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If the Unthinkable Were to Happen to You Today, What Happens to Your Minor Children?

If you were to pass away suddenly without guardian nominations, a judge who doesn’t know you or your children would decide who raises them.

This can be avoided with our NEW

Digital Kids Safeguard System

California Residents Only at this Time

Kids Safeguard System Includes the following documents:

Nomination of Long-Term Guardians
Nomination of Temporary Guardians
Confidential Guardian Exclusion
Letter to Long-Term Guardian
Letter to Temporary Guardian
Family Emergency Information Printable

Bonus: Wishes to Guardian Printable

Limited Time Offer $49

Realtor's Free Printable

California Residents Only at this Time

We know these are tough questions and it is hard to think about. As a parent, you never want to think about not being there for your kids. But without proper planning, you are not in control of what happens to your kids if something happens to you.

Our digital ONLY Kids Safeguard System was created to do just that. It allows you to legally document your wishes where you are making the decisions for your kids and not a court making decisions that doesn’t know you or your kids.

This is a tool for you to engage in self-help and complete legal documents on your own without obtaining legal advice from a licensed attorney in your state. Once you complete the questionnaire and pay, the documents will be e-mailed to you and available for download. You will be responsible for getting your documents printed and signed by a public notary.

Workshop Video

Why nominate guardians for your minor children? To better help you understand here are some our FAQ’s

What is a guardian?
There are two kinds of guardians – (1) those appointed to care for a minor child when the child’s parent is unable to do so, and (2) guardians appointed for the care of an incapacitated adult who can no longer make his or her own decisions. Comprehensive estate planning addresses both types of guardians, so that you and your family are fully protected.

Although a guardianship for an incapacitated adult can be avoided by adding proper powers of attorney, and explicit directions for them, to your estate plan, you should always name guardians for minor children. A court will want to make sure the child’s best interests are cared for. The way that you, as a parent, can make your wishes known is to designate a guardian for your minor children in your estate plan.

If the person that would be a great guardian is not good with money, can I still select them?
Of course you can select them to the be guardian for your children. With a comprehensive estate plan, you can “split up” the roles: one person manages the money (the successor trustee) while another person raises the children (the guardian). Sometimes the same people are appropriate for both roles and other times, naming different people is the right thing to do. This is what we call a “counseling issue,” meaning that after we talk it through, you’ll know what decision to make. The people who care for your children day-to-day may or may not be the best fit to manage the finances as well. The responsibilities do require different skill sets. Luckily, your plan can be tailored to your unique circumstances and needs.
How do I name guardians for my children?
Guardians for minor children must usually be named in a will or in a separate guardian nomination document. If you fail to appoint guardians, the court will decide who raises your children. For parents of minor children, this is the most important estate planning decision you’ll ever make.

Even though it’s hard and no one can raise your children as well as you can, move forward and select the guardians you think will muddle through the best. Some people delay estate planning because they can’t make this decision. Don’t do that; your inaction puts your children at risk. And, be sure to name back-up guardians as well in case your first choice is unable to serve if the time comes.

What is the guardian I name for my children can't serve when the time comes?
This is an important question that many parents forget to ask. It’s essential that you name contingent guardians in your will in case your primary guardians are unable or unwilling to serve if the time comes. Life does indeed change, so be sure to also indicate who get the kids if guardians divorce. Check in with the people you’d like to name to be sure they’re willing and able to serve.
What should I consider when naming guardians?

 

Choose a guardian that shares your same parenting style and values, and will also provide the best education, health, support and love for your child.

 

Naming a couple to act as guardians when you don’t necessarily want one to act alone.

 

Make sure you have at least two alternatives listed when naming a guardian for you child.

Why You Should Nominate Guardians for your Minor Children…..

  •  If something happend to you and the other parent of your minor children, do you know what would happen to your kids?
  • Do you want a judge who doesn’t know your children making decisions of who would care for them if you could not?
  • Maybe you have an idea or have even discussed it with the potential guardians, but have you legally doucumented your wishes?
  • Do you live close to family or have short-term guardians nominated so that if an emergency, they could get to the kids quickly so child protective services doesn’t get involed and potentially remove your children from their home and put them in foster care?
  • Is there someone that you would never want to be guardians of your children that could petition the court for guardianship?
  • If you left your kids with a babysitter for date night and there was a car accident, does your babysitter know who to call? Can the babysitter get ahold of your family that lives close by to take your kids quickly?
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Happy Families

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At Hermance Law, we strive to provide our clients with the absolute best experience possible. Our offices are child-friendly to accommodate every member of your family. Our team is dedicated to assisting you every step of the planning process. We want you to know that here you aren’t just clients, you are a part of the Hermance Law family.

“Hermance Law is the best of the best! They are so knowledgeable and have this whole process down to a science.”

Jennifer S.

“We had an easy and painless time putting together the information we needed, and they were so great about walking us through any questions we had.”

Todd H.

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