It truly doesn’t matter if you are separated or married, naming someone to serve as the guardian for your children is most likely the most fundamental part of your estate plan. Individuals that are divorced naturally assume that the other parent will automatically get custody of the children if something need to occur to them. This is real in many cases, however there are some situations to where it would be useful if you have actually called a guardian for your children.
The court will take a number of things into factor to consider when choosing who will get custody of minor children.
– Who the children wish to live with;
Some situations that you will wish to take into factor to consider is the possibility that both you and your ex partner may die while your children are still minors. The other parent may be not able to take care of the children for some reason; maybe they may be hospitalized, incarcerated or unfit.
Although it can be really hard to prove the other parent unfit, it can take place and the court will take your will into consideration when naming somebody as guardian. For these factors it is a good concept to call a guardian in your will, even if you don’t think it will make any distinction. If nothing else, it will give you some comfort understanding that your children will be taken care of, even if the other parent is not able to take care of this duty.