In many families, that’s true. But not always.

Real life is messy. Parents separate. Relationships become contentious. Custody disputes drag on for years. And when a tragedy occurs in the middle of all of that, children can end up in legal limbo while adults and courts scramble to figure out what happens next. A recent Michigan case shows exactly how complicated things can get. It also reveals a gap in estate planning that most parents never see coming and that a basic will simply cannot fill.

When a Parent Passes Away, the Answer Isn’t Always Obvious

The Michigan case titled Sartor v. Johnson involved a child whose parents, Dwight and Renee, had been locked in years of contentious custody litigation. Over time, the court repeatedly restricted Renee’s parenting time due to concerns about alcohol use, anger issues, and mental health struggles. Eventually, Dwight was awarded sole legal and physical custody, and Renee was limited to supervised visits.

In 2023, relatives temporarily obtained guardianship of the child after Dwight left town, and concerns arose about the child’s medical care. Shortly afterward, that guardianship ended, and the child returned to Dwight’s care. Then Dwight died.

At that point, Renee, who had not seen the child in more than two years, sought full legal and physical custody.

Under Michigan law, as in most states, custody goes to the surviving parent when one parent dies. But if being with that parent would not serve the child’s best interests, then someone else can gain custody. After hearing testimony from relatives and reviewing the circumstances, the court determined that placing the child with the mother was not in the child’s best interests. Instead, custody was awarded to the child’s paternal aunt and uncle, a decision that was upheld on appeal.

The bottom line: Even when the law creates a presumption in favor of the surviving parent, courts still weigh the evidence and decide what actually serves the child. A good outcome is not guaranteed without documentation to support it.

That legal battle, though, was only part of the problem. There was also a more immediate issue that could affect any parent in any family situation.

The First 24 Hours: Who Has the Legal Authority to Help Your Child?

In the Michigan case, the child had a chronic medical condition that required regular medication and IV infusions every four to six weeks. When Dwight left town, and relatives stepped in, they had to go through the court to obtain guardianship just to have the legal authority to make medical decisions.

Think about what that means in practice.

If something happened to you today, a car accident, a sudden medical event, even a short stretch of incapacitation, who has the legal authority to take care of your child right now? Not in a week, after court filings are processed. Right now.

Without planning, the answer may be no one. Even the most trusted relative may not be able to:

• Consent to medical treatment
• Access your child’s medical records
• Enroll your child in school
• Make routine but necessary day-to-day decisions

In some cases, children have been placed temporarily with strangers through child protective services while courts sorted out who had legal authority to act. Emergency guardianship proceedings, even when things move quickly, can take anywhere from several days to several weeks. During that time, your child’s medical care, schooling, and daily needs are in limbo.

Traditional estate plans don’t address this gap. Naming a guardian in a will only takes effect after a probate court process that can take weeks or months. It does nothing to help in the hours and days immediately after an emergency.

The bottom line: The gap between “something just happened” and “the court has authorized someone to help” can stretch for weeks. Your child shouldn’t have to wait in uncertainty during that time.

This is exactly the problem a Kids Protection Plan® is designed to solve. Let’s look at what that means.

The Plan Most Parents Don’t Know They Need

A Kids Protection Plan is a comprehensive plan specifically designed to address the immediate, real-world situations that arise when a parent becomes unavailable. It goes well beyond naming a guardian in a will.

With a Kids Protection Plan, you can:

• Name both short-term and long-term guardians for your children
• Give trusted caregivers immediate legal authority to act, without waiting for a court
• Prevent your child from being placed with strangers or anyone you wouldn’t choose
• Ensure medical care and daily needs can be handled without delay

The bottom line: A will names a guardian for the future. A Kids Protection Plan protects your child right now, in the first hours of an emergency, before any court gets involved. This ensures as much stability for your child as possible, preventing them from being taken into the care of strangers.

But the Michigan case also highlights one more element of this plan that is equally important.

What if the Other Parent is the Person You’re Worried About?

The deceased father in this case had spent years documenting concerns about the mother through court proceedings. That evidence ultimately helped persuade the court that placing the child with relatives was in the child’s best interests.

Most parents aren’t that fortunate. Most parents haven’t spent years in litigation creating a documented record. And without that record, a court may have very little to work with when deciding who should raise your child.

A confidential guardian exclusion affidavit, included as part of a Kids Protection Plan, allows you to put your concerns in writing now, while you are here to explain them. This document is not public. It stays private with your planning documents and only becomes relevant if a court must determine who should care for your child.

In it, you can explain:

• Why certain individuals should not serve as guardians
• The history and context that a judge would need to understand
• Any specific concerns or evidence that supports your position

Without something like this, your perspective simply isn’t part of the record.

The bottom line: If you have concerns about who might seek custody of your child, the time to document them is now, not after a crisis makes it too late.

Why the Right Plan Protects More Than You Think

The Michigan case is a powerful reminder that legal assumptions don’t always match real life. Even when the law leans a certain direction, courts still have to evaluate what actually serves a child’s best interests, and that process can take time, involve competing voices, and produce real uncertainty.

Without planning, families face:

• Legal battles among relatives who all care but disagree
• Delays of days or weeks in getting medical care or handling basic needs
• Confusion about who has the authority to act
• A child navigating an already-difficult loss while adults sort out the logistics

With the right plan in place, those risks shrink dramatically. Your child’s care follows your wishes. Trusted caregivers can act immediately. And the people you would not choose are clearly excluded.

The bottom line: The right planning doesn’t just protect your child long-term. It eliminates the chaos, delay, and uncertainty that can harm a child in the days immediately after a crisis.

What You Can Do Right Now

Your child deserves protection that works from the very first moment of an emergency, not just eventually, after a court has had time to catch up. As a Personal Family Lawyer® firm, we help you create a Legacy Vision Plan that includes a Kids Protection Plan designed to protect your child right now and ensure your wishes guide what happens if you are ever not there. We don’t create one-size-fits-all documents. We take the time to understand your family’s specific situation and design a plan that actually works when your loved ones need it to.

Schedule a complimentary 15-minute discovery call, and let’s find out where you stand:

The post One Death, One Courtroom, One Child – a Lesson Every Parent Needs to Hear appeared first on Law Office of Ruby Steinbrecher.

It’s a sobering thought, but one that deserves your attention. You may assume that in the event of your untimely passing, your children will automatically be cared for and inherit your assets. However, the reality is far more complex and potentially unsettling.

Let’s unpack why relying on these assumptions could leave your children’s future in uncertain hands.

The Myth of Automatic Care

Yes, it’s true that your children will inherit your assets upon your passing. However, without advance planning, the management of those assets will fall into the hands of a court-appointed trustee. This is an expensive proposition for the people you love most, and worse, the trustee may not necessarily align with your values or financial philosophy, leaving your hard-earned assets vulnerable to mismanagement.

On top of that, and maybe worst of all, under current laws, once your child reaches the age of 18, they gain unfettered access to their inheritance. While you may have envisioned these assets providing a foundation for their future endeavors, the reality is that many 18-year-olds lack the financial maturity to handle such responsibility. From impulsive spending to falling prey to financial scams, the risks are significant.

The Importance of a Kids Protection Plan®

So, what’s the solution? Enter the Kids Protection Plan—a comprehensive legal planning system designed to safeguard your children’s well-being and financial future in the event of your incapacity or passing.

A Kids Protection Plan empowers you to designate a trusted guardian who will step in to care for your children if you’re unable to do so. This ensures your children will be in the loving care of someone you know and trust, rather than leaving their fate to the discretion of a judge who may lack intimate knowledge of your family dynamics.

Moreover, a complete Kids Protection Plan goes beyond long-term guardianship appointments. It includes a detailed roadmap for the management of your assets on behalf of your children, specifying how funds should be allocated for their upbringing, education, and other needs. By setting clear guidelines, you mitigate the risk of financial mismanagement and ensure that your children’s inheritance serves its intended purpose: supporting their growth and development.

Leave Behind Detailed Instructions

Naming legal guardians is just the first step. Your Kids Protection Plan won’t do much good if the people named in it aren’t aware of your plan or your wishes. You want to make sure your children’s guardians know your desires for their upbringing. Some things to include might be:

• Faith and religious practices
• Philosophy on education and where you’d want them to go to school
• Activities you’d want your children involved in
• Nutrition, medical care, or any other health considerations

One of the benefits of working with a Personal Family Lawyer is that I make sure that everyone named in your plan is informed of what to do if the unthinkable happens to you. And, if you are working with me, I’ll be there to guide them each step of the way. 

Planning for the Future

At the Law Office of Ruby Steinbrecher, we understand the gravity of planning for your children’s future. That’s why we offer personalized Legacy Vision Planning®  Sessions designed to consider your family dynamics, and your assets, and then help you choose the right planning package and fees to safeguard and protect what matters to you most.

Whether you’re a new parent or revisiting your estate plan, our team is here to provide the guidance and expertise you need to secure your family’s future for generations to come. Schedule a complimentary 15-minute call to learn more about our unique Legacy Vision Planning process. During your complimentary 15-minute call, we’ll explore your current arrangements and identify any gaps that may leave your children vulnerable.

Don’t leave your children’s future to chance. Take the first step toward peace of mind and lasting security. After all, your children deserve nothing less than the assurance that they’ll be cared for and cherished, no matter what the future holds.

Schedule a complimentary 15-minute call below to get started.

The post Think Your Kids Will Automatically Be Cared For In the Way You Want? They Might Not Be Unless You Do This appeared first on Law Office of Ruby Steinbrecher.

In the hustle of back-to-school shopping and end-of-season summer fun, it might seem like naming legal guardians for your kids is a low priority, but nothing could be farther from the truth. 

As kids return to school, they’ll spend most of their day in the care of other people – their teachers, coaches, and babysitters. That means that your children will spend most of their time with people who do not have any legal authority to take care of them for more than a brief time in the event you are in an accident or can’t be reached for any reason. 

And, if your kids are going off to college, you’ll no longer be able to make decisions for them or have access to their medical records in an emergency unless your adult kids create Powers of Attorney and Health Care Directives.

Don’t Rely on Informal Agreements

They say it takes a village to raise a child, and as parents, you usually have a network of friends or family you feel you can rely on to step in and care for your child if needed. But it’s essential not to rely solely on informal arrangements with relatives or friends to care for your kids if you can’t. 

Whether you are unconscious in the hospital or have passed away, there’s a chance your child could be taken into protective custody by social services until you recover or until a permanent arrangement can be made. 

But here’s the thing, the person who ends up taking your child may not be someone your child knows or loves, but a complete stranger in the foster care system. Or, maybe even worse, that person could be someone you never want to raise your kids but who is appointed anyway by a well-meaning court system that doesn’t know what you would want or how you would want your children to be raised.

In addition, if you don’t name legal guardians for your kids you risk creating conflict among family members who want to care for your children and may subject your loved ones to a lengthy and costly court process—an unnecessary burden that can easily be avoided. In fact, not naming more than one guardian is one of the 6 Common Mistakes [link to lead magnet] people make when choosing a guardian for their kids.

You know your child and your family better than anyone else, and you know who would be the best fit for raising your child if something happened to you. But unfortunately, unless you document your choice of guardian in advance, the decision of who would raise your child if you can’t is ultimately left to a judge who doesn’t know you or your family dynamics.

Instead, naming short-term and long-term guardians for your kids ensures they are always cared for by people you know and trust. 

And, if your kids are off at college, you cannot rely on the fact that you know they’d want you to have access to their medical records and financial accounts if something happened to them. The hospital or banks need official legal documents for you to get access if needed. That’s why we provide all of our client families with young adult planning documents for kids away at college.

Comprehensive Protection for Your Child

To make sure your kids are always protected and cared for by people you trust, it’s essential to create a comprehensive Kids Protection Plan®. Every Kids Protection Plan® enables you to name short-term temporary guardians who have immediate authority to care for your children in an emergency and long-term permanent guardians who can raise your children if you are no longer able.  

My Kids Protection Plan® also equips you with emergency ID cards that contain instructions for first responders to contact your child’s guardian if you’re in an accident so they can travel to be with your child right away. Plus, all caregivers, like babysitters and nannies, are provided with precise instructions on how to reach your short and long-term guardians, and that everyone involved in your plan has the necessary legal documents on hand to ensure a smooth process if the need for a guardian arises. 

In this way, not only have you legally named guardians for your kids, but you’ve created an entire safety plan to ensure they are always cared for in the way you’d want in any situation.

And for your college-bound kids, it means having young adult planning documents in place like Powers of Attorney and Health Care Directives that allow you to access your kids’ accounts or make medical decisions for them if they become incapacitated by an illness or injury. 

A Thoughtful Approach for Your Peace of Mind

As your Personal Family Lawyer® firm, we are dedicated to securing the well-being of your children under all circumstances. As the back-to-school season approaches, don’t overlook this essential homework for parents – naming legal guardians and creating your own Kids Protection Plan®.  

The first step is to go through our unique planning process to choose the right plan for you, your kids and everyone you love. We begin with a Legacy Vision Planning Session. During the Session, I get to know your family on a personal level to understand your family dynamics and your assets.  I’ll share the law with you, and together we’ll look at exactly what would happen to your assets and your loved ones if something happened to you right now.

From there, we choose the right plan for you – at the right budget and that achieves your personal objectives – based on the specifics of your family situation. This ensures your kids and family are cared for and protected no matter what happens, so you can embrace the excitement of this new academic year with peace of mind.

To learn more and get started with your own Legacy Vision Planning Session, click the button below to schedule a complimentary discovery call. I can’t wait to serve you.

The post Don’t Send Your Kids Back to School Without These Documents appeared first on Law Office of Ruby Steinbrecher.

Why Naming Legal Guardians May Not Be Enough to Protect Your Kids

As a parent, you’ve probably thought about who would care for your children if something happened to you. Maybe you’ve even named permanent legal guardians. If not, take this as your sign—now is the time. You can name legal guardians for free right now at Kids Protection Plan®.

But here’s the truth: naming guardians alone might not be enough to ensure your kids are always cared for by the people you trust. In some cases, children can still end up in the care of strangers—or worse, someone you would never choose.

Let’s look at a few common situations where a Kids Protection Plan® can make all the difference.

If You Leave Your Kids with Non-Family Caregivers

Do you ever leave your children with a babysitter or a friend who isn’t a relative? Imagine this: you don’t make it home one night. The police are called. What happens next?

Would the authorities let your kids stay with the babysitter? Would they know where your legal documents are? Would your named guardians be immediately available, and would law enforcement allow your kids to stay with them without a court order?

In most cases, the answer is no. That’s where a Kids Protection Plan® steps in.

Why Permanent Guardianship Isn’t Enough

Permanent guardian nominations only take effect after your death and require court approval. They don’t give your chosen guardians the legal power to act in an emergency.

Without temporary, legally authorized guardians named, your children could be taken into protective custody—even if you’ve named permanent ones. That’s why we help parents legally authorize short-term guardians, provide them with clear instructions, and give caregivers guidance on what to do in the event of an emergency.

If There’s Someone You Would Never Want Raising Your Kids

If there’s anyone in your life you would absolutely not want raising your children, we need to talk. A Kids Protection Plan® allows you to confidentially exclude that person from ever being considered. This protection only comes into play if necessary—but when it does, it can make all the difference.

If You Have Strong Beliefs About How Your Kids Are Raised

Have you thought about your child’s education, healthcare, or how you want them to experience money? Your unique parenting values matter. If you can’t be there, would others know what you would have wanted?

Writing down your values and wishes gives your future guardians the guidance they’ll need. Even more, this process brings clarity to your parenting today. Parents who go through this with us often say they feel more confident, focused, and at peace—simply by putting their hopes and priorities in writing.

The Bottom Line: Protect What Matters Most

Naming permanent legal guardians is important—but it’s only one piece of a much bigger puzzle. If your child might be left with a non-relative, if someone in your life shouldn’t be their caregiver, or if you have meaningful wishes for how they’re raised, you need a Kids Protection Plan®.

👉 Ready to name guardians now? Visit Kids Protection Plan.
👉 Want full protection for your family? Schedule your Legacy Vision Planning™ Session to get started.

The post 3 Reasons You Need a Kids Protection Plan in Your Estate Plan appeared first on Law Office of Ruby Steinbrecher.

Let’s explore why having a Kids Protection PlanⓇ (“KPP”) in place before traveling is essential and what steps you can take to protect your children. Please note: most lawyers, even at the top estate planning firms, often make at least one of 6 common mistakes that the KPP is designed to address, when naming legal guardians for children in an estate plan.

The Hidden Risks of Traveling Without Protection

When you’re caught up in vacation planning excitement, it’s easy to focus only on the fun ahead. However, traveling presents unique risks and scenarios you need to consider. If you become incapacitated in a car accident or experience any other emergency while away from home, what would happen to your children in those critical first hours or days? Without proper legal documentation, your children could be temporarily taken into the care of strangers or social services until the proper authorities can determine who has the legal authority to care for them.

This becomes even more complicated when traveling internationally. Different countries have varying laws about child custody and care in emergency situations. Without clear legal documentation designating temporary guardians, your children could face significant trauma while authorities work through bureaucratic processes to determine their care. Even domestic travel can present challenges if you’re incapacitated in another state, as local authorities may not immediately recognize out-of-state guardianship arrangements without proper documentation.

Essential Components of Protection While Traveling

A comprehensive KPP, which we create for you as part of the Legacy Vision Planning process,  provides crucial legal documentation and instructions that activate immediately if something happens to you. This includes designation of temporary guardians who can care for your children until your long-term guardians can arrive, as well as detailed information about your children’s medical needs, allergies, medications, and daily routines.

When you work with us to create a KPP, we include several key components that many parents overlook. First, you’ll receive ID cards that list emergency contacts that can care for your children in your absence. Second, we’ll create medical power of attorney forms that allow designated caregivers to authorize treatment for your kids if they need medical care if needed. Third, your KPP will include temporary guardianship documentation so your kids are never taken into the care of strangers, while the authorities locate the long-term guardians for your children. Finally, if there is anyone you would never want raising your children, we document that (confidentially), too. 

Beyond these basics, your KPP also includes detailed information about your children’s daily lives – their favorite foods, bedtime routines, fears or anxieties, and comfort items. This helps caregivers maintain normalcy during a stressful situation. You can also include passwords for electronic devices, social media accounts, and educational platforms your children might need to access.

Take Action Before You Travel

Before heading off on your adventure, schedule time with me and we will help you think through all the potential issues that could arise so that you can make the best decisions for you and your kids. We’ll start by carefully selecting both local and long-distance temporary guardians who can respond quickly in an emergency, considering factors like their proximity to your vacation destination, their ability to travel on short notice, and their familiarity with your children’s needs.

Then, we’ll support you in creating an emergency response plan that outlines exactly what should happen in various scenarios. This includes who should be contacted first, in what order, and what immediate actions they should take. 

Importantly, your plan should be easily accessible to designated guardians and include clear instructions for first responders or authorities who might need to reference it in an emergency. We will help you with this, by making sure you have access to the documents you need, and ensuring your chosen guardians know exactly how to access the information and documents they need. We will also be here to support them in case of an emergency so they know exactly what to do. 

Making these arrangements isn’t about dwelling on worst-case scenarios – it’s about creating peace of mind so you can fully enjoy your vacation. With proper protection in place, you can focus on creating wonderful memories with your children instead of worrying about “what-if” scenarios. Think of it as travel insurance for your children’s wellbeing – something you hope you’ll never need but will be incredibly grateful to have if an emergency arises.

Your Next Steps for Peace of Mind

As your Personal Family LawyerⓇ Firm, we support you to create a comprehensive Legacy Vision Plan that includes a Kids Protection Plan so your children are always protected, no matter where your travels take you. Take the first step today by booking a Legacy Vision Planning Session, where you’ll get educated on what will happen if you become incapacitated and when you die so you can make the very best decisions for your loved ones. From that place of empowerment, we’ll then work together to create your comprehensive Legacy Vision Plan that gives you peace of mind, knowing you’ve done all you can for the people you love most.

Book a call today to get started!

The post Planning a Trip? Protect Your Children with a Kids Protection PlanⓇ appeared first on Law Office of Ruby Steinbrecher.

Many parents mistakenly believe that simply naming guardians in their will is enough to protect their children. Unfortunately, this isn’t always the case.  There are common mistakes that can lead to legal battles, family conflicts, and even put your kids’ well-being at risk.  What if something happened to you tomorrow? Would your children end up in the care of strangers, even temporarily, because you didn’t have a plan in place for their immediate care?

Don’t let that happen. By working with a Personal Family Lawyer® firm, you can avoid these pitfalls and create a rock-solid guardianship plan that provides true peace of mind – knowing that, no matter what, your children will always be raised by the people you love most.

The 10 Common Mistakes Parents Make When Choosing Guardians

1) Thinking a Will is Enough 

A will is essential, but it only kicks in *after* you’re gone. It doesn’t cover situations like sudden illness or incapacity. You need separate guardianship documents specifically designed to address these “what if” scenarios *while you’re still living*.

2) Planning Only for the Long-Term

If something were to happen to you today, who would take care of your kids *right now*?  Don’t just plan for the long haul – you also need to designate short-term guardians to prevent your children from being placed with strangers, even temporarily, while the authorities sort things out.

3) Not Naming a Guardian at All  

This might seem unthinkable, but it happens. If you don’t formally name a guardian, you’re leaving one of the most important decisions of your life up to the courts. This could mean your children end up with someone you wouldn’t have chosen.

4) Overlooking Backup Guardians

Life is unpredictable. Your first-choice guardians may not always be available or able to step in. Always name multiple backup guardians to ensure there’s a safety net if your primary choice is unable to serve.

5) Choosing Guardians Based on Financial Ability Alone

Money matters, but it shouldn’t be the *only* factor when choosing who will raise your children. Your children’s well-being depends on being raised in a loving, supportive environment aligned with your values. Consider factors like location, lifestyle, parenting philosophies, and the overall compatibility of your chosen guardians with your family. 

And remember, you can always choose a separate financial guardian, or appoint a Trustee of a Trust, to specifically manage any money you leave behind for your children – this can be a separate role from their daily care.

6) Assuming Godparents are Legal Guardians  

Many people use the terms “godparent” and “legal guardian” interchangeably, but they aren’t the same.  Verbal agreements or informal designations hold no legal weight. To make your wishes legally binding, you need formal guardianship documents prepared by an experienced professional.

7) Not Thinking Beyond Guardianship 

Guardianship isn’t just about who will raise your kids – it’s also about who will make important financial and healthcare decisions on their behalf. You’ll need powers of attorney and other legal tools to ensure these matters are handled according to your wishes.

8) Failing to Communicate Your Wishes

Don’t leave anything to chance. Clearly document your values, your parenting preferences, and any specific instructions you want your guardians to follow. This guidance will provide invaluable support as they navigate the challenges of raising your children.

9) Not Reviewing and Updating Your Plan

Life is constantly evolving. Your family dynamics change, your children grow, and laws are updated. It’s vital to review and update your guardianship plan regularly to ensure it still reflects your current circumstances and wishes.

10) Naming a Couple Without a Contingency Plan 

Relationships evolve. Sadly, even the most solid couples can face unexpected challenges like divorce or separation.  It’s vital to think about what would happen to your children if your chosen guardians were to split up.  Would one person become the sole guardian? Would they share custody? Outlining these details now can prevent future conflict and heartache.

There’s a Better Way: Create a Kids Protection Plan

A Kids Protection Plan provides comprehensive protection for your children, so you never make one of the ten mistakes and put your children at risk of being raised by someone you’d never want to raise them (or worse, ending up in the foster care system). Unlike a traditional estate plan that simply names guardians, a Kids Protection Plan creates a complete safety net that addresses both immediate and long-term care needs.

Every Kids Protection Plan I create with clients includes legal documents that ensure your children won’t be placed in the care of strangers or the foster care system, even temporarily. It provides detailed instructions for emergency responders and caregivers, identifies temporary guardians who can step in immediately, and includes medical powers of attorney so your children receive proper healthcare in your absence. Perhaps most importantly, it creates a roadmap of your values, hopes, and dreams for your children’s upbringing. With a Kids Protection Plan, you’re not just naming someone to take your place – you’re providing them with the guidance and legal authority they need to raise your children exactly as you would want.

Ready to Protect Your Kids?

Your children are your most precious asset. Don’t leave their future to chance or riddled with loopholes. With a Kids Protection Plan created by my Personal Family Lawyer® firm, you can rest assured knowing that your children will always be in the most capable and loving hands, no matter what life throws your way.

Ready to take control and build that plan? Schedule a free 15-minute call with me today.  I’ll answer your questions, address your concerns, and help you take the first step toward securing your children’s future.

Click here to download our free Kids Protection Guide. Still have questions? Click the button below to book a free 15 min consultation.

The post 10 Guardian Mistakes That Could Put Your Kids at Risk (And How to Do It Right) appeared first on Law Office of Ruby Steinbrecher.