Legal Planning that Every Parent Should Know About : Scenario 4- Picking the Best Person for the Job
The following series of posts contain articles posted at Kaboose.com, featuring an interview with my colleague Kimberly Hegwood. If you have any questions or want to speak with me about these issues, please call me at 770-425-6060.
The person that you designated in your will can no longer care for your children, however you have a younger brother, whom you love to death, but you don't believe he's mature enough to raise a child (or has the financial means to do so). He thinks he'd make a great dad and you know he'd be the first to offer. What do you do to protect your children as well as avoid hurt feelings?
Kimberly: You can avoid this by updating your will regularly and keeping an open channel of communication with the potential guardian. If you do not want your brother as a guardian then you need to put that in writing. The court will not allow you to set up hurdles that a guardian must meet after you die.
As for hurt feelings, remember you should always put your children's best interest above all others. But it will be important for your brother to continue his role as an uncle and stay involved with your children so discuss this with a potential guardian. Try writing him a letter that he will receive at your death, explaining your thoughts and how you would love him to be there for your kids as an uncle.