I discussed in one post about the various factors that you should consider in naming your child’s guardian and in another post about the all-too-common situation where you and your spouse may not be able to agree about who your child’s guardians should be. But what if you know for certain that you absolutely would not want so-and-so to serve as your child’s guardian? Perhaps you have a family member who looks like he or she would be the perfect guardian on paper for the Probate Court to appoint but for various reasons you do not want him or her to serve. In this case, you should specify that in your Will. The reason is that if all of your previously named guardians in your Will are unable or unwilling to serve as guardian, the Probate Court Judge would have to appoint guardians and if you have a strong desire that so-and-so never serve as guardian, you should state this in your Will (and It would not hurt if we included a brief explanation for your reasons why you do not want so-and-so to serve as guardian).

Any questions, do not hesitate to let me know.



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