If both I and my husband died and we are not US citizens, what will happen to our child who is US citizen?

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If both I and my husband died and we are not US citizens, what will happen to our child who is US citizen?

I have read that we need to write a Will and name a guardian, which is understood. But both of us are not US citizens, while my child is citizen. So, can we name the guardian who is not a US citizen relative? Can he take our child outside USA to our family in our country?

Asked on August 6, 2010 under Estate Planning, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

What you need to do is to go and see an attorney and an estate planner as to this matter.  But generally, if you appoint a guardian of your child in a Will then the court will honor that request and appoint the party as the guardian which will allow them to travel outside the United States with the child.  You should also consider creating a trust with your assets to help provide for your child, including a life insurance policy to fund the trust.  But an estate planner will best be able to help you with all of this.  It is very smart of you to plan ahead with all of this and do something sooner rather than later.  Good luck. 


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