Lawyers and paralegals only please?

Question

Ok here is the sitution. We are in the process of creating our will. We have no money and no assets of any value other then sentamental. Our only reason for needing this is our two daughters. We have chosen my SIL and her husband as Gardians but have a concern. Our concern is that even though my SIL is stable now she has has issues in the past with drugs and alcohol so we thought about appointing co-gardians who if in agrement felt my children were not being cared for had the legal right to remove them. But my concern is that are we asking for more problems with co-gardians or is this a safe solution to guaranting our children are being given the best possible life should we die.

Sorry about the spelling, I can't seem to spell anything right tonight.

So even if I appoint a gardian, it does not really even matter? They can do what ever they want with my kids. Is there nothing I can do now to guarantee that my children will not be seperated or go to someone who I don't want raising them?

Answer 1

The other answer is technically correct, and it is true the Court could do whatever it wished, but, in reality, the Court will place your children with the guardian you choose, unless there is reason not to.

In your situation, I would suggest you name an alternate guardian. If your SIL is disqualified, your alternate is likely to be accepted by the Court.

In addition, I would suggest designating a different person to handle your children's money. That way, you ensure that there is someone else involved in their lives, and interacting with your SIL, who could intervene if they see an issue. Some attorneys encourage this for another reason...at a certain age, children tend to suspect that a guardian spent all their inheritance. If the guardian has to get approval to spend the child(ren)'s inheritance, these hard feelings are less likely.

Talk with others who are likely to remain in your kids' lives and let them know your concerns. Those people will also know to keep tabs on them and your SIL.

Essentially, it seems you need to ensure that there are others around to make sure SIL doesn't backslide.

Finally, if your children are old enough, you may wish to talk with them (generally) about the issue. Let them know that you have made plans just in case, tell them who will take care of them, and that other relatives/friends (listing those you trust) have also said they would help them in any way they need.

Answer 2

A will is only really used for distribution of assets. Whether monetary or sentimental.

In most jurisdictions, a will does not have legally binding effect on who will be the guardian of surviving minor children. That is up to the courts (and existing statutes) to decide.

You may set forth your wishes and preferences, but the court is not required to follow them. The only standard recognized at law (in most jurisdictions) is the best interest of the children.