You have done the right thing by creating a will or estate plan in Georgia that names a guardian for your children and sets them up financially. However, have you planned for what happens right after you die before your estate can go through probate? That time is going to be especially important for your children. After all, they just lost you. The last thing that should happen is more devastation and disruption in their lives. That is why you have to ensure you have an immediate plan for your children.
Forbes explains that until your estate goes through probate, your children are essential wards of the state as they have no legal guardian. Your will only plans for the long term. You need to plan for the short term.
What will happen to your kids right after you die? Do you have the guardian set up to take immediate custody? Is that even a legal plan? Will Child Protective Services step in? You need to know what will happen before you can make any plans.
Once you know the general process, you can start to work on your plans. You can create a legal a document that will automatically transfer custody upon your death to the chosen guardian or a middle man who will care for the children until the legal guardianship is in place.
You need to think about every practical thing. For example, if the person you want to be the guardian of your child lives hours away, who will take care of your child in until they get there? You can provide legal documentation for where your child should go and who has the right to take temporary custody. This will help CPS or law enforcement who may not legally be able to hand your child over to anyone because it gives them the legal ability to give your child to the person you name. This information is for education and is not legal advice.