It actually does not matter if you are separated or wed, calling somebody to serve as the guardian for your children is most likely the most essential part of your estate plan. People that are divorced naturally assume that the other moms and dad will automatically get custody of the kids if something should happen to them. This is true most of the times, however there are some scenarios to where it would be useful if you have named a guardian for your children.
The court will take a number of things into consideration when choosing who will get custody of small children.
– Who the kids want to live with;
Some scenarios that you will wish to take into consideration is the possibility that both you and your ex partner might pass away while your kids are still minors. The other parent might be unable to look after the children for some factor; possibly they might be hospitalized, incarcerated or unsuited.
Although it can be extremely tough to show the other moms and dad unsuited, it can take place and the court will take your will into consideration when naming somebody as guardian. For these factors it is a good idea to call a guardian in your will, even if you do not believe it will make any difference. If absolutely nothing else, it will give you some comfort knowing that your children will be taken care of, even if the other parent is unable to look after this responsibility.