Legal Question in Wills and Trusts in Rhode Island

Re: Married Couple Seeking Specific Child Gaurdianship

Each of you should make a Will designating the person or persons, and at least one

alternate person or persons, to be Guardian/s of your children. Absent extreme unsuitability,

Probate Courts will honor your designation. Of course, you should discuss your wishes with

the proposed guardian/s in advance and advise them of your values and beliefs regarding your children's

welfare.

You can build into your Wills a testamentary Trust which provides money and/or assets for a Trustee (who can, but need not be the same person

or persons as the Guardian) to use for the benefit of the children. You can spell out all of the powers you wish the Trustee to have in

the management and distribution of the trust funds. You can also provide that the children receive either certain percentages or certain amounts

of money at certain ages, and can even provide that distributions need not be equal -- the basis of this is that if you were alive, you might decide

that one or more of the children have needs or talents that could be enhanced by distributions from you.

Feel free to contact my office if you should have any further questions.