Legal Question in Family Law in California

If you have a will you can file an addendum that specifies your preference that an uncle be the person who should receive custody of your children. Remember that a court will act in the best interest of your children. If uncle lacks capacity to take custody, your wishes may not be carried into effect. Often a young person stands the best chance of being named guardian.

You cannot grant custody of your children upon death. All you can do is nominate a guardian or conservator. The executor of your estate and ultimately the courts will decide who actually becomes the custodian.