Legal Question in Wills and Trusts in California
guardianship
If my husband and I die and we nominate someone to care for our children how much weight does that hold in the courts? We are disagreeing who to nominate and I was wondering if we sign papers stating who we (he) wants how valid is that. Basically he wants his sister (who has seen the children twice and lives 300 miles away) and I want my parents who see the babies twice a week and live 40 minutes a way. Thanks for your help.
3 Answers from Attorneys
Re: guardianship
The nomination, which will probably be your only written expression on the subject, will be given great weight by the courts. Most likely the choice will be upheld unless your parents can demonstrate that the sister is unfit. I would be very careful about signing this nomination and would consider obtaining separate legal advice on the subject.
Re: guardianship
This is probably the most difficult part about estate planning, including my own. The parents' written nomination is given the greatest weight, and if you disagree, the nomination of the last surviving parent will most likely be given the most weight.
Re: guardianship
a guardian ship document is very much binding on who will take care of the children and their assest, both of your estates --- over 30 years this is the most difficult clause in a will to decide by the parents --- numbers of factors are involved and the people who care for the children are not necearilly the ones who deal with the estate --- if you wish to dicuss these issues with me 925-945-6000
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