Legal Question in Wills and Trusts in Pennsylvania
naming childs guardian in will
My daughter's father and i are seperated. If anything were to happen to me, how could I go about making sure my sister will raise her vs. her dad.
Asked on 6/28/07, 11:14 pm
1 Answer from Attorneys
Miriam Jacobson
Retired from practice of law
Re: naming childs guardian in will
Did you seperation agreement provide for custody only in you?
Usually the surviving parent is the natural guardian. You may name guardians in your will, specifying your sister, and then second and third choices in case she is not able to serve as guardian. However, your daughter's father may try to contest that appointment and seek guardianship and custody for himself.
You should consult a local estates lawyer to advise you and to help you properly document this.
Answered on 6/29/07, 11:03 am