For clients with minor children, the guardian nomination is often the single most important provision — and it is distinct from the money. Separate the guardian of the person (who raises the child) from control of the child's assets (better handled by a trustee under a testamentary or living trust), and give the court a clear, current nomination it will ordinarily honor.
A guardian of the person has custody and care; a guardian (or conservator) of the estate manages the minor's property. Best practice is to nominate a guardian of the person in the will and to keep the child's inheritance out of a guardianship of the estate by directing it to a trust with a chosen trustee — avoiding court-supervised accountings and the age-18 lump-sum payout of a UTMA/guardianship.
- Nominate primary and successor guardians; the court retains authority but generally defers to a fit nominee in the child's best interests.
- Consider a separate, immediately effective standby guardianship (available by statute in many states) for a single parent or a parent facing serious illness, so care continues without a gap.
- Address travel, temporary custody, and a letter of intent giving the guardian guidance on values, education, and the child's needs.
- Coordinate with the trust: the trustee holds and disburses funds for the guardian's use, adding a check without burdening caregiving.
Practice tip
Have both parents execute consistent nominations, and revisit after divorce, relocation, or the death of a nominee — a stale nomination naming an estranged relative is worse than none.
Key takeaways
- Nominate the guardian of the person in the will; route the child's assets to a trust, not a guardianship of the estate.
- Standby guardianship statutes can prevent a care gap for single or seriously ill parents.
- Name successors and add a letter of intent; revisit the nomination after major life changes.
Authorities
- Uniform Probate Code Art. V (protection of minors)
- State standby guardianship statutes (vary by jurisdiction)