Legal Question in Wills and Trusts in New York

Yes, however, depending on the circumstance it may not be enforced.

Mike.

The surviving spouse is the natural Guardian of the children. The appointment of a Guardian in your Will only becomes effective on your death if you are the surviving parent.

I agree with Norman, if the surviving spouse is the natural parent. If you are the surviving spouse, your Will controls. Of course, there are cases where older, but minor children, might want someone other than a natural parent to be their guardian, and they do have sme say in the matter. Do your Will the way you want and it might probably be honored, depending upon the facts and circumstances at the time it is probated.