Legal Question in Wills and Trusts in Maryland

guardian for child

My hisband and I cannot agree on the sameperson to raiswour child if something happens to us. Can I have a separate will from his?


Asked on 7/11/08, 10:17 pm

2 Answers from Attorneys

G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: guardian for child

Yes, you can have a separate Last Will and Testament. In many case I advise seperate bequeathals. But, you cannot avoid a spousal share when elected.

Moreover, you may not be able to effectively invoke guardianship over a parental right. This, of course, depends on many facts involved with raising of the children.

Contact me to discuss your objectives.

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Answered on 7/12/08, 10:16 pm
Jac Knust The Collaborative Law Group

Re: guardian for child

Yes, but if you die simultaneously (a highly unlikely event) and his will conflicts with yours, the Court will be deciding the issue.

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Answered on 7/11/08, 10:53 pm


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