What Happens to Minor Children of American Expats in Portugal Without an Estate Plan?

For American families living in Portugal, estate planning isn’t just about money. One of the most urgent questions is: what happens to your children if something happens to you?

If both parents pass away or become incapacitated without naming guardians, the situation can quickly become complicated. Portuguese authorities would step in to ensure the children are safe, but without clear instructions from the parents, the process is often slow, uncertain, and stressful. Courts in Portugal will ultimately decide who becomes responsible for the children’s care. If there are no relatives in Portugal, as is common for expat families, this can mean temporary placement while officials sort out long-term arrangements.

On the U.S. side, family members back home may want to step in, but without the right documentation in place, it can be difficult to navigate international legal systems. Questions of travel, custody, and decision-making can all become tangled at the very moment children need stability most.

This is why naming local guardians and coordinating between U.S. and Portuguese law is so important for American expat parents. A well-designed plan ensures that children are cared for immediately, by the people you trust, without unnecessary court intervention or delays.

Cross-border estate planning isn’t just about protecting assets; it’s about protecting your family. Taking time now to put guardianship instructions in place provides peace of mind, knowing your children will be safe no matter what.