What are Guardianships and Trusts for Minor Children?
A minor child must have an adult guardian unless a court has declared he is legally “emancipated.” The determination of who is a “minor” is a matter of state law. Maryland declares that anyone under the age of 18 is a minor. Normally the surviving spouse becomes the personal guardian of your minor child. Parents. Should agree on who they want appointed as personal guardian of their children in case both parents die simultaneously. In the case of divorced or separated parents, the surviving parent will generally have the best claim to be the guardian of their child, although anyone may challenge a person’s petition to be guardian of a child. If the surviving parent is unavailable, the courts will give great weight to the preference contained in the deceased parent’s Will. Minor children cannot own property. This means that there must be an adult legally responsible for supervising and administering property owned by a child. Thus, you need to name a property guardian for your minor chil
