In Wisconsin, naming a guardian for your child is done through a legally valid will (or sometimes a separate guardianship designation within estate planning documents). This is one of the most important decisions parents can make, because if you don’t name a guardian, a court will decide who raises your child. Here’s...
Category: Guardianship
Wisconsin Estate Planning: What Happens to your Minor Children in Wisconsin if you do not Name a Guardian?
If you die in Wisconsin without naming a guardian for your minor children, the court—not you—decides who will care for them. That process is a guardianship proceeding, and it can become one of the most emotionally and legally sensitive parts of probate. The judge selects a guardian based on what is in...
Name a Guardian for Your Minor Children
It is a topic no parent wants to think about: What would happen to your children if you were gone? However, facing this question is one of the most loving and powerful things you can do for your kids. If you take no steps to legally nominate a guardian for your minor...
Should I Have a Trust for My Mature Child
From the moment a child is born, a parent feels an instinctive drive to protect and nurture. We childproof our homes, carefully choose schools, offer guidance through adolescence, support their careers, and watch with pride as they start their own lives.
The desire to be there for them extends...
Should Your Child’s Guardian and Trustee Be the Same Person?
If you have overheard any estate planning discussions, you have likely heard the words “guardian” or “trustee.” In estate planning, deciding who will ultimately be tasked with caring for your minor child or managing funds for their benefit is an important decision that requires consideration of many factors.
Although...
Estate Planning for the Newly Married in Madison, Wisconsin
Now is the perfect time to start working on an estate plan. As newlyweds, you are likely in the process of deciding which of your accounts and property (your assets) to combine and how to turn two households into one. You may also be setting up new bank accounts and creating a...
Naming a Guardian for Your Minor Children
We know it is difficult, even horrific, to imagine someone else raising your children. However, you must consider who you would choose to fill this important role. Otherwise, a judge—a stranger who does not know you or your wishes, your child, or your relatives and friends—will determine who raises your children if...
Caring for a Child After Your Death
As a parent, you are responsible for the care of your minor child. In most circumstances, this means getting them up for school, making sure they are fed, and providing for other basic needs. However, what would happen if you and your child’s other parent were unable to care for them?
Estate Planning for a Single Parent with a Minor Child
You have a minor child who depends on you for their survival, so you need to make sure that they will be cared for if you are ever unable to care for them. By creating an estate plan, you can address your minor child’s care and custody and provide instructions about how...
Does the Guardian for My Child Have to Be a United States Citizen?
One of the more uncomfortable aspects of estate planning is deciding what will happen to your child if both you and the child’s other legal parent were to die unexpectedly. While the odds of this happening are low, the consequences of not naming a legal guardian in your will or a separate...