Legal Question in Wills and Trusts in Maryland
My husband and I appointed a guardian for our child in our last will and testament. She is also the trustee of the estate. If in the unfortunate event that my husband and I are deceased and she honors our wishes to be guardian of our child, I would like to know whether her spouse would automatically take custody of our child and the estate IF she( the guardian) died while our child was in her care. (we have only named her in the last will as guardian not her spouse).
Thank you
1 Answer from Attorneys
No, there is no "automatic" guardianship granted to a surviving spouse. It is possible that the surviving spouse could petition for guardianship, particularly if s/he had been in a parental role for some time and the children were happy in that home.
It is often a good idea to name a "back up" guardian in your will so that the court knows your preference if the first named guardian dies or is unavailable to serve.
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