Legal Question in Family Law in Michigan
Planning for guardianship of a minor
My wife and I have a 1 year old daughter. We were wondering what would happen if we were both killed in an accident, specifically, who would become guardian of our daughter? Is there a legal document that can establish a guardian in this instance?
3 Answers from Attorneys
Re: Planning for guardianship of a minor
If both of you were killed in an accident, you could specify your preference with regard to a guardian. However, if the person you named refuses to serve or if there is a challenge to their ability, the court has the ultimate say. I suggest that you do a will or perhaps a will with a trust and have life insurance pay into the trust to fund care for your child in the event that you both die in an accident. Feel free to call me to discuss this matter. William S. Stern 248-353-9400
Re: Planning for guardianship of a minor
YES!!! Make a will. Absent a will, it will be a free-for-all with every relative of yours and your wife's coming into court demanding to be made guardian. I've seen it happen. For more info, please contact my office at (248)851-3171.
Re: Planning for guardianship of a minor
Will and trust documents can designate your preferences as to guardians and conservators for minor children. Attorneys regularly draft such provisions in wills and trusts for clients. -Greg (248) 305-5840
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