Legal Question in Wills and Trusts in New York
Wills
If both parents die without a will is there a preference of the courts as to which relative is given guardianship? Do grandparents have priority over aunts/uncles?
1 Answer from Attorneys
Re: Wills
This is a difficult question to answer, as there are many variables. The key element is the Court's determination as to what is in the best interest of the minor, guided, in part, by the age(s) of the minor(s). While grandparents may have a slight priority, as being next in line to inherit the estate, questions may arise as to ages of the people, their health, locations as to current residence (so children are not uprooted), financial wellbeing, etc. The older the minor children, they may have some choice in the selection. Plus, many times contests can arise among the closer relatives (in-laws raising issues of competency and who would serve the best interest). If this is not reality, it is why I recommend even to newly-weds without assets, that they should have Wills, just to cover this issue and to avoid contests, costs and fees, and family arguments.