Estate Planning for Parents: One Death, One Courtroom, One Child, and a Lesson Every Family Needs to Hear

You probably assume that if something happened to you, the other parent would step in and everything would work itself out. 

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. This case reveals a gap in estate planning for parents that most families never see coming and illustrates why sometimes a simple Will isn’t enough. 

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 typically 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. 

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 period of incapacity, 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 person in your life 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. 

Traditional estate planning doesn’t address this gap. Naming a legal guardian for your child 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. 

For many families, this is where estate planning for parents often falls short, because it focuses on long-term decisions but overlooks immediate needs. 

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. 

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 

For families thinking about estate planning for parents, this level of planning ensures protection not just in the future, but in the moments that matter most. 

The bottom line: A Will names a guardian for the future, but a Kids Protection Plan ensures your child is cared for immediately, by the people you trust, without waiting on a court. 

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 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. 

Without something like this, your perspective simply isn’t part of the record. This is another reason why estate planning for parents should include more than just basic documents. 

The bottom line: If you have concerns about who might step in to care for your child, documenting those concerns now can make all the difference in protecting them later. 

This 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. 

Without planning, families can face: 

• Legal battles among relatives 

• Delays in getting medical care or handling basic needs 

• Confusion about who has the authority to act 

• A child navigating loss while adults sort out logistics 

With the right plan in place, those risks shrink dramatically. This is why estate planning for parents is about more than documents, it’s about creating clarity and stability for your child. 

The bottom line: With the right plan in place, you reduce uncertainty, avoid unnecessary conflict, and ensure your child’s care follows your wishes from the very beginning. 

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 Life & Legacy 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. 

Contact us today.This article is a service of Debbie Babb Law. We don’t just draft documents. We ensure you make informed and empowered decisions about life and death, for yourself and the people you love.