Legal Question in Wills and Trusts in New York
Wills - Child Guardianship
Mr. LeVine,
Thank you for your previous answer regarding guardianship. Just how 'bulletproof' is the appointment of a guardian in the will? If the parents appoint a divorced grandmother who can financially support, can the grandfather, other grandparents, or aunts/uncles successfully fight the intent of the parents in the will?
Is it possible to spell out that specific persons shall have no ability to make decisions in the child's life? Our child is 3 years old.
1 Answer from Attorneys
Re: Wills - Child Guardianship
Although the courts will give a great deal of weight to your choice of Guardian for your child, nothing is "bulletproof." Ultimately, if your choice is contested, the court will make the decision. I have a caveat for you. I would recommend that you have your wills drafted by an experienced attorney. If you make a mistake, it likely won't be discovered until after you die.
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