[WSBAPT] co-Guardians - Different States

[Philip N. Jones]

Many courts do not like co-fiduciaries, due to the possibility of a disagreement and a deadlock. But even those same courts will often go along with co-fiduciaries if nominated in the will.
The part about the schooling/summers should be stated in the will in a precatory manner, not mandatory.  Things change.  Don't handcuff the fiduciaries.
Of course, this is an example of the hand from the grave.  We all have to deal with clients like this from time to time.  I try to tell people that the odds of both parents dying before the kids are 18 are low, and to not get too excited about the terms and conditions of a guardianship.  And if they have chosen good people to be the guardians, everything will turn out well because those good people will make good decisions.
But some people are still worked up about it.  Not much we can do about that.
Even worse are people who get very worked up about the future care of their pets (who are likely to die before they do).  Don't get me started.
Phil Jones

Philip N. Jones
Duffy Kekel LLP
900 S.W. Fifth Ave. Suite 2500
Portland, OR 97204
pjones at duffykekel.com<mailto:pjones at duffykekel.com>
(503) 226-1371 - office
(503) 853-1482 - cell
(503) 226-3574 - fax

From: wsbapt-bounces at lists.wsbarppt.com <wsbapt-bounces at lists.wsbarppt.com> On Behalf Of David Greenberg
Sent: Wednesday, September 6, 2023 3:58 PM
To: WSBA Probate & Trust Listserv <wsbapt at lists.wsbarppt.com>
Subject: [WSBAPT] co-Guardians - Different States

I have an interesting guardianship request from some clients.

Clients want minor children to have co-guardians in different states if both clients die. One guardian from father's side in CA and one guardian from mother's side in GA. Clients want children to go to school in CA and spend summers in GA.

Does anyone have any guidance as to whether the court would approve these appointments?

Thanks,
Dave


[cid:image001.png at 01D9E0DD.50B9D310]<https://greenbergplanning.com/>
Dave R. Greenberg,
Attorney

425-522-2476
dave at greenbergplanning.com<mailto:dave at greenbergplanning.com>

Greenberg Estate Planning, PLLC
40 Lake Bellevue Dr., Suite 100
Bellevue, WA 98005

greenbergplanning.com<http://www.greenbergplanning.com/>
Schedule a Meeting<https://greenbergplanning.cliogrow.com/book>


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