The owner of the Law Offices of Barbara H. Katsos in New York, NY, Barbara Katsos handles cases involving wills, trusts, estate planning, and real estate. Barbara Katsos’ office also helps clients navigate the intricacies of guardianship for minor children.

1. WHAT HAPPENS TO CHILDREN
WHEN A BIRTH PARENT DIES
WITHOUT A WILL
Barbara Katsos

2. INTRODUCTION
• The owner of the Law Offices of Barbara H. Katsos in New York,
NY, Barbara Katsos handles cases involving wills, trusts, estate
planning, and real estate. Barbara Katsos’ office also helps clients
navigate the intricacies of guardianship for minor children.
When a parent with minor children passes away, the children
often go to a guardian named in the parent’s will. However, when
no will is left, the courts must decide who the best guardian for
the child will be. In most cases, the focus is placed on the second
birth parent, even when the parents are divorced. Unless the
courts deem a birth parent as being unfit to care for a child, they
always have the first right to their children over any third party.
While this is normally not a problem, it can result in children
being separated if they have different biological parents.

3. WILL
• If a child’s second parent has either passed away also
or cannot be found, the court will look at other
guardians. This may include a step-parent, aunt or
uncle, or grandparent. Choosing a third-party guardian
is done based on the child’s best interests. The courts
will attempt to place the child with a guardian that
they are familiar and comfortable with to minimize
disruption in their life. Although family members are
often the preferred guardians for children, the courts
may find that another third-party guardian is more
suitable for providing care.