Kailua Kona, HI asked in Estate Planning for New York

Q: I don't have any property to leave in a will, but is a will a good place to appoint a guardian for my child?

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2 Lawyer Answers
Stephen Bilkis
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Stephen Bilkis PRO label
Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: Yes. It would be appropriate to name a guardian in your will. Keep in mind however, the court does not necessarily have to honor your appointment. They will also take into consideration what is best for the child, and determine whether the other parent is living for instance.

Barry E. Janay agrees with this answer

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: No. Guardianships do not follow wills. The best interest of the child governs.

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