No Will, No Plan: The Court Process for Appointing Guardians - Whitney L. Thompson

From The Law Office of Whitney L. Thompson, PLLC — No Will, No Plan: The Court Process for Appointing Guardians walks listeners through the high-stakes journey that unfolds when a parent dies without naming a guardian in Texas. In this episode, we unpack how the court’s default hierarchy and mandatory legal steps determine who will raise your children—often without your input.

In the second segment, we introduce Whitney L. Thompson and share her approach to guiding families through probate and estate planning. We explain how she helps clients avoid the confusion and conflict of the guardianship process, including working with the probate court, advising on wills, and crafting a Declaration of Appointment of Guardian for My Children in the Event of My Death or Incapacity.

Next, we take listeners step by step through the guardianship proceeding: from filing the Application for Appointment of Guardian, to the appointment of an Attorney Ad Litem, investigations, the hearing, and the ultimate decision by the judge. We also examine the roles of the Attorney Ad Litem (AAL) and Guardian Ad Litem (GAL), as well as the surprising legal right Texas grants to minors aged 12 and up under Texas Estates Code § 1104.054.

In our final segment, we contrast the uncertainty of the court’s default hierarchy (Texas Estates Code § 1104.052) with the power parents have when they plan ahead. We discuss how naming a guardian in a will or with a guardian declaration can steer the decision toward your trusted choice, rather than leaving it to statutory rules. And we close with a call to action: don’t wait—you can help protect your child’s future today by putting your plan in writing.

The Law Office of Whitney L. Thompson, PLLC

4201 Farm to Market 1960 Rd W Suite 360, Box #116B, Houston, TX 77068, United States

(281) 214-0173

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