[WSBAPT] joint custody/guardianship nomination in will

[Heather deVrieze]

She should nominate her choice of Guardian, but the short answer is that no, she can't give her 50% time to her nominated guardian. If the father is not unfit, he will have the right to full custody if mom dies.

She should however make sure to nominate a Trustee who will have authority over all of the child's inherited funds, because with control of the money, they may have more ability to control access and visitation, pay for flights or other travel, etc.

Heather

Heather S. de Vrieze
Attorney-at-Law
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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Sharon Rutberg
Sent: Friday, February 17, 2017 9:18 AM
To: wsbapt at lists.wsbarppt.com
Subject: [WSBAPT] joint custody/guardianship nomination in will

Good morning, everyone -

Wondering if anyone has worked on estate planning with a divorced client with minor children. My client has joint custody, children live with her 50% of the time. Can she nominate a guardian to take over her 50% of custody if she should die - and expect a court to accept her nomination -- rather than having children's father take 100%?

Grateful, as always.

Sharon

Law Office of Sharon C. Rutberg, PS
1734 NW Market St.
Seattle, WA 98107
Website: www.sharonrutberglaw.com<http://www.sharonrutberglaw.com/>
206-409-2604
email at sharonrutberglaw.com<mailto:email at sharonrutberglaw.com>
Washington State Bar #47055
D.C. Bar #420576

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