QUESTION
Can I include conditions in my will in regards to custody of my children?
Asked on Sep 19th, 2013 on Estate Planning - California
More details to this question:
I want to leave my children to my sister under the condition that she is still living in our town if I were to pass on. Is this possible? I don't want my children to have to move away.
13 ANSWERS
William M Stoddard
Only if you are prepared to say why they should not go live with their other parent. If he is a criminal or on the sex register, well say so and then declare that you are providing funds for you sister to seek guardianship. It is not custody in those instances. The father always has the right to custody if you can not serve in that capacity. So you have to give reasons in your will so clear that it can be used by your sister to support a guardianship action against him.
Answered on Sep 23rd, 2013 at 1:03 AM
Edwin K. Niles
You can state a preference, although it is possible for a judge to make a different custodial order.
Answered on Sep 20th, 2013 at 5:27 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You can appoint your sister as your childrens' guardian in your will.
Answered on Sep 20th, 2013 at 8:31 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Yes, this can certainly be done. Make sure you also name alternates, in case your sister has moved. The Will should be set up by a lawyer. You may also want to consider a trust, as that is the best way to take care of assets for minors.
Answered on Sep 20th, 2013 at 3:28 AM
Sanford M. Martin
Yes, you should designate guardians or other desired administration of your estate in your will.? You can also disinherit any person in your will. Of course, minor children and spouses have special rights.
Answered on Sep 20th, 2013 at 2:35 AM
Yes, you absolutely should make arrangements for your children should you pass away before they are adults. Name someone to be guardian and care-taker and someone to handle whatever funds you leave for their care or any other income they may have. These jobs can be handled by one or more persons, depending on your situation. Also leave instructions on how you would like the children to be raised (what you think is important - like post-high school education, which religion if any they should be a part of, family members such as grandparents that they should have regular access to, etc.)
Answered on Sep 20th, 2013 at 2:26 AM
2 Awards
If their father is in the picture he will have the rights but that does not mean you cannot make a directive with your wishes just in case. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Sep 20th, 2013 at 2:24 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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Yes you can. You can design your plan limited to your imagination. However, these days we do not use Wills to appoint a Guardian we use what is called an form called Appointment of Guardian. Wills go through probate. You should consider a living trust so that your children do not receive their assets at age 18 to do what they want with the assets. This is what is called one great year.
Answered on Sep 20th, 2013 at 2:23 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes, qualified. The child's living parent would have custody. Your will can state a preference for another person to take guardianship of the children, but it is not automatic, it is a statement of your desire. The person (other than a natural parent of the child) will have to petition the court for guardianship of the children. If a parent, or grandparents, are going to dispute custody, in my opinion you should give your personal representative authority to spend estate money on legal fees to support the guardianship petition of the person you choose.
Answered on Sep 20th, 2013 at 2:18 AM
3 Awards
The other parent has priority and is entitled to custody. Assuming both parent are dead, or unavailable, i.e. in jail, the court will consider your request but is not mandated to follow it. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 20th, 2013 at 2:18 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Sure, you can try. But if she isn't in town, then the court will do what is best for the children and the alternatives may be such that the court would prefer to have them move and be in a good home. You should also think about putting your estate in trust for the children with a person other than the guardian. A check and balance in case one or the other goes off the rails in the future.
Answered on Sep 20th, 2013 at 2:16 AM
Your will can contain a guardianship nomination but be aware that the final decision as to guardianship would remain with the court.
Answered on Sep 20th, 2013 at 2:14 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You could direct in your will that a person be appointed the guardian of your children; however you will need their acceptance of the legal duty. But how about the children's other parent? That parent has right of first claim to his/her children.
Answered on Sep 20th, 2013 at 2:14 AM