If something happens to both parents of minor children in Tennessee and they have no will, who will get custody of those children? Will they be placed in foster care. They have maternal and paternal grandparents and this is not likely to happen but what if it does? Should we advise these parents to make a will? These children are age 2 1/2 years and one is 6 months.

Thanks...

The state decides, if a family member makes a request for them and there is no objection, normally they will go with a family member.

But that is why of course a will is very important

Hello sfritts:

Everybody should have a will.

excon

Most everyone needs a will but not everyone. Even if parents with no assets to leave were to pass, I would think they would want to know for sure who will be the guardian of their children and that's why most (but not all) really need a will - My mother is 87, has no will, has no minor children, has no real assets and what she does have it jointly owned, car, bank savings acct, bank checking acct, and only things like dishes, clothes, TV, nothing of real value. All 5 of us kids get along, no conflicts, and she's said for us to take what we want or need. But your friends who are parents of minor children might want a will just to designate who will care for their children rather than the State of TN having the ultimate final say.

The parents should definitely make a will. Otherwise the state will take over their estate and it would become very messy to say the least.

The parnets should make a will but children are not normally "transfered" by this instrument. While discussing their will with an attorney they can ask the attorney to explain their options in their home state.