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Guardian Selection is so Important in a Will

By: Berber

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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. The courts do their best, but without a will, I have seen families torn apart when the judge makes his final determination for guardian. The kids are often taken away and their family seldom, if ever, sees them 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. This decision is hard to make. Who wants custody of your children? Who can best look after them? Where will they be cared for? Will the kids be treasured?

Who do you pick as guardians for the children when you do your estate planning? It isn't easier for the judge, than it is for you. 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.

As a grandparent, you need to make sure your kids have wills that name guardians for the grandchildren as part of their estate planning. After the parents were killed in an auto accident, I handled one estate planning case where the grandparents wanted to raise their grandchildren. There was no will. The judge appointed a shoestring relative as guardian.

The guardian the judge appointed was a shoestring relative. Right after the accident, I got a call from the grandparents to make out a trust and set up their estate plan. The estate plan left their orphaned grandchildren a substantial portion of their estate. Twenty years later they had me redo their wills and trusts and take the grandchildren off the list of beneficiaries. It has been twenty years since the grandparents have seen the grandchildren.

The guardian is who the probate court will give legal custody and legal authority to raise your children, after considering who you name in your will. The judge will almost always appoint the selection you have made in your will. Before you do your estate planning or draw up a will, take a moment to think about who and what you really want for your children's guardian. It is an important part of the process. 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. If the first selection doesn't work for some reason, the second selection will be next in line and so on. You should add restrictions or things for the court to consider, with each selection. Consider that there may be quite a time lag before the guardians could start to serve and anticipate the changes.

If the grandparents are named as guardians, you could restrict their service on the condition that they have the health to take care of the grandchildren. When you want to place the children with an aunt or uncle, put the restriction that they are still happily married to their same spouse. The guardians could be restricted by the judge to raise the children in your family home, or have them raised in a specific religion, if you ask for it. Of course the court appreciates any help you give. Lawyers seldom put restrictions like these in a will; it isn't worth their time. These restrictions should be included in your will-just ask for them.

Guaranteed Millionaire, my new book, gives you a lot of information on naming guardians and other estate planning details. 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.

When you order my FREE DVD you will receive much more information about protecting your assets.

Article Source: http://depositarticles.com/

For more information on naming a guardian please visit our website above and get a free 90 minute informational DVD.

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