17th May 2013
Naming a guardian for your minor children is one of the most important decisions in estate planning.
This nomination is made in your Will, even if you have chosen to utilized a revocable Living Trust as the primary estate plan.
Sometimes I consult with single women who have minor children, and the father of those children are not active in the life of the child.
Although the mother cannot take away the rights of the father, it is still a good idea to name a guardian in the Will in the event that the father fails in his responsibilities, or that the court finds the father unfit to be in charge of the child.
Naming a guardian also helps to eliminate family tugs of war over the custody of the minor child.
Dwight Edward Tompkins,
Estate Planning Lawyer,