San Diego County Estate Planning Lawyer Mark Ignacio Helps Parents Ensure Their Children Will Be Cared for No Matter What the Future Holds
The gentle laughter echoing through your home, the pitter-patter of little feet on the floor—these are the moments you cherish as a parent. But what if tragedy struck unexpectedly? Who would step in to care for your child? In San Diego County, estate planning lawyer Mark Ignacio is here to help you craft a plan that provides peace of mind.
The Perils of Dying Without a Will in San Diego County
Imagine a scenario where you and your spouse are involved in a tragic accident, leaving your son or daughter behind. Without a will containing guardianship provisions, your child's future becomes uncertain. In California, if you die without a will (known as dying intestate), the court steps in to make crucial decisions about your child's care.
The court will appoint a guardian based on what it believes to be in your child's best interests. While this may seem straightforward, it can lead to several complications:
- Family disputes. Your surviving relatives may disagree about who should raise your child, leading to lengthy and emotionally draining court battles.
- Cultural misalignment. The appointed guardian may not share your cultural or religious values—potentially altering your child's upbringing in ways you never intended.
- Separation from loved ones. Your child might be placed with a relative they barely know—separating them from close family friends or godparents who you might have preferred as guardians.
- Financial strain. Without proper planning, your child's inheritance may be mismanaged—leaving them without the financial support you wanted to provide.
Guardianship Provisions Are Your Child's Safety Net
Guardianship provisions are explained in the California Probate Code, which provides a framework for how guardianship is established and managed. Under California law, there are two types of guardianship to consider: guardianship of the person and guardianship of the estate.
- Guardianship of the person relates to the physical care and custody of your child.
- Guardianship of the estate involves managing any assets left to your child.
In many cases, the same individual serves both roles. However, you have the option to designate different guardians for each responsibility if you wish to do so.
How the Court Views Guardianship Provisions
If you name a guardian in your will, that person doesn't automatically become your child's guardian upon your death. Instead, they must petition the court for appointment. However, your designation in the will serves as strong evidence of your wishes and is given great deference by the court.
San Diego courts also consider the concept of "nomination of guardian," which allows a child 12 years or older to nominate their own guardian. While this doesn't override parental wishes, it is a factor the court will consider—especially in cases where the parents' will is outdated or unclear.
Creating Comprehensive Guardianship Provisions
When you work with Mark Ignacio Law to create your will, you'll have the opportunity to craft detailed guardianship provisions. These provisions can go beyond simply naming a guardian; they can provide guidance on how you want your child raised.
Consider including these elements in your guardianship provisions:
- Primary and alternate guardians. Name your first choice for guardian, but also include alternates in case your primary choice is unable to serve.
- Religious upbringing. Specify your wishes for your child's religious education and participation in faith-based activities.
- Education preferences. Outline your desires for your child's education, whether it's public, private, or faith-based schooling.
- Cultural connections. If maintaining connections to your cultural heritage is important, you can include provisions for this.
- Health care decisions. Provide guidance on medical decisions, especially if certain treatments conflict with your religious beliefs.
- Financial support. Establish a trust or other financial arrangements to support your child and their guardian
- Visitation rights. Specify if you want certain family members or friends to have visitation rights with your child.
Guardianship provisions aren't set in stone. As your child grows and circumstances change, it's important to review and update these provisions regularly. San Diego County estate planning lawyer Mark Ignacio recommends revisiting your will and guardianship provisions every three to five years or after any major life event.
