Legal Question in Wills and Trusts in Massachusetts

Re. Personal guardian for child

I am a non-citizen resident, my wife is a citizen and my 4 year old daughter holds a US passport. In making my will I have designated my brother who is not a resident/citizen of the US as the guardian if something happens to both me and my wife. I have also designated my sister-in-law who is a resident/non-citizen of the US as the alternate (if for some reason my brother cannot take up this task). Would the 'designation of someone who is not a resident/citizen of the US cause problems in the court'? My daughter is close to both my brother and sister-in-law. I have also named my brother as the property guardian for my daughter (my sister-in-law being the alternate). Will this cause any problems in the court?

Thanks.


Asked on 11/27/99, 12:38 pm

1 Answer from Attorneys
Stuart Williams

Re: Re. Personal guardian for child

Who prepared your will for you?

How old is your youngest child?

Where do your brother and your sister-in-law live (city and state)? For how long? How old is each of them? What do you know about their criminal histories? Do they have children also?

What city or town do you live in now? Do you intend to remain in this state? How old are you and your wife and is either or are both of you ill?

Please send me an e-mail answering these questions ( [email protected] or [email protected] ) or call me at (617)527-0050 and I will be able to give you some help. The law on selection of fiduciaries and guardians is actually pretty straightforward.

Read more
Answered on 12/01/99, 11:39 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Massachusetts