ANNE ARUNDEL, CALVERT, CHARLES, ST. MARY’S & PRINCE GEORGE’S COUNTIES.
Guardianship & Minor Children | Haskell & Dyer
Naming a Guardian Is the Most Important Choice in Your Plan.
If you have young children, deciding who would raise them matters more than anything else in your plan. We make sure your choice is clear, legally sound, and backed by a way to provide for them.
If You Have Young Children
Without your choice in writing, a court decides for you.
If something happens to both parents and you have not named a guardian, a judge chooses who raises your children, with no guidance from you. Family members may even disagree in court. Naming a guardian in your plan puts that decision where it belongs, with you.
Two Things to Set Up
Who Raises Them, and Who Manages the Money
Providing for minor children takes two decisions. They often involve different people, and both matter.
Their Care
Guardian Designation
The guardian is the person who raises your children if you cannot: their home, their daily care, their upbringing. You name this person in your will so your wishes guide the court rather than leaving the choice open.
Their Money
Trusts for Minors
Children cannot manage an inheritance, and handing a large sum to a young adult rarely goes well. A trust holds what you leave them, names someone to manage it, and releases it on terms you set, at the ages you choose.
What We Help You Decide
The Pieces of Protecting Your Children
A plan for minor children covers more than one name. These are the parts we work through together.
Primary guardian
Backup guardian
Who manages the money
A trust for their inheritance
The ages funds are released
What the funds can be used for
Why It Matters
What This Part of Your Plan Protects
Nothing in a plan carries higher stakes than the care of your children.
Care
Your children are raised by your choice
Stability
A clear plan in a frightening moment
Money
Their inheritance is managed, not handed over
Timing
Funds reach them when they are ready
How We Help You Protect Your Children
We make sure your choice of guardian holds up and that the money side is handled with as much care as the custody side.
We Make Your Choice Clear
We name your guardian and a backup in your will, in clear terms, so your wishes guide the court if it ever comes to that.
We Set Up the Money Side
We build a trust so your children's inheritance is managed by someone you trust, not handed over before they are ready.
We Set the Terms
You choose when and how funds are released, at what ages, and for what, so the money supports them the way you intend.
We Keep It Current
As your children grow and your family changes, we help you update the guardian and the terms to match.
Common Questions
Guardianship & Minor Children, Answered
What happens to my kids if I don't name a guardian?
If both parents are gone and no guardian is named, a court decides who raises your children, choosing from people who step forward, with no direction from you. Relatives may disagree, and the outcome may not be what you would have wanted. Naming a guardian in your will gives the court your clear preference and avoids that uncertainty.
How do I name a guardian for my children?
You name the guardian in your will, ideally with a backup in case your first choice cannot serve. It helps to talk with the people you are naming so they are willing, and to think about who shares your values and can give your children a stable home. We help you make the designation clear and legally sound.
Why do I need a trust if I already have life insurance?
Life insurance pays out a lump sum, and if your children are the beneficiaries, that money can land in their hands at a young age or be tied up in a court process. A trust catches those funds, names someone to manage them, and releases them on your terms. Pairing the trust with your insurance is how the money actually protects them.
At what age should my children receive their inheritance?
That is your call, and many parents choose to release funds in stages rather than all at once, for example, portions at certain ages with the trust covering education and needs in the meantime. There is no single right answer. We talk through what fits your family and build the trust to release funds the way you want.
Can I name different people for the children and the money?
Yes, and many families do. The person best suited to raise your children is not always the best at managing money, and splitting the roles can be wise. You can name a guardian for their care and a separate trustee for the funds. We help you decide whether to split the roles and set it up cleanly.
Make Sure Your Children Are Protected by Your Choice.
Naming a guardian and setting up a trust for your children is the heart of a parent's plan. Reach out and we will help you get both right. The consultation is a conversation, not a commitment.
Prefer to talk now? Reach us at 301-627-5844
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC Practicing Law in Anne Arundel, Calvert, Charles, St. Mary’s, and Prince George’s Counties.
The Law Offices of Haskell & Dyer, LLC
Fax: 301-627-5848
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