Legal Question in Wills and Trusts in Pennsylvania
My wife and I have three children. We have set up our will so that in the event of our deaths our children would go to a couple who we have been friends with for years. Some family members have expressed that if that were to happen, they would take it to court and fight to get our children even though this goes against our wishes.
We chose our friends over our family based on "religious" beliefs.
My question is whether or not they would have a chance at winning such a case if we have spelled out our wished clearly in our will.
1 Answer from Attorneys
Unfortunately you cannot be certain that your wishes will be observed. If your relatives contest the guardianship provision they will have to show that they have "standing" first; that is they will have to show that the law permits them to contest your wishes. Then, in my opinion, they would have to convince the Judge that your friends are not fit guardians. In fact it may be difficult for them to get anywhere unless they can convince a Judge first that the arrangement is somehow harmful for your children.
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