Are you a parent with young children or teenagers? Through your children, your legacy will carry on far beyond after you leave this earth. However, what if you unexpectedly pass away when your children are still minors? Who would take care of them and how would they be raised? While these questions certainly are not pleasant, the fact is that it is essential to include your children in your estate plan. One of the key steps is to establish a guardianship. At Mark Harford Law, we help parents navigate all aspects of estate planning, including how to legally appoint a guardian to take care of your children. Continue to read more about the role of guardianship in Missouri estate planning.
The Importance of Having a Will When You A Parent
No matter what your age and health may be, if you are a parent, then you must seriously consider having a last will and testament ready. If you want to designate a guardian for your child/ren, then your request must be specified in writing. As such, you can add a provision in your will that appoints a guardian for your surviving minor children in the event it is needed.
How to Appoint a Guardian for Your Children in Your Will
In Missouri, it is legal to add a provision in your will that appoints a guardian for your surviving minor children in the event of your death. Firstly, the will itself must be valid and legally enforceable in that State of Missouri. Missouri’s will law, found in MO Rev Stat § 474.320 (2024), states that in order to a will to be valid, it is required that:
- The Testator (the person who is writing their will) must be at least 18 years old and of sound mind at time of the will’s formation.
- The will must be in writing.
- The document must be signed by the testator, or signed by a representative at the testator’s direction and in their presence.
- The will must be signed by (2) witnesses in the presence of the testator.
Without all of these conditions being satisfied, a will is not valid and cannot be enforced.
If you already have a valid will, you can add or change to it by creating a codicil. In your
codicil you can then add a section in which you appoint a guardian. A legally valid
codicil, however, also requires the same requirements as the original will. As such, it is
always recommended to seek the advice of a Missouri lawyer who specializes in wills before drafting any estate documents. While it is not legally required to have a lawyer, it is certainly a good idea in order to avoid any possible challenges for you and your children in the future.
What Will Happen If I Do Not Appoint a Guardian?
In cases where one parent dies, the other remaining parent is next in line to take custody of the remaining children, unless it is proven that they are not fit to parent. If a child is left without any remaining parents, a judge will have to decide who will take custody of them. Without a will designating a guardian, the judge (who doesn’t know you, your family or your child at all) will be responsible for appointing someone. By having a will that designates a guardian, you can relax knowing that your child will be in the right hands.
Contact Mark Harford Law For All Your Missouri Estate Planning Needs
Having an effective estate plan is important to help safeguard your children’s future. In addition to appointing a guardian, you may want to establish trusts, name beneficiaries, and set up insurance policies as well. At Mark Harford Law, we specialize in assisting clients through every step of the estate planning process. Contact us today to speak with a Missouri estate attorney to help safeguard your children’s future.