If something happened to myself and my husband, what legal paperwork is best for my children?

UPDATED: May 31, 2012

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If something happened to myself and my husband, what legal paperwork is best for my children?

I know we should have a Will made to choose who the guardians of our children will be if something happened but I am concerned about who cannot try and step-up to be a part of the children’s lives. Is it possible to exclude people? We have family members on my husband’s side of the family that I am worried if anything happened that they would try to take legal action. Is it as simple as stating in our will that we don’t want specific people to be able to step in? Basically is there a legal way to prevent his family from trying to file any legal paperwork that would drag my family to court?

Asked on May 31, 2012 under Estate Planning, Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

The best way to provide for your minor children is to set up a resulting trust in a Will that you have written about where certain people would be designated to watch over the children while minors and their estate.

The best way to safeguard your children's future in the event something happens to you while they are minors is to consult with a Wills and trust attorney further about your question. In the resulting trust suggested, you can specifically set forth those people who are excluded as to your children's trustee. By doing the suggested resulting trust, that would prevent many people from interfering with who would be looking after your children in the event something happens to you and your husband.

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