How to Legally Protect Your Kids If Something Happens to You

It’s a tough thought, what would happen to your children if you were no longer around to care for them?

No one likes to imagine such a scenario, but it’s one of the most important steps you can take to protect your family. With some thoughtful planning, you can make sure your kids are cared for by the people you choose.

Here’s how to protect your kids under Tennessee law.

Choose a Guardian — and Put It in Writing

In Tennessee, if something happens to both parents and there is no legal documentation naming a guardian, the court decides who gets custody of your children. The judge will act in the “best interest of the child,” but that may not align with your wishes, and it can cause conflict among family members.

To avoid uncertainty, you can name a guardian for your minor children in your Last Will and Testament. This is the only way to make your wishes legally known to the court.

When choosing a guardian, consider:

• Who shares your values and parenting style
• Who has the ability — financially, physically, and emotionally — to care for your children
• Who lives in a location where your children could thrive

It’s also smart to name at least one backup guardian in case your first choice cannot serve when the time comes.

Plan for Their Financial Future

Even if you name a guardian, that person won’t automatically control your children’s inheritance. Without a plan, the court appoints a conservator to manage the funds until your children turn 18 — then gives the funds to them outright, regardless of their maturity level.

A better solution under Tennessee law is to create a trust. A trust allows you to:

• Appoint a trustee you trust to manage and distribute funds for your children
• Specify how the funds should be used (education, housing, healthcare, etc.)
• Delay full distribution until your children reach an age you feel is appropriate

This ensures that your children’s inheritance is used wisely and supports them for years to come.

Check Your Beneficiary Designations

Some assets — like life insurance policies, retirement accounts, and payable-on-death bank accounts — are not controlled by your will or trust. These pass directly to the beneficiaries you name on the account.

Review your beneficiary designations and make sure they align with your overall plan. If you’ve set up a trust for your kids, you may choose to name the trust as the beneficiary so that those funds are properly managed.

Leave Care Instructions

Beyond the legal documents, you can also write down helpful information for whoever might step into your role. Consider documenting your children’s daily routines, medical needs, school details, and anything else that would help a caregiver make your children feel safe and comfortable during a difficult time.

Start Today

Planning for these possibilities may feel uncomfortable, but it’s one of the most meaningful things you can do for your family. By taking these steps now, you ensure that your wishes are known and that your children have the care needed.

If you’re ready to get started, we’re here to help. Contact our office to schedule a consultation and take the first step toward peace of mind.