Legal Question in Wills and Trusts in New Jersey

Re: Appropriate Form?

I agree with John. Only a Will can designate guardians for minor children. A Living Trust only deals with assets registered in the name of the trust, and the people who will administer those assets (the trustees). Likewise, a Living Will (Health Directive) cannot designate the people who will be guardians for minor children. The Will designating the guardians can also be used to "pour over" to the Living Trust any assets not already registered and that do not have someone else named on the account registration. I suggest you contact an attorney, like myself, familiar with these types of documents, to be sure you have all of the proper documents you might need.

Re: Appropriate Form?

You should have a Will to appoint guardians for your children and trustees for any property they will inherit from you while they are minors.

It is very risky to use a form such as the one you mention, because each situation is different, and that form would not accomplish what you state as your goal.

Will documents that all people should have are a Will, Living Will or Advance Health Care Directive,a Health Care Durable Power of Attorney [appoints someone to speak on your behalf and enforce your advance health care directive] and a general durable power of attorney, that appoints someone to manage your financial affairs in the event that you are physically or mentally unable to do so yourself.

Please consult with an experienced estates lawyer in or near the county where you live to give you information and guidance about what you need, rather than using "forms" that may not only frustrate your goal, but even leave more of a mess than had you not used the form.

My NJ Office is in Collingswood [Camden County]. Initial brief phone consultations are free.

Re: Appropriate Form?

Guardians for minors are designated by making a will.