subject: Guardianship in Wills [print this page] Guardianship in Wills Guardianship in Wills
There are some complications and difficulties when it comes to wills and inheritance. They sometimes become the reason behind family conflicts, rifts, and arguments. And not just with the inheritance part of wills the naming of guardianship is also another source of miscommunication if the terms are not understood clearly, and to avoid misunderstandings, let us explain the basics of guardianship in wills.
If the parents are divorced, things are usually more complicated. The parent with legal custody of the children is given the responsibility of naming a guardian. However, if the person chosen by the parent is not the other biological parent of the children, then the court usually does not approve of it.
If the original guardian is unable to take responsibility as guardian, it is suggested you name an alternate guardian. Perhaps even two guardians: one of the guardians can be in charge of the children's financial affairs and the other will be the one responsible for taking care of and raising the children. The guardian in charge of financial affairs has some control over your children's money and estate; this is helpful if you have stated in the will that your children get their money directly; this helps the children to not make any rash or foolish decisions on how they think the money ought to be spent. Having two guardians is not always done, but can turn out well, especially if you, as the parent, feel that you can't just leave your children in the care of one person.