Guardian Selection is so Important in a Will

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. I also have couples come in to do their estate planning and they can't ever complete the task, because they can't select guardians for their kids. Picking guardians is difficult. Who wants custody of your children? Who will take the best care of them? Where will your kids be brought up? Will your children be lovingly cared for? 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. 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. As a grandparent, you need to make sure your kids have wills that name guardians for the grandchildren as part of their estate planning. 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 wasn't a will. No estate planning had been done.The judge appointed a shoestring relative as guardian. A shoestring relative was appointed by the Court as guardian. The accident acted as a wake up call to the grandparents to get their own estate planning done. They called me and I helped with the trust, wills and other documents. Their orphaned grandchildren were to be left with a substantial amount of their estate. I just helped the grandparents update their trusts and wills, after twenty years, and the grandchildren were removed from 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. As you write your will you can "educate" the probate court because you understand what it is you want. You should make two or three different guardian selections in your will. When the first selection, for some reason, is unable to serve, then the next in line will serve until one can serve. 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. The grandparents' service to take care of the grandchildren could be restricted on the condition that they have the health to do it. Protect the children by putting the restriction on the aunt or uncle that they are still happily married to their spouse. 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. Lawyers seldom put restrictions like these in a will; it isn't worth their 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. 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. Order my FREE DVD now to receive more information on protecting your financial future.

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