Guardian Selection is so Important in a Willn
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by: ryshep13@gmail.com
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It is always a tragedy when young parents die and it is especially sad, when they have failed to write a will and name guardians. This is one of the saddest areas of Estate Planning law that I deal with. When the judge gives his final determination for guardian, he does the best he can, but without a will naming guardians, he can't know what the parents really want. I have seen families torn apart when the judge makes his final determination. The kids are often taken away and their family seldom, if ever, sees them again.nnAs an estate planning attorney I have had couples come in to do their estate planning and they can't agree on guardians for their kids, so they don't do their estate planning. 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? n nYour choice of guardians for your children is important when you do your estate planning. It is easier for you, than it is for the judge. You need to act now to make sure your children are protected by naming guardians for them in your will. 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. nMake sure your kids do their estate planning or at least have wills that name guardians for your grandchildren. I handled one estate planning case where the grandparents wanted to raise their grandchildren after the parents were killed in an auto accident. There was no will. The judge appointed a shoestring relative as guardian. n The guardian the judge appointed was a shoestring relative. Shortly after the accident, the grandparents had me make out their own living trust. Their estate plan provided that a substantial amount of their assets be left to the orphaned grandchildren. I just helped the grandparents update their trusts and wills, after twenty years, and the grandchildren were removed from the list of beneficiaries. The grandchildren haven't seen the grandparents for twenty years.nnAfter considering who you name in your will, the probate court will decide who to give legal custody and legal authority to raise your children. That person will be the guardian.n 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. The guardian list in your will should contain two or three different selections. If the first selection doesn't work for some reason, the second selection will be next in line and so on. Every selection the court considers should have restrictions or things for the court to look at. Consider that there may be quite a time lag before the guardians could start to serve and anticipate the changes.nnThe grandparents' service to take care of the grandchildren could be restricted on the condition that they have the health to do it. The condition, that the aunt or uncle is still happily married to their same spouse, protects the children. If it is important to you that your children be raised in your family home, or in a specific religion, add that restriction. Of course the court appreciates any help you give. Restrictions like these are seldom included in a will; lawyers won't take the time. To include these restrictions in your will, just ask your attorney.nnMy new book, Guaranteed Millionaire, gives you a lot of detail on naming guardians in your will. Some things are worth more than money. Naming guardians won't give you a million dollars, but it will be well worth it to you. nnWhen you order my FREE DVD you will receive much more information about protecting your assets.
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For more information on naming a guardian please visit our website above and get a free 90 minute informational DVD.n
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