Should we change our Will if travelling without our kids but withtheir guardian?

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Should we change our Will if travelling without our kids but withtheir guardian?

We have stated a guardian of our children in our Will. If we are travelling with that person, and without our kids, should we change our Will to name a different guardian? Or can that be done temporarily?

Asked on January 5, 2011 under Estate Planning, California

Answers:

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

Answered 11 years ago | Contributor

I can see where you may be worried here.  Is there an alternate guardian mentioned in the Last Will and Testament should the guardian named decide to renounce their position or should they in some way be unable to serve as guardian?  Maybe that is the way to go with your Will.  Change it to reflect an understanding that sometimes things may not go as planned and an alternative plan needs to be put in place.  It may be smart to sit down with an estate planner and speak about setting up a trust for the benefit of the children and having your assets fund the trust.  No time like the present.  Good luck.


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