In case of death of both parents

[LdiJ]

Thank you both!

IAAL, so, at least for CA, and likely other states, in-state relatives WILL likely be given preference over out-of-state? I thought that was likely the case.

If there are two or more equally qualified candidates IN-STATE, will estate planning parental preference play any role at all? OR if both parents specifically EXCLUDE an apparently qualified candidate for their own reasons, will that bear any weight if there are other qualified parties available?

And Krispy, I am intriqued by your comment. The state would give preference to a qualified someone of comparable age to that of the parents, you say (remember, DH and I, for example, are the age of some grandparents)?

The parent's wishes won't entirely be ignored, they will certainly be taken into consideration if properly documented. If the overall family is a functional one the family members will certainly take the parent's wishes into consideration. I think if a parent specifically EXCLUDED someone that a court would take that seriously.

 

[BelizeBreeze]

Why are you dredging up old posts (this one more than a month old) when the poster is long gone?

 

[UNHAPPY SON]

Nc Law

While I'm In Another State, Our Attorneys Advised To Include In The Will Our Wishes, Appoint Guardians, Name An Executor And Then Document Fully Any And All Info As To Why It Would Not Be In Our Son's Best Interest To Live The Biological Father. This Will Ensure That Your Voice Is Heard And Might Very Well Work. I Have Noticed The Same Advice For Other States While Surfing, But Not Sure Which States. Might Be Worth A Shot.

 

[snostar]

UNHAPPY - quit with the useless replies to old posts and use lower case letters!!!

 

[Grandma48]

Texas. You can leave in writing if something happens to you , you can leave your children to who you want. There may be someone to fight the matter.

 

[WA_DAD]

Testamentary Guardianship

WA State,

In the case of Washington state, parents can appoint a guardian for their minor children in their will. This is called "testamentary guardianship."

Testamentary guardianship goes into effect when the sole remaining parent dies. The named guardian will need to have the appointment confirmed by the court and will have certain statutory responsibilities including making reports to the court and posting a bond, unless the bond has been waived. A parent can change a testamentary guardian at any time by amending his/her will. In the case of a single parent who dies leaving minor children, the courts will look to the other (non-custodial) parent to take the children first. If that parent is also deceased, a testamentary guardian will probably be approved. If the other parent is alive, there is no way of ensuring the court will accept the appointment of a testamentary guardian.

A testamentary guardian may be appointed only by will of the last surviving parent.

WA_DAD