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What Happens to Your Child if You Don’t Have a Will?

HomeWills Estates and TrustsWhat Happens to Your Child if You Don’t Have a Will?

The conversation around death and the protection of your family is an uncomfortable yet crucial aspect to address. 

People tend to ignore the vitality of a will. However, what often goes unnoticed is how you will document all instructions regarding your assets, finances, and custody following your demise.

What is a Will?

Will is a legally binding document that is effective following your death.

Your lawyer or a court order puts it into action. It also contains information about who will care for your minor children if something happens to you.

Courts always prioritize having a parent as the custodian. However, if you have special requests that you want the law to recognize, a Will can ensure their implementation. Death is unpredictable, and a legal document like a Will protects your child from uncertainty if it must happen.

You can collaborate with your lawyer and get started on framing it anytime.

How does a Will help your child?

We will also ensure your legacy on passed to whom you deem appropriate. Without a will, State law decides how to distribute your property.

Typically, your assets pass on to your spouse or children. However, you should process an agreement to accommodate any special requests.

The conservator of your child assumes control over your child’s finances and education until they come of age (18 years in most states). Suppose you wish a bank manages your child’s money matters and not the guardian. It will facilitate with a will.

Without a Will, spouse, or guardian, the state court decides who gets custody of your child.

The State’s court system considers the best interests of your child. 

Suppose the child still has a biological parent. In that case, the court passes full custodial rights to them unless they are mentally or physically unfit.

They can give custody to a third party or a willing caretaker for the role of the primary caregiver. The judge observes the child’s age and the background of the single parent or the guardian.

How to frame a Will at a low cost?

Legal plans give you access to a network of lawyers at affordable rates to frame a Will. You pay nominal fees (between $25 to $49) and receive extensive coverage on all legal matters.

Moreover, you can access out-of-town attorneys and have them represent you in another state.

Receive legal services anytime during your membership without paying an additional retainer fee.

Reach out to legal plan representatives by simply filling out the form on our website.

Preparing a will, a lawyer can help

Important: The articles available on are neither legal advice nor a replacement for an attorney. The contents are general information and guidance concerning different legal issues. We make sure that these articles prove helpful to you, but we do not promise or guarantee that they are suitable for your condition. We also do not take responsibility for any loss that might cause to you using these articles. Hence, we strictly suggest you get expert legal advice. Consult or hire an attorney in case of any doubt.