5. Think about your children

Think about making a plan for your minor children by deciding:

• who will care for them, and
• who will manage the property you leave them after you die.

A minor is anyone under age 18.

Caring for your children

A person needs to have decision-making responsibility 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, the school they go to, 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 when you die.

But there may not be another person with this role. And you need a plan if you and the child's other parent die at the same time.

Making a will allows you to name someone you trust to take care of your children for up to 90 days after you die.

If that person wants to continue to look after your children after 90 days, they have to go to court and ask for decision-making responsibility before the 90 days have passed.

If more than one person applies for decision-making responsibility, 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

Looking after your child is a big responsibility. Before you name someone in your will to have decision-making responsibility for your child, see if they agree to take on this role.

Managing your children’s share of your estate

If you die, someone has to manage your minor child's property.

You may even want someone to manage property for your adult child, if they're not financially responsible.

There are different ways to let someone manage your child's share of your property. A lawyer can help you decide which one works best in your situation.

Trustee

You can create a trust for your children that puts conditions on how and when they get the property you leave them when you die.

If you create a trust, you must also name someone to be a trustee. This person is responsible for managing the trust according to your instructions.

You can have the trustee manage the property while your child is a minor. And a trust lets you give your children your property gradually over time. It can include instructions on paying for things like school and extracurricular activities.

Guardian of property

If a court named you guardian of property for your child, you can name someone to take over this role in your will. A guardian of property controls and is responsible for the property your child gets for up to 90 days after you die.

If the person you named to be guardian of property wants to continue managing the property after 90 days, they have to go to court and ask for permission before the 90 days have passed.