The Appointment of a Guardian Requires Careful Consideration

The appointment of a guardian for minor children in a will or in another document requires careful consideration. When you die, the guardian’s appointment may be effective more quickly if the appointment is made in a separate writing outside the will, since the appointment can be effective prior to probating the will. While some courts require a guardian appointment in separate writing go through a probate-like verification process, there’s no statutory or case law requirement to do so. Given that situations can change, and timing of death is uncertain, some parents may prefer the probate-like verification process even when the appointed person filing an acceptance may be sufficient. 

Learn more about appointing a guardian for a child outside a will here.

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If you’re interested in learning more about estate planning, please contact estate planning attorneys in Ann Arbor at 734-665-4441.