Planning for Parents of Minor Children

If you are a parent of minor children, a comprehensive estate plan is essential to ensure your children are protected no matter what happens. Yet many parents delay planning because they are busy raising their families or believe their wishes are “simple.” In reality, even straightforward situations require thoughtful decisions to keep your children out of court, out of conflict, and fully cared for if you become incapacitated or pass away.

For many married parents, estate planning may seem obvious: your spouse would make decisions for you, and everything would pass to them and then to your children. But California law does not automatically work that way, and without proper legal documents in place, your family could face complications, delays, or court involvement.

At a minimum, every parent—married or single—should have a will and a legally valid nomination of guardians. Choosing the right guardians requires considering lifestyle, values, parenting philosophy, and future life changes such as divorce, remarriage, health issues, or relocation.

Without proper planning, any of the following can happen:

• Your children could be taken into temporary custody by Child Protective Services if authorities cannot quickly identify who is legally authorized to care for them.
• Your children might be placed with someone you would never choose, simply because the court must pick from available petitioners.
• A judge who does not know your values, preferences, or parenting priorities will decide who raises your children.
• Family members could end up in a custody dispute if no guardian is named or if your choice is challenged.
• Your estate may be forced through probate, costing up to 5% of its value and delaying access to funds your children may need.
• When your children turn 18, they could receive their inheritance all at once, leaving them vulnerable to poor decisions, undue influence, or financial predators who monitor public probate records.

We know these possibilities sound frightening. Our role is to ensure your children are protected and that none of these outcomes ever become their reality. At Cheever Law, APC, we help you choose the best guardians for your children and design an estate plan that provides clear, legally enforceable protection.

To help families take the first step, we also offer a free Nomination of Guardians so you can legally name who should care for your children if something happens to you, click here to learn more.

We understand this is a sensitive and emotional topic, and we make the process as smooth, supportive, and simple as possible. When you’re ready to begin, click here to get started.