At death, naming guardian in will is crucial part of process

Lubbers & Borg partner explains importance of guardianship provision

HENDERSON, Nev.It’s devastating, but not uncommon, for a parent or parents to pass away before their children are 18 years old. However, it’s even harder on the children if the deceased parent or parents do not have anything in writing stating his/her desires regarding who would become their child’s legal guardian in the case such a circumstance arises.

Brooke Borg, partner at Las Vegas-based law firm Lubbers and Borg, has been helping Las Vegas Valley residents for almost 10 years with their last wills and testaments, including adding provisions for guardianship.

“The guardianship provision is the most important aspect of your last will and testament,” Borg said. “This provision will state your desires regarding who will raise your minor children after your death. Without the provision, the fate of the children is left to the courts to decide.”

Borg said, in many instances in today’s society, families are blended – meaning one or both spouses have children from a previous marriage or are divorced. When a parent passes away and leaves a minor child without another parent consistently in his/her life, the courts will often look to the last will and testament to see who the deceased parent nominated to act as the child’s guardian.

She added that, when there is a surviving parent, that person is usually considered by the court depending on the individual circumstances. However, it is a misconception that just because a person names someone as a guardian to his or her minor child that the court will automatically appoint that person to the position. The person named as guardian must still petition the court for the appointment.

“The courts take into account various factors in the child’s life and the appointed guardian’s life,” Borg said. “The best interests of the child are always the most important aspect of the process. Selecting someone to be a guardian for a child is the best way to keep the guardianship selection process moving in the right direction.”

Borg and fellow partner Ed Lubbers have more than 30 years of combined experience with wills and trusts along with other estate planning documents including health care directives.

Originally founded as The Lubbers Law Group, Lubbers & Borg has been known as an advisory firm for small businesses since its establishment in 1999. The firm focuses on real estate matters, business planning, asset protection and probate.

For more information regarding Lubbers and Borg call 702-257-7575 or visit www.lubbersborg.com.

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