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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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What type of directive is necessary to protect minor children

Customer Question

What type of directive is necessary to protect minor children from becoming a ward of the state in the event of parents death. (Texas)
Submitted: 4 years ago.
Category: Family Law
Expert:  Samuel II replied 4 years ago.

Please tell me why this is a concern?

Are you the Mother or Father and where is the other parent?
Customer: replied 4 years ago.

My children travel quite frequently. We've discussed what would happen to their minor children if something should happen to both parents. What do they need to have in place to protect the children other than a will

Expert:  Samuel II replied 4 years ago.

Thank you for that information.

Of course, if both parents should die at the same time, then the family member who has the children at the time would apply to the court for a guardianship

So in the interim and the parents are traveling, I suggest they will want to have a limited guardianship to the caretakers of the children at the time.

But other than that and then, of course, a Will there is nothing

Of course, if such a incident should occur and there is no temporary guardianship in place while the parents travel, then a next of kin would be awarded the children temporarily and that would be a decision of the court

There is nothing that can be filed to Pass Children onto another as the courts do not recognize them as property

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