Legal Question in Wills and Trusts in Washington
Guardians for our Children
My husband and I are drafting our will.
Is it possible, when we name guardians
for our children, to legally make
restrictions about their education and
religion?
1 Answer from Attorneys
Re: Guardians for our Children
Please understand that children are not property you can leave to another person in your will.
Your will can nominate a guardian and direct that all your estate be held in trust by that person for the benefit of your minor children. You can nominate a guardian of the children and distinguish a different guardian of the trust estate if you want.
You can write instructions to the guardian you nominate regarding your wishes for your children's education and religious schooling, but you'd do well to nominate a person you trust as understanding your values and how you would want those implemented and then allow them to do their job as they see fit.
Estate planning is basic work for an attorney who practices in this area. Setting up what you want should not cost an undue amount of money to have a licensed attorney review your situation and draft the documents you need.
Saving money by getting will forms from the stationery store leaves you with no recourse if there is a problem, and the forms don't necessarily cover your situation.
In Seattle, Margaret Dore is as good as you can find for estate work. You can look her up at wsba.org.
Hope this helps. Elizabeth Powell