21st Nov 2018

If you die without a will (or a trust or other estate planning) like Aretha Franklin, you may lose the opportunity to nominate a guardian for your minor children.

Guardianship Overview

A minor is someone under the age of majority (18 in Oklahoma and most states). A guardian of a minor is someone appointed by a Court and charged with taking care of the person and/or property of the child, under the supervision of that Court.  A Court has discretion in the appointment of a guardian, and a written nomination by a deceased parent is a huge consideration.

In a Will

The most common place written guardianship nominations for minors are made is in a last will and testament of the parent(s). Those issues should be part of any discussion of a will, or estate planning in general, where minor children are involved.

The law seems to indicate that a will is not the only place a written nomination can be made. But often if someone does not do basic estate planning, there will not be other planning – such as a separate written nomination of a guardian.


For parents, it is hard to imagine many issues more important than who would take care of their children if they were not around.

More On Guardianship

A full discussion of guardianship is beyond the scope of this brief blog post. Guardianships of both minors and adults would be good topics for future blog posts.  If you have deeper questions in these areas, you can get in contact with our office for a free initial consultation.


For now, this post is helpful in making its main, basic point: all parents should consider nominating a guardian for their minor children, and a will and basic estate plan is a great way to do it.

If our office may be of assistance to you in these areas, do not hesitate to contact us at (580) 338-6503 or at coryhicks@fieldandhicks.com or using any of our contact information in the profile.  You can also visit www.fieldandhicks.com for more information.

This blog contains general information and the opinions of the author – not legal advice; you should seek the advice of competent counsel (attorney/lawyer) when considering any legal issues.

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