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Guardianship in Estate Planning, continued

Welcome back. We are here to talk more about guardianship and estate planning in Cary NC. Sometimes, we don't consider the two as equally important. However, they are. Below, you'll find more information about understanding them.

Guardianship and Estate Planning in Cary NC

The second application is with a grantor’s children, grandchildren, or minor beneficiaries. If a child’s parents die, the issue arises as to whom takes control of the child. The court should always have final say. This is due to the fact that the court will make sure they rule in favor of the child’s best interest.
However, there is a law that states the court shall give considerable deference to a parent’s guardianship nomination in that parent’s Last Will. Therefore, if Janice would prefer that her child goes to her level-headed sister, instead of Janice’s kooky father, then she should have a Will with the guardianship provision (otherwise, Janice’s father will most likely have priority).
Guardianship is different than child custody, in that guardianship (for minors) typically involves when there’s no living parent, whereas custody deals more with living parents or family members fighting over a child due to an estranged relationship.
In another situation, families can protect their incompetent adult relative by establishing a guardianship. In this case, the incompetent adult can no longer care for themselves. If you need assistance with this situation, please consider contacting our estate lawyer in Cary NC for help.
Eldreth Law Firm | Estate Planning in Cary NC
When creating an estate plan, we can factor in what may happen, as aging occurs. Planning to have someone specific take care of us, our spouse or children in the event of an untimely death or incapacitation is key. This can ensure protection so that wishes are carried out even when we are no longer able to express ourselves.
If you don’t have an estate plan in place or haven’t reviewed yours in several years, now might be the best time to start. Our estate lawyer in Cary NC can  help you get an estate plan and necessary documents in order and ready. That way, if you should you pass in an untimely manner or become incapacitated at some point, your assets will be protected and a guardian of your choice can be appointed. It’s better to be safe than sorry when it comes to estate planning. Contact our office, and get started now.

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