While it may be upsetting to consider your own mortality, if you have minor children, it is especially important to plan for their protection and well-being. When a parent dies without having named testamentary guardians, these decisions are at the mercy of the probate court.
If You Die Without an Estate Plan
Connecticut probate courts step in to handle both guardianship and inheritance. While the system aims to protect children, it can lead to uncertainty, family disputes, and outcomes you wouldn’t necessarily choose.
- Guardianship of Minor Children (Who Raises Them?)
- If one parent dies, the surviving parent usually becomes the sole guardian automatically (assuming they are fit and willing).
- If both parents die (or you’re a single parent), no one automatically steps in. The probate court appoints a guardian based on the child’s “best interests.”
- The court considers family relationships, the child’s needs, and input from relatives—but it doesn’t know your preferences.
- Relatives (grandparents, aunts/uncles, etc.) may petition, which can lead to conflicts or delays.
- In the interim, children could temporarily enter protective custody or foster care until a guardian is appointed.
- The court may appoint a guardian of the person (for day-to-day care, decisions about education, health, etc.) and potentially a guardian of the estate (to manage money/assets.
With Proper Estate Planning. Some Considerations:
- When naming a guardian for your minor child, the most important consideration is that you put something into place as soon as possible. Your designated guardians may not be perfect, but guardianship is an unlikely and unexpected scenario. You are certainly in a better position to name a guardian for your child than the probate court is. Probate Court guardianship proceedings take time and are often highly contested.
- Naming a particular guardian is not permanent. As circumstances change, your plan can and should be amended.
- Your plan can contain contingencies. For example, you can name a sibling to act as guardian if he has reached a certain age. You can name a couple as guardian provided they remain married or remain living in a certain geographic location. You can name grandparents provided they are under a certain age. Your plan can be flexible.
- Create a deep bench. Plan for the unexpected, and nominate a lineup of guardians should the initial guardian be unable or unwilling to serve.
- Prepare a detailed memo that your guardian can rely on as an instruction manual for parenting. This can provide parents great comfort, and provide the guardian with welcome guidelines for your child’s care.
- You can appoint a guardian of the person (to manage and make decisions regarding your child’s education, housing, care, maintenance, etc.) and a guardian of the estate (to manage your child’s finances). This does not have to be the same person. Some parents choose to use the same person, and some prefer to bifurcate duties.
Having a detailed estate plan with instructions for the appointed caregiver is critical. Don’t leave these important decisions to the discretion of the probate court.