Absolute Trust Talk

058: The Importance of Guardianship in Your Estate Plan


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If you have minor children, nominating a guardian for them in case of your death or incapacity is one of the most important reasons to do an estate plan. For many families, the choice is not easy, and they end up procrastinating. Think of it this way, do you want a judge, who may know nothing about your children or your family, deciding who your child will be raised with without knowing your preference? Parents have the opportunity to make a choice, and we can help. 

In a new episode of Absolute Trust Talk Live, Kirsten discusses the different types of guardianship in California, the process of guardianship, factors to consider when choosing a guardian, and more. Naming a guarding for your child(ren) and the work that goes along with it is largely misunderstood. Tune in to get the facts and find the right next steps for including guardianship in your estate plan.

Big Three from Episode #058:

  1. Parents can nominate someone for guardianship, but only the judge can appoint someone.
  2. As a parent, make sure your wishes are clearly expressed in your estate plan; otherwise, you will have absolutely no say in the matter.
  3. Choose potential guardians that you can trust to make sure things get done.

Time-stamped Show Notes:

2:30 – These are the two types of guardians in California.

6:17 – This is the process for how guardianship works.

7:51 – This is why, as a parent, you want to express your wishes for a guardian.

8:37 – Estate planning can help you avoid going to court. Here’s how.

9:54 – Utilizing a Letter of Intent can act as a helpful guide for those who are nominated as guardians

11:40 – Does a guardian get paid?

12:07 – What can someone do if there is a family member they do not want to be the guardian?

13:20 – What happens if the guardian dies?

When it comes to guardianship, a Letter of Intent can be an essential tool in your future planning. It can serve as a guide for those who may become responsible for decisions regarding your child(ren) and that person’s role as their guardian. But what information should be included? Download our free resource guide for more details on building the right Letter of Intent for your plan.

[Ad] Choosing the right guardian for your child(ren) can be a difficult decision and it’s one that shouldn’t be taken lightly. If you need help determining the right choice for your estate plan, we can help. Schedule a free discovery call today, and we’ll review your case to make sure all your needs are met.

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Absolute Trust TalkBy Kirsten Howe: Attorney and podcaster

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