• Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • Our Firm
    • About Our Firm
    • Attorney and Staff Profiles
  • Services
    • Asset Protection & Business Planning
    • Elder Law & Medicaid Services
    • Estate and Gift Tax Figures
    • Estate Planning Services
    • Family-Owned Businesses & Farms
    • Legacy Planning
    • LGBTQ Estate Planning
    • Pet Planning
    • SECURE Act
    • Special Needs Planning
    • Trust Administration & Probate
  • Elder Law
    • Coping With Alzheimer’s
    • Emergency Medicaid & Nursing Home Planning
    • Guardianship & Conservatorship
    • Hospice Care
    • Medicaid Planning
    • Veterans Benefits
  • Seminars
  • Areas We Serve
    • Ballwin
    • Chesterfield
    • Clayton
    • Creve Couer
    • Des Peres
    • Edwardsville
    • Fenton
    • Glen Carbon
    • Glendale
    • Kirkwood
    • Maryland Heights
    • Oakland
    • Sappington
    • St. Louis
    • Sunset Hills
    • Valley Park
    • Webster Groves
  • Resources
    • Asset Protection Worksheet
    • Elder Law Resources
      • Chesterfield Elder Law
      • Fenton Elder Law
      • Kirkwood Elder Law
      • Sunset Hills Elder Law
      • St. Louis Elder Law
      • St. Peters Elder Law
      • Webster Groves Elder Law
    • FREE Estate Planning Seminars
    • FREE Estate Planning Worksheet
    • Frequently Asked Questions
      • Estate Planning
      • Families Without an Estate Plan
      • Legacy Wealth Planning
      • LGBTQ Estate Planning
      • Trust Administration & Probate
    • Is Your Estate Plan Outdated?
    • Medicaid Resources
    • Multimedia
    • Newsletters
    • Presentations
    • Pre Consultation Form
    • Probate Checklist
    • Probate Resources
    • Retirement Planning Checklist
    • Special Reports
      • Advanced Estate Planning
      • Basic Estate Planning
      • Estate Planning For Niches
      • Trust Administration
  • Reviews
    • Our Reviews
    • Review Us
  • Blog
  • Contact Us

Amen, Gantner & Capriano | Your Estate Matters, L.L.C.

St. Louis Estate Planning & Elder Law Attorneys

Logo
CONNECT WITH US TODAY (314) 966-8077
ATTEND A FREE WEBINAR
Home / Estate Planning / Guardianship St Louis Missouri: Nominating a Guardian for Your Minor Children

Guardianship St Louis Missouri: Nominating a Guardian for Your Minor Children

January 19, 2014

Estate Planning Tagged With: Estate Planning, guardian, guardianship in st louis missouri, nominating a guardian, will

In Missouri, when most people think of the purpose of a Last Will and Testament they focus on the division of estate assets upon the death of the testator, or person executing the Will. While your Will certainly does allow you to decide how your estate assets will be handled when you die it does something even more important for parents of minor children – allow you to nominate a guardian. Nominating a guardian for your minor children can only be done in your Will, making the creation of an estate plan even more important for parents of minor children than it is for anyone else.

To understand why guardianship in St Louis Missouri is such an important aspect of creating a Will, it helps to understand what happens if you die intestate, or without a valid Will in place.  If the other biological parent survived you he or she will likely gain custody of your minor children; however, in the absence of the other biological parent a guardian must be appointed to care for your children. In that case, a court must decide who to appoint as your child’s guardian. Your Will is your only opportunity to let it court know who you would appoint as guardian if you were alive to do so. The court will typically place a great degree of importance on your nomination as this is the only indication the court has of your wishes.

When deciding who to nominate as guardian for your minor child(ren), take the following into consideration:

  • Familiarity – choosing someone with whom your children already have an existing relationship will make an already difficult situation a little bit easier.
  • Proximity – when possible, choose a guardian who lives close by or who is willing to relocate to prevent your children from being uprooted from familiar surroundings at such an emotional time.
  • Financial stability – your guardian should either be financially able to provide for your child or you should leave enough assets behind to provide for them in your estate plan.
  • Beliefs, parenting philosophies – consider your nomination’s parenting philosophies and beliefs. Are they similar to yours? Ideally, you will choose someone who will raise your child in much the same way you would.
  • Desire – never assume that someone is willing to raise your child even if you have a very close relationship. Always discuss the issue first before nominating the person in your Will.

Executing a Will that includes the nomination of a guardian for your minor children will give you the peace of mind to know that your children will be well cared for in the event you are not here to care for them yourself.

  • Author
  • Recent Posts
Paul Gantner
Latest posts by Paul Gantner (see all)
  • The Power in Powers of Appointment - June 15, 2022
  • The Toll of Serving as Fiduciary - June 9, 2022
  • What an In Terrerem Clause Can Do for You - June 1, 2022

Filed Under: Estate Planning Tagged With: Estate Planning, guardian, guardianship in st louis missouri, nominating a guardian, will

Other Articles You May Find Useful

The Power in Powers of Appointment
The Toll of Serving as Fiduciary
What an In Terrerem Clause Can Do for You
Business Succession Planning May Be Easier than You Think
Just When You Thought You Understood the 10-Year Rule, Think Again
Application of the Transfer for Value Rule to the Sale of Life Insurance

Primary Sidebar

Download our free Estate Planning Worksheet

There's a lot that goes into setting up a comprehensive estate plan, but with our FREE worksheet, you'll be one step closer to getting yourself and your family on the path to a secure and happy future.
  • This field is for validation purposes and should be left unchanged.

Follow Us

  • Facebook
  • twitter
  • linkedin
  • youtube

Blog Subscription

  • This field is for validation purposes and should be left unchanged.

Where We Are

Amen, Gantner & Capriano
10733 Sunset Office Drive, Suite 425
St. Louis, MO 63127

See Larger MapGet directions

Office Hours

Monday8:30 AM - 5:00 PM
Tuesday8:30 AM - 5:00 PM
Wednesday8:30 AM - 5:00 PM
Thursday8:30 AM - 5:00 PM
Friday8:30 AM - 12:00 PM

Map

map for Amen, Gantner & Capriano Your Estate Matters office
  • Advantages of Working With Our Firm
  • About The American Academy
  • Disclaimer
  • Privacy Policy
  • Sitemap
  • Contact Us

Footer

Connect to us

  • Facebook
  • twitter
  • linkedin
  • youtube
footer-logo

© 2022 American Academy of Estate Planning Attorneys, Inc.

Amen, Gantner & Capriano,
Your Estate Matters, LLC

Attorney Advertisement