Will

[JennMar]

What is the name of your state (only U.S. law)? New Jersey
My parents are looking to get a will set up. They have joint custody (with my sister) of my niece since she was one years old, now she is 12. They prefer that I take care of my niece since my sister lives out of state and has no relationship or contact with her. My niece and I are very close and I have helped my parents take care of her. Can they stipulate in the will that if something should happen to them that I am appointed guardian of my niece?

 

[seniorjudge]

Q: Can they stipulate in the will that if something should happen to them that I am appointed guardian of my niece?

A: Human beings cannot be willed in this country.

 

[garrula lingua]

They can express their wishes in the will.
Hopefully, the family will honor those wishes, but (like burial instructions) they are not legally binding on anyone.
Mom has the right to reclaim her daughter if she never gave up custody legally & any other party can petition for guardianship.

 

[Silverplum]

They can express their wishes in the will.
Hopefully, the family will honor those wishes, but (like burial instructions) they are not legally binding on anyone.
Mom has the right to reclaim her daughter if she never gave up custody legally & any other party can petition for guardianship.

So does DAD.

 

[garrula lingua]

Very true.
...
Thanks.

 

[Silverplum]

Very true.
...
Thanks.

Of course!
(I was *quivering* at the very idea of adding to your attorney post! )

 

[seniorjudge]

...

I was *quivering*

...

You know, when I read that [deleted by moderators].

 

[Silverplum]

You know, when I read that [deleted by moderators].

Yes, dear!

 

[garrula lingua]

I think SJ is quivering ... at Silverplum ...

 

[Silverplum]

I think SJ is quivering ...

I often manage to say the *wrong* thing!

 

[garrula lingua]

... I think he's waving his gavel at you ... oh, no, that's not it ... nevermind.

 

[seniorjudge]

... I think he's waving his gavel at you ... oh, no, that's not it ... nevermind.

You know, when SilverPlum [deleted by moderators], it causes me to [deleted by moderators], which then leads to [deleted by moderators], after which I take a little rum and cigar.

 

[garrula lingua]

From now on, when I hear a gavel banging, this will give new meaning

I've always equated it with a judicially shouted 'Shut Up' or call for comtempt