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Guardian Selection is so Important in a Will
It is difficult for the court to appoint guardians for children whose parents have died without writing a will and naming the guardians. It is really one of the saddest areas of Estate Planning law that I deal with. Without a will, the courts do their best, but I have seen families torn apart when the judge makes his final guardian determination. The kids often end up never seeing most of their family again.
Many times couples are unable to agree on guardians for their kids when they come in to do their estate planning. As a result they don’t ever complete the task. It is hard to pick guardians. Who wants the kids? Who has the ability to best watch over your kids? Where will your kids be brought up? Will your children be loved?
Who do you pick as guardians for the children when you do your estate planning? It is easier for you, than it is for the judge. Protect your children by naming guardians for them in your will. Do it now! If you are a grandparent, you need to make sure your kids do their estate planning or at least have wills that name guardians for the grandchildren.
Make sure your kids do their estate planning or at least have wills that name guardians for your grandchildren. There was one estate planning case where the grandparents hoped to raise their grandchildren when their parents were in an auto accident and died. There was no will. The judge appointed a shoestring relative as guardian.
A shoestring relative was appointed by the Court as guardian. Right after the accident, I got a call from the grandparents to make out a trust and set up their estate plan. They left a substantial amount of their estate to the orphaned grandchildren. It has been twenty years, and the grandparents just requested I take the grandchildren off the list of beneficiaries in their trust and will. It has been twenty years and the grandchildren haven’t seen and don’t even know their grandparents.
The probate court makes the final determination and gives the guardian legal custody and authority to raise your children, after considering who you name in your will.
The selection that you make in your will is almost always honored by the court. It is important before you do your estate planning or make a will to take a moment to think about who and what you really want for your children’s guardian. Once you understand what you want, when you write your will, you can "educate" the probate court. Your will should list two or three selections for guardian. Suppose the first in line doesn’t work for some reason, the next in line will fill the place until one can serve. You should add restrictions or things for the court to consider, with each selection. The guardians could start to serve many years from now so you have to take that time lag into consideration.
For example, you could restrict the grandparents’ service on the condition that they have the health to take care of the grandchildren. If you name an uncle or aunt, restrict their service to the condition that they are still married to their same spouse and are happily married. You could ask the judge to have the guardians raise the children in your family home, or have them raised in a specific religion. If you give the court guidance, the judge would appreciate it. Restrictions like these are seldom included in a will; lawyers won’t take the time. Ask your attorney to include these restrictions in your will.
Get in depth information on estate planning including information on naming guardians in Guaranteed Millionaire, my new book. Naming guardians won’t give you a million dollars, but sometimes things are worth more than money.
Make sure you get more information about protecting your assets by ordering my FREE DVD.