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Who will raise your kids if you and your spouse die?

San Antonio parents no doubt want only the best for their children. Yet in their haste to select the best primary and secondary schools and set up college funds, many often overlook one of the most important decisions that they may ever have to make: who will take care of the children in the event that both they and their spouses die?

Title 3, Section 1104.052 of the Texas Estate Code as shared by the website Texas Constitution and Statutes outlines the state’s procedures for appoint a guardian in the event that minor children are orphaned. Their succession of guardianship is as follows:

  •          A grandparent of the direct line of the children
  •          If no grandparents are surviving, the next nearest of kin shall be appointed
  •          If the children have no living relatives, the court shall name a qualified person as guardian

If multiple grandparents or multiple relatives are surviving, the court will consider the best interests of the children when selecting a guardian. Due to the potential for conflict which could arise from such a scenario, parents are strongly encouraged to consider to prepare for such a possibility by naming a guardian themselves before circumstances rob them of the opportunity.

If you’re contemplating this decision, you may want to consider factors other than which members of your extended family that you and your children are closest to. While this is certainly important, so is considering who is the most well-equipped to handle the added financial burden of raising your children. Another point to ponder is will the person(s) you’re considering take the responsibility of being your children’s guardian seriously.

While none of the above information should be viewed as legal advice, it can help to ease familial tensions by allowing you, and not the courts, to make this important decision. 

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