Who Gets Custody of Your Kids If You Die? How to Legally Name a Guardian
This is a recording of a live Good Grief community workshop. Members get access to expert-led sessions where they can ask questions, connect with others, and find support.
What would actually happen to your children if something unexpected happened to you tonight?
Estate planning attorney Nik Sallie walks parents through how to legally nominate guardians for their minor children, what happens if you die without a plan in place, and how to protect your family's assets from probate.
Nik also covers what changes legally when your child turns 18, why a will alone may not be enough, and how a free online tool called the Kids Protection Plan lets you generate a legal guardian nomination document in about 15 minutes.
What you'll learn in this video
- The difference between short-term and long-term guardians, and why you need both
- Why naming godparents or mentioning preferences verbally is not legally binding
- What happens to your children and your assets if you die without a plan
- How probate works, what it costs, and why a living trust is the most reliable way to avoid it
- What changes legally when your child turns 18 and why college-age kids need their own documents
- How to use a free online tool to nominate legal guardians and generate a document today
- How to search your state's unclaimed property database for forgotten assets
Resources from this session
This session and recap are for educational purposes only and are not legal advice. Estate planning laws vary by state and individual situation. Please consult a qualified attorney about your specific circumstances.
The complete workshop deck, notes, and resources for this session are available in the Good Grief Community Platform.
Access the full recapWorkshop led by
Nik Sallie
Estate Planning Attorney and Founder, Tastemakers Legal