When a parent passes away intestate (without a will), a probate judge determines who should become the guardian of the minor children. The process can be emotional and legally complex.
🏛️ How Guardianship Is Determined Without a Will
If no other parent is alive or able to take custody, the court will consider:
- The best interests of the child
- The relationship between the child and potential guardians
- The guardian’s ability to provide a stable home
- Recommendations from relatives or other concerned parties
The court may appoint:
- A close relative (e.g., grandparent, sibling, aunt/uncle)
- A non-relative who has a significant relationship with the child
- A court-appointed guardian ad litem to represent the child’s interests in contested cases
⚠️ Why You Need a Will If You Have Children
By naming a legal guardian in your will, you:
- Take control over who raises your children
- Help avoid family disputes and court delays
- Give the court clear guidance on your wishes
Without a will, you lose that control, and your family could face uncertainty and emotional strain during an already difficult time.
✅ Protect Your Family With a Legally Valid Will
At King & Rowe, Attorneys at Law, we guide parents through the process of naming guardians and securing their children’s future. Our Hickory-based attorneys help ensure your wishes are honored—now and for years to come.
📞 Call us today at 828.466.3858 or schedule a consultation with a local estate planning attorney to create a customized will.
