Choosing a Guardian for Your Children

Must a Court Honor Parents’ Appointment of Guardian?

The issue that drives most parents to engage in estate planning is appointing a guardian for their children. Texas gives parents to right to appoint a guardian for their children in a Will or a separate document called a Declaration of Guardian. The declaration of guardian by a child’s parents carries significant weight. The Texas … Read More

Can I Name a Relative Who Lives Abroad as Guardian of My Children?

A colleague in a listserv to which I subscribe asked an interesting question: Can parents name a relative who lives in a foreign country as guardian of their children? Here’s the situation: The clients are foreign nationals permanently residing in US, and their children are US citizens, having been born in this country. Neither husband … Read More

Resolve to Name Guardians For Your Children

The part of estate planning that most parents struggle with is naming a guardian for their children. For some parents, the process of selecting a guardian is easy. They have close relationships with certain family members or friends who share a similar worldview. They have absolutely no hesitation about the possibility of that person stepping … Read More

People Ineligible To Be Appointed As Guardian

When appointing a guardian for a child, the court will consider what is in the child’s best interest. According to the Texas Estates Code, certain people are statutorily ineligible to be appointed as guardian. These include: a minor; people whose conduct is notoriously inappropriate; an incapacitated person; a person who is a party or whose … Read More

Who Will Raise My Children if I Die Without Naming Guardians?

The thing that drives most young parents to plan make a will is not their stuff. Of course, we all want our children to get as much of our assets as we possibly can give them, but that’s not what we worry about. What worries us most is who will take care of our minor … Read More

Selecting a Guardian in the ‘Modern Family’

I think one of the funniest shows on television right now is Modern Family, and last night’s show was especially hilarious as Cameron and Mitchell tried to decide who would raise their daughter Lily’s if something were to happen to them. The couple initially considered Mitchell’s sister Claire and her husband Phil as her guardians, … Read More