Legal Question in Wills and Trusts in Indiana

Is it possible to make this restriction in a Will?:

The beneficiary (specified relatives) may only have custody of (name of child) if they remain as a permanent residence within (listed counties and states). If they do not honor this wish, custody of (child's name) will be moved to (other specified relative) as long as they honor this wish as well.


Asked on 1/24/12, 6:05 pm

1 Answer from Attorneys
Jay Rigdon Rockhill Pinnick LLP

You can make that request in the will, but the will is not 100% binding on custody of minor children. A court still has to grant guardianship, and while the court will usually follow the wishes of the deceased parent(s), it is not binding.

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Answered on 1/25/12, 7:28 am


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