Legal Question in Wills and Trusts in South Dakota

Custoday of minor children upon parents death

I have 3 Grandchildren. In case of the death of my son & daughter-in-law, my wife and I (with their parents concurrence) want to be named as legal guardians of the grandchildren. Is this done as a part of the will, or is a special form required.

Asked on 8/08/07, 9:53 pm

1 Answer from Attorneys

Jim Craig Craig Law Office

Re: Custoday of minor children upon parents death

Ordinarily, this is specified in the parents' wills. If they fail to act, procedures exist to be appointed guardian (and /or conservator of the children's property) by the court. Those procedures are found in SDCL 29A-5.

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Answered on 8/09/07, 10:28 am

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