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When parents cannot agree on a guardian!

Posted 5 years 151 days ago ago by Danielle Streed

When it comes to estate planning many young couples get hung up on who to name as the guardian of their minor children. In many cases, they don't have anyone to choose from or worse yet they each have their own idea of who should serve and it is not the same person. The problem is that once parents hit this road block and find they cannot agree on a guardian, they stop all estate planning efforts and nothing gets done. Here's the good news! You don't have to agree on who will serve as the guardian of your minor children. Each parent has the right to set up their own last Will and Testament and name the guardian of their choice. It may not be the same person. In essence, if the wife dies last, her Last Will and Testament will be admitted to probate to appoint the guardian named in her document. The only risk is simultaneous death.

All t hat aside, if you cannot decide on a guardian, don’t stop there, agree to disagree and move forward. What parents need to understand is that failing to put anything in writing leaves the decision with the probate court and then you have basically said ".I guess I don’t care, I will let the courts decide".

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