Legal Question in Wills and Trusts in California

Designated Guardian in Will

My husband and I are in the process of creating a will as we recently had a baby. Should both of us pass away, the guardians of our choice would be friends of the family rather than relatives. Should a relative choose to contest this decision in court, what are the chances of our will being followed?

Thanks!


Asked on 3/08/00, 4:54 pm

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Designated Guardian in Will

That is the whole point in having a will. If the will is properly done and there are no major reasons why your friends can't or shouldn't care for your children it should hold up in court.

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Answered on 3/21/00, 8:15 pm
MICHAEL MILNES Law Office of Michael A. Milnes

Re: Designated Guardian in Will

Your nomination is only that, a nomination. The court is not legally obigated to accept your nomination, but, it will give great weight to your nomination and probably honor it if, after considering any alternative Petitions that anyone else has filed, there is no practical difference between your nominee and any Petitioners.

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Answered on 3/21/00, 9:01 pm


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