Is there any problem with an executor also being named the guardian of our children in the event of my and my husband’s deaths?

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Is there any problem with an executor also being named the guardian of our children in the event of my and my husband’s deaths?

Asked on October 27, 2011 under Estate Planning, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There is no legal problem if you named the executor of your and your husband's estates the guardian for your children in the event you and he pass while your children are minors.

The key to your decison is whether or not the person named as the executor and guardian has the trust of you and your husband and the responsibility to take care of your children in the event that needs to take place.

I suggest that you advise the person named as the executor and guardian about the naming in order to get some feed back from him or her.

Good luck.


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