Legal Question in Family Law in Illinois

Single mom making a will naming sister not father as guardian

I am a divorced mother with sole custody of my 12-year old son and in the event of my death I do not want my son to be turned over to his father. This is due to alcoholism, unemployment and various other reasons. I want to prepare a will naming my sister and her husband as guardians. They are much more stable and will provide a much better home environment and will also manage all monies I leave to my son in his best interest. Can this be done?


Asked on 8/09/01, 2:31 pm

1 Answer from Attorneys
Jeffrey R. Gottlieb Law Offices of Jeffrey R. Gottlieb, LLC

Re: Single mom making a will naming sister not father as guardian

Certainly you can have a will prepared that sets forth your wishes in that regard. However, your designation cannot bind the court in the future and the court is always free to consider the best interests of the child. But, your well-reasoned wishes would be given some weight. In any case, you can certainly name whoemever you wish to be trustee of funds for your son and this will be honored by the court. If you would like to schedule a free consulation to discuss this, please call me at (847) 991-2250.

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Answered on 8/14/01, 12:36 pm


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