoid guardianship proceedings. Through a will, you can nominate a friend or relative to be the guardian responsible for your minor-children.
If a guardian is not selected by a child’s parents, the court will decide.
My mentor told me a cautionary story which demonstrates the importance of this aspect of estate planning. A family was involved in an auto accident. A child was the only survivor. The relatives of the parents battled over who would be the best guardians for the children in court. The process lasted for years. This battle was probably quite stressful for all parties involved, including the children.
As parents we want the best for our kids! It is simply critical that we put our intentions into a will for which trusted friend or relative should be responsible for our children if we cannot be.
Please contact me for a complimentary consultation to discuss your options with regard to this aspect of estate planning.