Appointing a Guardian for a Minor Child Through a Will : Red Law Utah Attorney Explains

Read more about this specific issue here: http://redlawutah.com/services/utah-estate-planning-attorney/child-care-after-parental-death/

Many parents ask the question: What will happen to my minor children if I die, and can I do anything to prepare for such an event?

There are generally three reasons parents start planning for the future care of their minor children in the event of untimely parental death: (1) they know someone who they would like to care for their children in the event of parental death; (2) the parents want to prevent someone they distrust from caring for their children in the event of parental death; or (3) they want to avoid contention from two or more family members that may be fighting over who will care for the children.

Utah law (Utah Code section 75-5-202) provides for parents to designate a guardian by will. Upon the parents’ death, their will must be probated. This means that a Utah court, called a probate court, will determine whether the will is valid. Once the court has determined the will is valid, the designated guardian will file his/her acceptance with the court, provide written notice of his/her acceptance to the minor, the minor’s current caretaker, and the appointment will then be accepted by the court.

To learn more about how you can plan for your family’s financial future and overall well being, we invite you to explore Red Law’s educational Estate Planning section: http://redlawutah.com/services/utah-estate-planning-attorney/

To learn more about creating a will where you can designate a guardian, visit: http://redlawutah.com/services/utah-estate-planning-attorney/utah-wills/

Here you will find information on trusts, another estate planning mechanism that families frequently use in their family planning: http://redlawutah.com/services/utah-estate-planning-attorney/utah-living-trust-revocable-trust/

If you would like help in preparing for the future of your minor children, or you have other legal questions, please call us 801-4770-RED (801-477-0744), or email us contact@redlawutah.com. We always welcome new clients.
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Local school divisions must inform parents of the rights of youth with disabilities a full year before the student with a disability reaches the age of majority. State directives about guardianship, conservatorship, powers of attorney and other information are made available to families. However, families should understand the full responsibilities and risks associated with assuming guardianship of their children. Sue Swenson a parent and long time internationally renowned advocate outlines the questions parents should be asking prior to taking these steps.
https://rrtc.vcu.edu/
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