Legal Question in Wills and Trusts in Pennsylvania

Re: legal guardianship for minor children

Yes your 18 yold daugther may serve as executor. She may also serve as guardian. You just need to specify her as such in the will.

Re: legal guardianship for minor children

Your 18 year old daughter is old enough to serve as executor and as guardian of your younger child. However, you must name the person who will be executor and guardian in separate provisions in most wills.

Another thing you should consider is having a more mature person act as co-executor with your daughter, who may not have the necessary experience and knowledge to administer an estate. You may also name a separate person as Trustee of whatever you leave to your younger child (minors may not own property in their own names; it should be in a trust until they are no longer minors).

You should always name substitute or successor executors, guardians and trustees, in case your first choice is unable or unwilling to act.

If the will forms you are looking at do not contain paragraphs allowing for all of the above, you may want to check will software, although I am not a big fan of it. Software usually will ask questions and provide explanations to help you answer the questions, and then will prepare the will based on your answers.

When you are creating your own Wills, you should also be creating Durable Powers of Attorney (appointing someone to act on your behalf in case you are incapacitated), a Living Will or Advance Health Care Directive (stating what medical treatments you would or would not want if you were seriously ill or injured and had little chance of any recovery)and Health Care Powers of Attorney, appointing someone to act on your behalf in making health care decisions in accordance with your wishes as expressed in the Living Will or Advance Health Care Directive. These are all essential planning documents.