Q: If something was to happen to me or my husband who would our kids go 2.I have been told they would go 2 an aunt or uncle
My husband wants to agrue i was told they would go to an aunt or uncle but he said its the grandparents. I just want to know in case something was to happen
A:
You're both right and you're both wrong. Who would get your children is up to the determination of the court in accordance with the best interests of the child. This is usually a family member. Whether that is the aunt and uncle or the grandparents is up to the court.
That said, parents usually nominate their proposed guardians to replace them in their wills, which is not dispositive of who would get custody of the children, but is considered a factor by the courts in selecting the children's guardians. If you do not have a will and other estate planning documents in place, it would be a good idea to do so.
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