Legal Question in Family Law in New York
Wills
When 2 people get divorced and there is a custody battle over 4 children, which document outweighs the other in terms of what will happen to the children if one of the parents dies? Will or Supreme Court Order? The issue is that the children live with their mother with visitation with their father and have expressed a concern that if something happens to their mother, they do not want to be forced to go live with their father. If the mother has a Will naming a new guardian, which document will the Court follow?
2 Answers from Attorneys
Re: Wills
It is complicated. Wills can be modified by extrinsic evidence depending on the wording. This is more of a question for a Trusts and Estates/ Wills lawyer. I think that you should consult a Wills lawyer in your area.
Re: Wills
Awill does not determine the rights of parents vis on on vis their children and cannot express the parents wishes concerning custody of minor children. Court's responsibility is to determine the best interests of minor children. If on on will names on on guardian, that guardian determines how the property of the children is dealt with.
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