What happens to my kids if both parents die without naming a guardian?

If both parents die without naming a guardian in a will, a court decides who raises your minor children. A judge, guided by the 'best interests of the child' standard, will appoint someone, often a relative, but the court doesn't know your family and may choose someone you'd never have picked. Relatives can also fight over custody, dragging your children through a painful, public legal battle at the worst possible time. Naming a guardian in your will lets you make this choice yourself, and while a court still formally confirms it, judges give strong weight to a parent's stated preference. This is the single most important reason for parents of young children to have a will, even if they own little else.