Naming a guardian for your children
Who would raise your children, who would manage their money, and why those can be different people.
Why it matters
If both parents die or cannot care for their children, someone must be appointed to raise them until they turn eighteen. A will is where parents nominate that person.
How appointment works
The Probate and Family Court makes the appointment and generally honors the parents' nomination when it serves the child's best interest. Without a nomination, the court decides among relatives and others who come forward, which can take time and invite disagreement.
Raising a child, and managing money
The guardian raises the child. Managing the child's inheritance is a separate job. Without a trust, money left to a minor may need a court appointed conservator and is turned over outright at eighteen. A trust lets you choose a trustee to manage the money and decide the ages when your children receive it.
Choosing well
Consider values, age, health, location, and the relationship your children already have with the person. Name a backup, and talk with the people you choose before you name them.
Common questions
Can I name a couple as guardians?
Yes, though it helps to think about what happens if the couple separates. Some parents name one person, with the other as a backup.
Can I change my choice later?
Yes. You can update your will whenever your circumstances or your choices change.
Check your understanding
Three quick questions. Nothing is saved or sent.
1Who makes the final appointment of a guardian?
The court appoints, and generally honors a parent's nomination.
2Without a trust, when does a child generally receive an inheritance outright?
Without a trust, an inheritance is generally turned over at eighteen.
3Can the person raising your children be different from the person managing their money?
A trust lets you separate those roles.
Official sources
Keep learning
Everything here is general education about Massachusetts law, written by WisePath Estate Planning. It is not legal advice for your situation, and reading it does not make you our client.