By Adam L. Engel, Esq. | Estate & Probate Attorney | Shin Law Office
As a parent and an estate planning attorney serving families throughout Haymarket and Prince William County, I understand firsthand the depth of parents’ care for their children’s future. We work hard to protect them every day, but what happens if something unexpected happens to us?
For many families, guardianship planning is one of the most overlooked yet critical parts of estate planning.
It’s not just about money or property; it’s about who will love, guide, and care for your children if you can’t.
Why Guardianship Planning Matters in Prince William County
If you pass away or become incapacitated without a valid will or guardianship nomination, the court not you decides who raises your children.
The judge will make that decision based on what they believe is “in the best interests of the child,” but that person may not be the one you would have chosen.
I’ve seen families torn apart by guardianship disputes that could have been avoided with just a few pages of planning.
Taking the time now to name a guardian gives your children stability and prevents unnecessary legal battles among family members.
How Guardianship Works in Virginia
In Virginia, parents can name a guardian of the person (who provides daily care, education, and emotional support) and a guardian of the estate (who manages a child’s inheritance or property).
If both parents pass away without a nomination, the Prince William County Circuit Court must appoint a guardian.
Judges often favor close relatives, but if there’s disagreement, the process can drag on for months and your children’s care may be uncertain in the meantime.
By putting a legally valid guardianship nomination in your will, you ensure that your chosen person can step in immediately and that your wishes are respected.
The Role of a Will in Guardianship
Your will is more than a statement of how to distribute property it’s your voice for your children’s future.
Through your will, you can:
- Name one or more guardians for your minor children.
- Establish financial safeguards, such as a trust, to manage their inheritance.
- Specify backup guardians if your first choice is unable to serve.
- Clarify your values, educational goals, or faith-based wishes.
Even a simple will can prevent years of court involvement and give your children the security they deserve.
Setting Up a Children’s Trust
Beyond naming a guardian, I often recommend parents establish a revocable living trust or a minor’s trust.
This allows you to appoint a trustee—someone responsible for managing your children’s inheritance until they reach a responsible age, often 25 or older.
Without a trust, any money or property your children inherit could be handed over to them outright at age 18, which can be risky.
A trust allows you to direct how funds are used for education, housing, or healthcare while maintaining long-term financial stability.
Choosing the Right Guardian
Selecting a guardian can feel overwhelming, but I advise Haymarket parents to focus on three core questions:
- Does this person share your values and parenting style?
- Can they provide a stable home and emotional support?
- Are they financially and emotionally prepared to take on the responsibility?
You can also name one person as guardian and another as trustee, separating the roles of caregiving and money management to maintain checks and balances.
The Consequences of Doing Nothing
If you don’t make these decisions, the state will.
Judges in Prince William County must follow statutory procedures and may appoint someone you never intended.
Worse yet, your children could end up in temporary foster care while the court determines who will take them.
That’s why I tell every parent in Haymarket: Guardianship planning isn’t optional—it’s essential.
My Advice for Haymarket Parents
If you have young children and haven’t yet formalized a will or guardianship plan, now is the time.
These are simple, straightforward documents that can protect your children’s well-being for years to come.
As your estate planning attorney, I’ll help you:
- Draft a legally valid will with clear guardianship nominations.
- Create a trust for your children’s financial protection.
- Ensure your documents meet Virginia’s legal requirements for enforceability.
Final Thoughts
Naming a guardian isn’t about planning for tragedy, it’s about preparing for peace of mind. You’re not just protecting assets; you’re protecting the people who matter most.
If you’re a parent in Haymarket, VA, I encourage you to schedule a consultation to discuss your guardianship plan.
Together, we’ll make sure your children are cared for by the people you trust most and that their futures are secure no matter what happens.
Call Shin Law Office today at 571-445-6565 or use our online contact form to schedule a consultation with me.
— Adam L. Engel, Esq.
Attorney | Shin Law Office
Call 571-445-6565 or book a consultation online today.
