Legal Question in Wills and Trusts in California

If I create a will and my husband does not, and in that will I name a legal guardian of our child, and both my husband and I die, does my will hold up as to whom will be named the legal guardian?

Asked on 6/19/13, 2:31 pm

4 Answers from Attorneys

Gary R. White Burton & White

The nomination of a guardian in a will is binding on no one. Only a court can appoint a legal guardian.

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Answered on 6/19/13, 2:51 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. White is correct. Naming a legal guardian in a will is nothing but a request to the court as to what to do if both parents die. It has no binding effect.

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Answered on 6/19/13, 3:24 pm
William Christian Rodi Pollock

Probably so, but your designation is not binding. It is a statement of your intent and will likely be taken in to account by the court in the appointment of a guardian. This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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Answered on 6/19/13, 3:36 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with the previous responses. That person may be nominated as a guardian, but is not binding. A court will not appoint a guardian until hearings have been held and the court determines what is in the best interest of the surviving child.

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Answered on 6/19/13, 6:22 pm

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