3. Learn what happens to your minor children
Question & Answer
What is a will and what happens if I die without making one?If you die without a will and have minor children someone has to:
- care for them
- manage the property they get from your
There are rules about who has this responsibility or who can apply for it if you die without a will.
A minor child is a child younger than 18 years.
Caring for your minor children
A person needs to have for your minor children to take care of them after you die. This gives them the right to make important decisions for your child like where they live and go to school, and about their health care.
Decision-making responsibility used to be called custody.
In most cases, your children's other parent has decision-making responsibility for your minor children if you die without a will.
But if no one has this role and you die without a will, then someone must go to court and ask for decision-making responsibility.
If more than one person applies for it, the court decides based on factors such as:
- how they're related to your children
- if they're able to care for your children financially
- where they live
- how old they are
Managing your minor child’s share of your estate
If your minor child's share of your estate is less than $35,000, their share is paid to the person with decision-making responsibility for them.
If your minor child's share of your estate is more than $35,000, then someone must apply to the court to become guardian of property for your child. They must file a plan that says how they'll invest and manage your child's property.
A guardian of property is someone who manages and is responsible for another person's property when they cannot manage it themselves.
If nobody applies to be your child's guardian of property and the property is worth more than $35,000, then the court controls the property until your child turns 18.
If your child needs money when the court controls their property, the person with decision-making responsibility can apply to the court for money.
They must show why your child needs the money and that they cannot meet your child's needs without help.
A judge decides whether the money should be released based on many things. They often release money for medical or education expenses.
If you make a will
If you make a will, you can give someone the power to care for your minor children for up to 90 days after you die.
They can apply to the court if they want to continue after 90 days.
In your will, you can also create a trust. This means you choose a person to hold and manage the property that you leave your child. You can also set up trusts for other , like adult children.
