Actress Anne Heche Died Without A Will or Guardian For Her Minor Child: Are You Prepared?

Anne Heche, known for her roles in TV and movies including Donnie Brasco; Six Days, Seven Nights; Wild Side; and many others, died in a tragic car accident in August. What makes this story even more tragic is that she was perfectly healthy before her accident and died without a will in place, and did not name a guardian for her 13-year-old son, Atlas. We can all learn from these horrible circumstances by preparing for the inevitable before it is too late by naming a legal guardian for your child now.

The Aftermath of Heche’s Death

The aftermath of Heche’s death has left a lot of questions to be answered by the courts. Anne’s oldest son, Homer Laffoon, filed a request with the Los Angeles Superior Court to be named the administrator of Heche’s estate. He also requested that a third party be named the guardian ad litem of his brother Atlas, requesting that the court waive the required bond because Atlas is only 13. Homer noted that the value of Heche’s estate is unknown, admitting that there will need to be forensic accounting in order to determine the value.

What Happens If You Die Without Naming a Guardian for A Child in Georgia?

Should you die without first naming a guardian for your minor child in a will, and you are unmarried or your spouse is also deceased or unable to care for the child, the probate court will be forced to appoint a guardian for your minor child. The probate court will make the appointment in the ‘best interest of the child.’ In order to find a guardian, some of the considerations the court considers are: 

• Who is requesting appointment and their relationship to the child;

• If the child is 14 or older, the court will consider the child’s choice for guardian;

• The proximity of the requesting party to the child;

• The ability of the requesting party to care for the child;

• The relationship of the requesting party to the child;

• The criminal background of the requesting party.

Anyone Can File a Petition to Become Guardian

It is important to note that anyone is permitted to file a petition with the probate court in Georgia to become a legal guardian so long as they meet the following criteria:

• The applicant is an adult

• The applicant is not incapacitated

• The applicant does not have a conflict of interest with the child

It is the job of the court to determine if the person who filed the petition will make a good candidate for guardianship and meets the above criteria.

Appointing a Legal Guardian For Your Child in Georgia

As you prepare to meet with an estate planning attorney in Georgia, you should have a list of the top three choices for guardians of your children. If possible, have the list narrowed down to your top choice so the meeting can be completed smoothly.

You can choose anyone who is an adult, is not incapacitated, and does not present a conflict of interest should they be named guardian. The most common choices for guardian include the following:

• Adult sibling

• The child’s grandparents

• Your siblings (child’s aunt/uncle)

• A close family friend

Anyone you trust to raise your children with the same values as you and the other parent

Protect your minor children by officially naming a guardian for them in a will by meeting with an experienced Georgia estate planning attorney today.

What to Bring When Meeting With an Estate Planning Attorney

Meeting with your estate planning attorney makes outlining the entire appointment process easy. Make sure you provide the attorney with the legal name of the person or persons you wish to appoint as the guardian of your children, and their contact information. Their names will need to be added to the portion of the will that outlines how guardianship will be handled should you die before your children reach adulthood. It is strongly encouraged that you discuss it with the people you want to name as your child’s guardian before you name them as potential guardians in your will, so that they have the opportunity to agree to the designation.

Protect Your Child’s Future: Contact a Georgia Estate Planning Attorney Today

Have you created a legal document that names who want you want to care for your child if you should die while the child is still a minor? If you are walking through life without a will, or one that is not current, you need to speak with a Georgia estate planning attorney as soon as possible. Call the office of Georgia estate planning attorney Jammie Taire at SmithTaire Legal at 678-253-8133, or submit our contact form to schedule an initial consultation.

You can have peace of mind knowing people you trust will become guardians of your minor children should you die before they become adults.