Guardianship
Without a guardian named in your will, an Alabama court decides who raises your minor children if something happens to you. A clear written nomination carries enormous weight — and can prevent a public, contested process at the worst possible moment.
What you should know
- Alabama courts apply a “best interest of the child” standard, but a thoughtful written nomination from both parents is typically honored.
- The nomination must be in your will — not in a trust — to have proper legal force.
- The guardian of the person (who raises the child) and the conservator of the estate (who manages the child’s money) are separate roles. They can be filled by different people, and often should be.
- A children’s trust drafted into your estate plan keeps the financial inheritance separate from the day-to-day responsibility of raising the children.
- The person you name should be told in advance. Naming someone who later declines to serve can leave your children where you most wanted to avoid — back in front of a judge.
Have you named guardians for your minor children?
Five quick questions about your guardianship plan. Brent reads your answer back to you at the end.
A 30-second guided check. See whether your nominations are in place for your children.