Estate Planning

The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague and fellow Personal Family Lawyer, Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me at 770-425-6060.

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You and your partner are suddenly deceased. You both have wills but you only nominated a permanent guardian. They were prepared two years ago and since then the couple you designated has divorced, and both of them are unreachable (he is out of the country on business and she has changed her address).

What happens in the first 24 - 48 hours after your death?

Kimberly:  If there is no one to take custody of your children in this scenario, then CPS will have to take custody until someone can be located or a temporary or permanent guardian can be appointed by the court.  The procedure in Texas is to probate the will and appoint a guardian. Unfortunately, in this case, the parents committed one of the six common mistakes people make by not regularly updating their wills. Since the couple you selected as guardians is now divorced, the court may only designate one of them (and it may not be the person you?d choose) or decide on someone else entirely.