Estate Planning For Unmarried Parents: How To Name A Guardian
According to data from the Pew Research Center, a growing percentage of parents with minor children are unmarried. They may be divorced or separated, but still together as parents. Regardless of the situation, unmarried parents have some unique estate planning needs, one of which may include the process for naming a guardian for their children. In this article, our Norwood estate planning attorney provides a guide for naming a guardian for your minor children as an unmarried parent.
Why it Matters: The Importance of Choosing a Guardian
It is an unfortunate reality, but life brings inherent risks. Sadly, something could happen to you and/or your co-parent. In Massachusetts, naming a guardian is one of the most important estate planning steps for unmarried parents. A guardian is the person who would care for your minor child if something happens to both legal parents. Without the proper legal documentation, the decision could fall to the court. Not only does that make things more complicated, but the court may not choose the person you would have wanted. Naming a guardian ensures your child’s well-being is protected by someone you trust.
How to Legally Designate a Guardian in Massachusetts (Guide for Unmarried Parents)
The most common way to name a guardian in Massachusetts is through your will. You and your co-parent (if applicable) should each draft separate wills naming the same person as guardian. When creating your will, you must be of sound mind, and it must be signed in front of two witnesses. Massachusetts courts generally honor a guardian designation unless there is strong evidence it is not in the child’s best interests. It is also wise to name an alternate guardian in case your first choice is unable or unwilling to serve.
Big Takeaway: Unmarried parents should work together on this part of estate planning. They should name the same person for a guardian in their will for a situation in which both parents are rendered unable to care for the kids at the same time or very close in time.
What to Consider When Choosing a Guardian
Choosing a guardian is a deeply personal decision. Consider the person’s values, parenting style, financial stability, and willingness to take on the responsibility. Think about where the guardian lives and whether your child would have to relocate. You should also talk to the person beforehand to confirm they are willing to serve if needed. Some parents choose a separate person to manage finances for the child, known as a trustee, to avoid placing too much responsibility on one person. The right person will always depend on the specific situation. There is no perfect answer.
Contact Our Massachusetts Estate Planning Lawyer for Unmarried Parents Today
At Fisher Law LLC, our Massachusetts estate planning lawyers are committed to putting clients first. If you have any questions about how to name a guardian for minor children as an unmarried parent, please contact us today for a confidential consultation. With an office in Norwood, we provide estate planning services to parents in Boston and throughout the region in Massachusetts.
Source:
pewresearch.org/social-trends/2018/04/25/the-changing-profile-of-unmarried-parents/
