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How to Name a Guardian in a Will

By: Berber

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As an Estate Planning lawyer, one of the saddest situations that I deal with is where the courts are appointing guardians for children whose parents have died without writing a will and naming guardians. 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.

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 the kids? Who can best look after them? Where will your kids be brought up? 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. Make sure to protect your children now, 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.

Grandparents need to make sure their kids do their estate planning and name guardians for the grandchildren in a will. I handled one estate planning case where the grandparents wanted to raise their grandchildren after the parents were killed in an auto accident. The parents had neglected to do their estate planning.The judge appointed a shoestring relative as guardian.

The guardian the judge appointed was a shoestring relative. The grandparents had me do their estate planning and make out their own living trust, right after the accident. They left a substantial amount of their estate 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.

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. Ask yourself, "Who and what do I really want for my children's guardian?" This is an important exercise before you start your estate planning or make your will. As you write your will you can "educate" the probate court because you understand what it is you want. 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. You don't know how many years from now the guardians will start to serve, 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. 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. If you give the court guidance, the judge would appreciate it. 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.

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.

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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