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guardianship

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R

riverbot

Guest
What is the name of your state? california

How do I legally specify who will be the legal guardian of my two children if both me and my wife were to die? I have three sisters and I want a nonrelative to be the guardian.
 


I AM ALWAYS LIABLE

Senior Member
riverbot said:
What is the name of your state? california

How do I legally specify who will be the legal guardian of my two children if both me and my wife were to die? I have three sisters and I want a nonrelative to be the guardian.

My response:

In a Will, you may "nominate" any person to be the Guardian of your child(ren) upon the dual death of you and your wife. However, that person so "nominated" must still file a Petition in the Probate court to be "appointed" the legal guardian by the court.

It doesn't always turn out that way, however. Family members are given priority over non-family Petitioners, despite what you may write in your Will.

The court looks to the child's "best interests" when making such an "appointment", and family by blood come first.

In other words, a court is NOT bound by what you write in your Will, in these regards. The court MAY use your words as a guide, but is not bound by what you want. Again, the "best interests" as decided by the court is what counts in the final analysis when it comes to children.

IAAL
 

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