Legal Question in Wills and Trusts in New York
Can I put in my will for someone other than my daughter�s father (we are not married and never have been), to take care of her if I die? He�s not in prison or anything like that. He has had trouble with drugs in the past and might return to it. Basically, he�s just a jerk and, in my opinion, not responsible enough to take care of our daughter if I die.
1 Answer from Attorneys
To protect your child, you should hire an attorney to write your will/trust. However, if you insist on doing it alone, you should write your desires in two separate paragraphs.
1. Guardian of the Person. (You daughter may live with this person should you die before she reaches majority. However, the court has the power to appoint someone else).
2. Guardian of the Property. (This appointee will control your assets for the benefit of your daughter. It can be the same person as you appoint as guardian of the person. However, there should be separate paragraphs making the appointments to avoid problems should the court veto your choice as guardian of the person.)
Also licensed and practicing in New York.
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